reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4440 - Appeal rights

Current through Register Vol. 24-14, July 15, 2024
(1) The appeal
				  rights in this section apply to any appealable action taken by the department
				  under chapters 18.51, 74.42 and 74.39A RCW. Notice and appeal requirements for
				  resident protection program findings are described in WAC
				  388-97-0720
				  and
				  388-97-0740.
(2) The following actions may be appealed:
(a) Imposition of a penalty under
				  RCW
				  18.51.060 or
				  74.42.580;
(b) A denial of a license under
				  RCW
				  18.51.054, a license suspension under
				  RCW
				  18.51.067 or a condition on a license under
				  RCW 74.39A.050; or
(c) Deficiencies
				  cited on the state survey report and any other deficiencies cited under state
				  law.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4460 - Remedies

Current through Register Vol. 24-14, July 15, 2024
Mandatory Remedies
(1) In accordance with
				  RCW
				  18.51.060(5)(a), the
				  department must impose a stop placement order when the department determines
				  that the nursing home is not in substantial compliance with applicable laws or
				  regulations and the cited deficiency(ies):
(a) Jeopardize the health and safety of the
				  residents; or
(b) Seriously limit
				  the nursing home's capacity to provide adequate care.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4480 - Criteria for imposing optional remedies

Current through Register Vol. 24-14, July 15, 2024
(1) The criteria set forth in this section
				  implement the requirements under
				  RCW
				  18.51.060(8). The criteria
				  do not replace the standards for imposition of mandatory remedies under
				  RCW
				  18.51.060(3) and (5), or for
				  the imposition of mandatory remedies in accordance with WAC
				  388-97-4460(1), (2) and
				  (3).
(2) The department must consider the
				  imposition of one or more optional remedy(ies) when the nursing home has:
(a) A history of being unable to sustain
				  compliance;
(b) One or more
				  deficiencies on one inspection at severity level 2 or higher as described in
				  WAC 388-97-4500;
(c) Been unable to provide an acceptable plan
				  of correction after receiving assistance from the department about necessary
				  revisions;
(d) One or more
				  deficiencies cited under general administration and/or nursing
				  services;
(e) One or more
				  deficiencies related to retaliation against a resident or an employee for
				  whistle blower activity under
				  RCW
				  18.51.220,
				  74.34.180 or
				  74.39A.060 and WAC
				  388-97-1820;
(f) One or more deficiencies related to
				  discrimination against a medicare or medicaid client under
				  RCW
				  74.42.055, and Titles XVIII and XIX of the
				  Social Security Act and medicare and medicaid regulations; or
(g) Willfully interfered with the performance
				  of official duties by a long-term care ombuds.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4500 - Severity and scope of deficiencies

Current through Register Vol. 24-14, July 15, 2024
(1)
"Severity of a deficiency"
means the seriousness of the deficiency. Factors the department will consider
				  when determining the severity of a deficiency may include, but are not limited
				  to:
(a) Whether harm to the resident has
				  occurred, or could occur, including but not limited to a violation of
				  resident's rights;
(b) The Impact
				  of the actual or potential harm on the resident; and
(c) The degree to which the nursing home
				  failed to meet the resident's highest practicable physical, mental, and
				  psychosocial well-being as defined in WAC
				  388-97-0001.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4520 - Separate deficiencies - Separate remedies

Current through Register Vol. 24-14, July 15, 2024
(1) Each deficiency cited by the department
				  for noncompliance with a statute or regulation is a separate deficiency subject
				  to the assessment of a separate remedy.
(2) Each day upon which the same deficiency
				  occurs is a separate deficiency subject to the assessment of a separate
				  remedy.
Statutory Authority:
						Chapters
						18.51 and
						74.42 RCW and
						42 C.F.R.
						489.52. 08-20-062, § 388-97-4520, filed
						9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4540 - Stop placement

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department must impose a stop placement order when required by
				  RCW
				  18.51.060(5) and WAC
				  388-97-4460(1) 
				  and may impose a stop placement order as an optional remedy in accordance with
				  WAC 388-97-4480. The department's
				  stop placement order becomes effective upon verbal or written notice.
(2) The nursing home has the right to an
				  informal department review to refute the federal or state deficiencies, or
				  both, cited as the basis for the stop placement and must request such review in
				  accordance with WAC
				  388-97-4420(3).
(3) The department will not delay or suspend
				  a stop placement order because the nursing home requests an administrative
				  hearing or informal department review.
(4) The stop placement order must remain in
				  effect until:
(a) The department terminates
				  the stop placement order; or
(b)
				  The stop placement order is terminated by a final agency order following appeal
				  conducted in accordance with
				  chapter
				  34.05 RCW.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4560 - Amount of civil fine

Current through Register Vol. 24-14, July 15, 2024
(1) Except as
				  otherwise provided in statute, the range for a:
(a) Per day civil fine is fifty dollars to
				  three thousand dollars; and
(b) Per
				  instance civil fine is one thousand to three thousand dollars.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4580 - Civil fine accrual and due dates and interest

Current through Register Vol. 24-14, July 15, 2024
(1) Accrual of a per day civil fine begins on
				  the first date the department verifies that the nursing home has or had a
				  specific deficiency. Accrual of the per day civil fine will end on the date the
				  department determines the nursing home corrected the deficiency.
(2) A per instance fine may be assessed for a
				  deficiency, regardless of whether or not the deficiency had been corrected by
				  the time the department first identified it.
(3) Civil fine(s) are due twenty days after
				  the nursing home is notified of the civil fine(s) if the nursing home does not
				  request a hearing.
(4) If the
				  nursing home requests a hearing, the civil fine(s) including interest, if any,
				  is due twenty days after:
(a) A hearing
				  decision ordering payment of the fine(s) becomes final in accordance with
				  chapter 388-02 WAC;
(b) The appeal
				  is withdrawn;
(c) A settlement
				  agreement and order of dismissal is entered, unless otherwise specified in the
				  agreement; or
(d) An order of
				  dismissal is entered.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4600 - Civil penalty fund

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department must deposit civil penalties collected under
				  chapter
				  18.51 or
				  74.42 RCW into a special fund
				  administered by the department to be applied to the protection of the health or
				  property of residents of nursing homes found to be deficient.
(2) The funds must be administered by the
				  department according to department procedures. Uses of the fund include, but
				  are not limited to:
(a) Payment for the costs
				  of relocation of residents to other facilities;
(b) Payment to maintain operation of a
				  nursing home pending correction of deficiencies or closure; and
(c) Reimbursement of residents for personal
				  funds or property lost when the resident's personal funds or property cannot be
				  recovered from the nursing home or third party insurer.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4620 - Temporary management

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				  department appoints a temporary manager, the department must order the licensee
				  to:
(a) Cease operating the nursing home;
				  and
(b) Immediately turn over to
				  the temporary manager possession and control of the nursing home including, but
				  not limited to, all patient care records, financial records, and other records
				  necessary for continued operation of the nursing home while temporary
				  management is in effect.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4640 - Receivership

Current through Register Vol. 24-14, July 15, 2024
(1) Receivership is
				  authorized under
				  RCW
				  18.51.400 through
				  18.51.520 and the following
				  regulations.
(2) After receivership
				  is established, the department may recommend to the court that all residents be
				  relocated and the nursing home closed when:
(a) Problems exist in the physical condition
				  of the premises which cannot be corrected in an economically prudent manner;
				  or
(b) The department determines
				  the former licensee or owner:
(i) Is unwilling
				  or unable to manage the nursing home in a manner ensuring residents' health,
				  safety, and welfare; and
(ii) Has
				  not entered into an enforceable agreement to sell the nursing home within three
				  months of the court's decision to grant receivership.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4660 - Temporary managers and receivers - Application

Current through Register Vol. 24-14, July 15, 2024
(1) The department may recruit individuals,
				  partnerships, corporations and other entities interested in serving as a
				  temporary manager or receiver of a nursing home.
(2) Individuals, partnerships, corporations,
				  or other entities interested in being appointed as a temporary manager or
				  receiver must complete and submit to the department the required application on
				  department forms.
(3) Individuals,
				  partnerships, corporations, or other entities with experience in providing
				  long-term health care and a history of satisfactory nursing home operation may
				  submit an application to the department at any time. Applicants will be subject
				  to the criteria established for licensees found in WAC
				  388-97-4220, except the
				  department may waive the requirement that it have at least sixty days to review
				  the application.
(4) The department
				  must not appoint or recommend the appointment of a person (including
				  partnership, corporation or other entity) to be a temporary manager or receiver
				  if that person:
(a) Is the licensee,
				  administrator, or partner, officer, director, managing employee, or owner of
				  five percent or more of the licensee of the nursing home subject to temporary
				  management or receivership;
(b) Is
				  affiliated with the nursing home subject to temporary management or
				  receivership; or
(c) Has owned or
				  operated a nursing home ordered into temporary management or receivership in
				  any state.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4680 - Temporary managers and receivers - Considerations before appointment

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department's authority to appoint a temporary manager or to recommend
				  appointment of a specific individual or entity to act as receiver is
				  discretionary in all cases.
(2) The
				  department, in appointing a temporary manager or recommending appointment of a
				  receiver, may consider one or more of the following factors:
(a) Potential temporary manager's or
				  receiver's willingness to serve as a temporary manager or receiver for the
				  nursing home in question;
(b)
				  Amount and quality of the potential temporary manager's or receiver's
				  experience in long-term care;
(c)
				  Quality of care, as determined by prior survey reports, provided under the
				  potential temporary manager's or the potential receiver's supervision,
				  management or operation;
(d)
				  Potential temporary manager's or receiver's prior performance as a temporary
				  manager or receiver;
(e) How soon
				  the potential temporary manager or receiver is available to act as a temporary
				  manager or receiver;
(f) Potential
				  temporary manager's or receiver's familiarity and past compliance with
				  Washington state and federal regulations applicable to nursing homes.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4700 - Duties and powers of temporary manager and receiver

Current through Register Vol. 24-14, July 15, 2024
(1) The temporary manager or receiver must
				  protect the health, security and welfare of the residents for the duration of
				  the temporary management or receivership. The temporary manager or receiver
				  must perform all acts reasonably necessary to ensure residents' needs are met.
				  Such acts may include, but are not limited to:
(a) For receivers, the powers in
				  RCW
				  18.51.490;
(b) Correcting cited deficiencies;
(c) Hiring, directing, and managing all
				  consultants and employees and discharging them for just cause, discharging the
				  administrator of the nursing home, recognizing collective bargaining agreement,
				  and settling labor disputes;
(d)
				  Receiving and expending in a prudent and business-like manner all current
				  revenues of the home provided priority will be given to debts and expenditures
				  directly related to providing care and meeting residents' needs;
(e) Making necessary purchases, repairs, and
				  replacements, provided such expenditures in excess of five thousand dollars are
				  approved by the department, or in the case of a receiver, approved by
				  court;
(f) Entering into contracts
				  necessary for the operation of the nursing home, provided that, the court must
				  approve contracts extending beyond the period of receivership;
(g) Preparing all department-required
				  reports;
(h) Overseeing facility
				  closure, when appropriate;
(i)
				  Planning required relocation with residents and residents' legal
				  representative, family, or significant others in conjunction with home and
				  community services division field staff;
(j) Meeting regularly with and informing
				  staff, residents, and residents' families or significant others of:
(i) Plans for correcting the cited
				  deficiencies;
(ii) Progress
				  achieved in correction of deficiencies;
(iii) Plans for facility closure and
				  relocation; and
(iv) Plans for
				  continued operation of the nursing home, including training of staff.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter IV - NURSING HOME LICENSURE PROGRAM ADMINISTRATION › Section 388-97-4720 - Termination of temporary management and receivership

Current through Register Vol. 24-14, July 15, 2024
(1) The department will terminate temporary
				  management:
(a) After three months unless
				  good cause is shown to continue the temporary management. Good cause for
				  continuing the temporary management exists when returning the nursing home to
				  its former licensee would subject residents to a threat to health, safety, or
				  welfare;
(b) When all residents are
				  transferred and the nursing home is closed;
(c) When deficiencies threatening residents'
				  health, safety, or welfare are eliminated and the former licensee agrees to
				  department-specified conditions regarding the continued facility operation;
				  or
(d) When a new licensee assumes
				  control of the nursing home.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3010 - Certified community residential services and supports

Current through Register Vol. 24-14, July 15, 2024
In order for a person or entity to deliver client
					 instruction and support services under this chapter the person or entity
					 must:
(1) Be certified by the
				  department; and
(2) Be granted a
				  contract by the department.
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-3010, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3020 - Compliance

Current through Register Vol. 24-14, July 15, 2024
The service provider must be in compliance with:
(1) All the requirements of this chapter and
				  chapter 388-101D WAC, except that the licensing requirements for adult family
				  homes and assisted living facilities supersede these chapters if the
				  requirements under respective chapters 388-76 and 388-78A WAC conflict with
				  these chapters;
(2) The laws
				  governing this chapter, including chapter 71A.12, 71A.22, and 71A.26
				  RCW;
(3) The requirements of chapter
				  74.34 RCW;
(4) The department's
				  residential services contract. Except that, the requirements of this chapter
				  supersede any conflicting requirements with the contract, or appendices to the
				  contract; and
(5) Other relevant
				  federal, state and local laws, requirements, and ordinances.
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-3020, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3030 - Application required

Current through Register Vol. 24-14, July 15, 2024
(1) A person or
				  entity must complete an application before the department will consider initial
				  certification; and
(2) The service
				  provider must complete an application before the department will consider a
				  request for change of ownership as detailed in WAC
				  388-101-3060.
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-3030, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3050 - Application for initial certification

Current through Register Vol. 24-14, July 15, 2024
(1) To apply for initial certification an
				  applicant must submit to the department:
(a)
				  A letter of intent that includes:
(i) Contact
				  information;
(ii) Geographical area
				  of service; and
(iii) Type of
				  service provided, including group home, supported living, community protection,
				  or group training home.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3060 - Change of ownership

Current through Register Vol. 24-14, July 15, 2024
(1) To apply for
				  a change of ownership, an applicant must submit an application and the required
				  reports and documents to the department when there is a change of:
(a) The business entity ownership;
				  or
(b) The form of legal
				  organization.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3070 - Notice for change of ownership

Current through Register Vol. 24-14, July 15, 2024
The current service provider must notify:
(1) The department in writing sixty days
				  before a change of ownership; and
(2) Clients or their legal representatives in
				  writing thirty days before a change of ownership.
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-3070, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3080 - The department may deny-Application

Current through Register Vol. 24-14, July 15, 2024
Under WAC
					 388-101-3090, the department is
					 required to deny an application for initial certification or change of
					 ownership under certain circumstances. The department may also deny an
					 application if any person named in the application has:
(1) Shown a lack of the understanding,
				  character, ability, or emotional stability that is necessary to meet the
				  identified needs of vulnerable adults;
(2) Had a contract terminated or a
				  certification or license revoked or denied by the department, or has been
				  subjected to department enforcement actions;
(3) Had an out-of-state contract or license
				  involving the provision of services to children or vulnerable adults
				  terminated, revoked or denied or has been the subject of an enforcement action
				  related to the out-of-state contract or license;
(4) Obtained or attempted to obtain a license
				  or certification by fraudulent means or misrepresentation;
(5) Relinquished or been denied a license or
				  license renewal to operate a home or facility that was licensed for the care of
				  children or vulnerable adults;
(6)
				  Refused to permit authorized department representatives to interview clients or
				  to have access to client records;
(7) Been convicted of a drug-related
				  conviction within the past five years without evidence of rehabilitation,
				  unless denial is required under WAC
				  388-101-3090; or
(8) Been convicted of an alcohol-related
				  conviction within the past five years without evidence of rehabilitation;
				  or
(9) Been convicted of any felony
				  that the department determines is reasonably related to the competency of the
				  person to be involved in the ownership or operation of the service
				  provider.
Statutory Authority:
						RCW
						71A.12.080. 10-03-065, § 388-101-3080,
						filed 1/15/10, effective 2/15/10. Statutory Authority: Chapter 71A.12 RCW.
						08-02-022, § 388-101-3080, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3090 - The department must deny-Application

Current through Register Vol. 24-14, July 15, 2024
(1) The department must deny an application
				  for initial certification or change of ownership if any person named in the
				  application has:
(a) A disqualifying criminal
				  conviction or pending criminal charge under chapter 388-113 WAC.
(b) Been convicted of a crime in any federal
				  or state court, and the department determines that the conviction is equivalent
				  to a disqualifying conviction under chapter 388-113 WAC.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3100 - Certification - Initial

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department may approve the individual or entity for initial certification when
				  the individual or entity complies with the requirements of this chapter. The
				  department may:
(a) Grant initial
				  certification for up to one hundred and eighty days of the effective date of
				  the residential services contract; and
(b) Extend initial certification for an
				  additional period up to one hundred and eighty days.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3110 - Certification - Regular

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department may approve the service provider for regular certification when the
				  service provider complies with the requirements of this chapter and the
				  residential services contract. The department may:
(a) Grant certification to a service provider
				  for up to two years; and
(b) Extend
				  regular certification for an additional period up to one hundred and eighty
				  days.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3120 - Certification fees

Current through Register Vol. 24-14, July 15, 2024
The certified community residential services and supports
					 provider must submit an annual certification fee. If the provider fails to pay
					 the annual certification fee, the department may impose remedies outlined in
					 WAC
					 388-101-4175.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3130 - Certification evaluation

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department may conduct an on-site certification evaluation of each service
				  provider at any time.
(2) During
				  certification evaluations the service provider's administrator or designee
				  must:
(a) Cooperate with department
				  representatives during the on-site visit;
(b) Provide all contractor records, client
				  records, and other relevant information requested by the department
				  representatives;
(c) Ensure the
				  service provider's administrator or designee is available during any visit to
				  respond to questions or issues identified by department representatives;
				  and
(d) Ensure the service
				  provider's administrator or designee is present at the exit
				  conference.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-31301 - Certification evaluation timelines

Current through Register Vol. 24-14, July 15, 2024
(1)
				  In response to the COVID-19 pandemic, the department filed an emergency rule
				  suspending the requirement for the department to conduct on-site certification
				  evaluations of each service provider at least once every two years as
				  authorized by
				  RCW
				  71A.12.080 and required by WAC
				  388-101-3130.
(2) During the suspension of the
				  certification evaluation requirements, the department continued to conduct
				  complaint investigations in CCRSS settings (group homes, group training homes,
				  and supported living client households) when it became aware of information
				  indicating an immediate threat to client health and safety.
(3) The department must prioritize and resume
				  certification evaluations of service providers affected by the suspension of
				  the certification evaluation requirements by applying the following criteria
				  collectively:
(a) The department has
				  identified an ongoing threat to the health and safety of clients through one or
				  more reported complaints, previous certification evaluations, or previous
				  investigations;
(b) Whether the
				  service provider has had an enforcement remedy imposed in the last 24 months;
				  and
(c) The length of time since
				  the service provider's last certification evaluation.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3140 - Complaint investigation

Current through Register Vol. 24-14, July 15, 2024
The department may conduct unannounced complaint
					 investigations to determine the service provider's compliance with this
					 chapter, the residential services contract, and applicable laws and
					 requirements.
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-3140, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3150 - State and federal access to program

Current through Register Vol. 24-14, July 15, 2024
The service provider must:
(1) Allow any state or federal department or
				  agency to conduct audits, evaluations, or complaint investigations related to
				  this program or to clients served in this program;
(2) Allow department representatives to
				  review a client's records and activities at any time to see if the service
				  provider continues to address the clients' needs for instruction and support
				  activities;
(3) Allow the
				  department representatives' access to clients, the client's legal
				  representative and family members;
(4) Cooperate with department representatives
				  in the performance of official duties; and
(5) Allow access to clients and client
				  records by an advocacy group if the advocacy group has access authority under
				  state or federal law.
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-3150, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3160 - Plan of correction

Current through Register Vol. 24-14, July 15, 2024
The service provider must:
(1) Submit a signed plan of correction to the
				  department according to established department processes and timelines;
				  and
(2) Include in the plan of
				  correction:
(a) What the service provider did
				  or will do to correct each deficiency;
(b) How the service provider will prevent
				  future problems of this type;
(c)
				  Who will be responsible for monitoring the corrections to ensure the problems
				  do not recur; and
(d) When lasting
				  correction will be achieved.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3165 - Access to certification evaluation report and plan of correction

Current through Register Vol. 24-14, July 15, 2024
The service provider must make the certification evaluation
					 report and related plan of correction available to anyone upon
					 request.
Statutory Authority:
						RCW
						71A.12.080. 10-03-065, § 388-101-3165,
						filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3170 - Group training home

Current through Register Vol. 24-14, July 15, 2024
After the effective date of this chapter a person or
					 entity desiring to become a group training home must:
(1) Complete an application on forms and
				  attachments designated by the department; and
(2) Currently be:
(a) Certified as a community residential
				  services and support provider; and
(b) A nonprofit business in accordance with
				  state and federal law.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › CERTIFICATION AND MONITORING › Section 388-101-3180 - Department approval of group training home status

Current through Register Vol. 24-14, July 15, 2024
The department will consider, at a minimum, the following
					 when determining whether to approve or deny an application for group training
					 home status:
(1) The needs of the
				  program;
(2) Available
				  funding;
(3) The information
				  received from the applicant;
(4)
				  The certification history of the applicant;
(5) The licensing history of the applicant;
				  and
(6) The capacity of the
				  home.
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-3180, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ADMINISTRATIVE REQUIREMENTS › Section 388-101-3230 - Group homes

Current through Register Vol. 24-14, July 15, 2024
A service provider who is a licensed adult family home or
					 assisted living facility must:
(1)
				  Provide care and services in accordance with this chapter and with licensing
				  requirements under chapters 388-76 and 388-78A WAC respectively;
(2) Comply with client rights requirements in
				  chapter 70.129 RCW and this chapter;
(3) Comply with the home's licensing
				  requirements if there is a conflict with requirements in this chapter;
				  and
(4) Comply with this chapter if
				  the requirement is over and above the home's licensing requirements.
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-3230, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › INCIDENT REPORTING › Section 388-101-4150 - Mandated reporting to the department

Current through Register Vol. 24-14, July 15, 2024
Service providers, administrators, owners, and
					 staff:
(1) Are mandated reporters and
				  must meet the requirements of
				  chapter
				  74.34 RCW;
(2) Must make mandated reports to the
				  department's centralized toll free complaint telephone number or fax number
				  immediately when:
(a) There is reasonable
				  cause to believe that a vulnerable adult, as defined in
				  chapter
				  74.34 RCW, has been
				  abandoned, abused, neglected, or financially exploited; or
(b) There is a reason to suspect physical or
				  sexual assault.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › INCIDENT REPORTING › Section 388-101-4160 - Mandated reporting to law enforcement

Current through Register Vol. 24-14, July 15, 2024
Service providers, administrators, owners, and staff must
					 immediately report to the appropriate law enforcement agency if there is reason
					 to suspect that any of the following has occurred:
(1) Sexual assault: Any alleged or suspected
				  sexual assault;
(2) Physical
				  assault (nonclient to client): Any suspected physical assault as well as any
				  act that causes fear of imminent harm; and
(3) Physical assault (client to client): Any
				  suspected physical assault that causes bodily injury requiring more than first
				  aid, or in the event of:
(a) Injuries that
				  appear on the back, face, head, neck, chest, breasts, groin, inner thigh,
				  buttock, genital, or anal area;
(b)
				  Fractures;
(c) Choking
				  attempts;
(d) Patterns of physical
				  assault between the same vulnerable adults or involving the same vulnerable
				  adults;
(e) A reasonable cause to
				  believe that an act has caused fear of imminent harm; and
(f) Any incident, regardless of injury, if
				  requested by the client, his/her legal representative, or family
				  member.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › INCIDENT REPORTING › Section 388-101-4170 - Mandated reporting policies and procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The service provider must develop, train
				  on and implement written policies and procedures for:
(a) Immediately reporting mandated reporting
				  incidents to:
(i) The department and law
				  enforcement;
(ii) Appropriate
				  persons within the service provider's agency as designated by the service
				  provider; and
(iii) The alleged
				  victim's legal representative.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › INCIDENT REPORTING › Section 388-101-4175 - Remedies-General

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  may take one or more of the following actions in any case which the department
				  finds that a service provider is noncompliant with the requirements of this
				  chapter, the department's residential services contract, the requirements of
				  chapter
				  74.34 RCW or other
				  relevant federal, state and local laws, requirements or ordinances:
(a) Require a service provider to implement a
				  plan of correction approved by the department and to cooperate with subsequent
				  monitoring of the service provider's progress;
(b) Impose reasonable conditions on a service
				  provider's certification such as correction within a time specified in the
				  statement of deficiency, training, and limits on the type of client the service
				  provider may serve;
(c) Impose
				  civil penalties;
(d) Suspend the
				  service provider from accepting clients with specified needs by imposing a
				  limited suspension of department referrals (stop placement);
(e) Suspend department referrals (stop
				  placement);
(f) Refuse to certify a
				  prospective service provider;
(g)
				  Decertify or refuse to renew the certification of the service
				  provider.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › INCIDENT REPORTING › Section 388-101-4180 - Remedies-Consideration for imposing remedies

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The department may select enforcement actions proportional to the seriousness
				  of harm or threat of harm to clients served by service providers.
(2) The department may select a more severe
				  enforcement action for violations that are:
(a) Uncorrected;
(b) Repeated;
(c) Pervasive; or
(d) Present a serious threat to the health,
				  safety, or welfare of clients served by the service provider.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › INCIDENT REPORTING › Section 388-101-4185 - Remedies-Circumstances resulting in enforcement remedies

Current through Register Vol. 24-14, July 15, 2024
The department may impose the enforcement remedies
					 described in this chapter when the service provider:
(1) Failed or refused to comply with the
				  health and safety related requirements of this chapter,
				  chapter
				  74.34 RCW or the rules
				  adopted under these chapters;
(2)
				  Failed or refused to cooperate with the certification process;
(3) Prevented or interfered with a
				  certification, inspection, or complaint investigation by the
				  department;
(4) Failed to comply
				  with any applicable requirements regarding vulnerable adults under
				  chapter
				  74.34 RCW;
(5) Knowingly, or with reason to know, made a
				  false statement of material fact related to certification or contracting with
				  the department, or in any matter under investigation by the
				  department;
(6) Failed to submit a
				  plan of correction for approval by the department;
(7) Failed to implement the plan or plans of
				  correction or failed to make a correction imposed under WAC; or
(8) Failed to cooperate with subsequent
				  monitoring.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › REMEDIES › Section 388-101-4190 - Remedies-Specific provisional certification

Current through Register Vol. 24-14, July 15, 2024
(1) The department may impose a provisional
				  certification, not to exceed one hundred eighty days, if any service provider
				  does not comply with requirements of this chapter, other applicable laws and
				  rules, or the residential services contract.
(2) At the end of provisional certification
				  the department may:
(a) Approve the service
				  provider for regular certification if the service provider has complied with
				  certification requirements; or
(b)
				  Decertify the service provider and terminate the residential services contract
				  if the service provider has not complied with all certification
				  requirements.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › REMEDIES › Section 388-101-4200 - Remedies-Specific-Decertification

Current through Register Vol. 24-14, July 15, 2024
The department may decertify a service provider at any
					 time for noncompliance with the requirements of this chapter, the department's
					 residential services contract, the requirements of
					 chapter
					 74.34 RCW, or other
					 relevant federal, state and local laws, requirements or
					 ordinances.
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-4200, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › REMEDIES › Section 388-101-4205 - Remedies-Specific-Suspend department referrals (stop placement)

Current through Register Vol. 24-14, July 15, 2024
(1) The department may suspend referrals to
				  the service provider for noncompliance with the requirements of this chapter,
				  the department's residential services contract, the requirements of
				  chapter
				  74.34 RCW, or other
				  relevant federal, state, and local laws.
(2) Once the department suspends referrals,
				  the service provider may not admit new referrals until the department lifts its
				  suspension.
(3) The department may
				  lift its suspension if it finds the following:
(a) The service provider has corrected the
				  deficiencies that necessitated the suspension of the department referrals;
				  and
(b) The service provider has
				  shown the capacity to maintain the corrective action addressed by the
				  suspension of department referrals.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › REMEDIES › Section 388-101-4210 - Community protection program-Circumstances resulting in enforcement remedies (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-4210, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › REMEDIES › Section 388-101-4215 - Remedies-Specific-Limited suspension of department referrals (stop placement) for clients with specified needs

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  may order a limited suspension of department referrals and prohibit the
				  accepting of clients with specified needs if the service provider is
				  noncompliant with the requirements of this chapter, the department's
				  residential services contract,
				  chapter
				  74.34 RCW, or other
				  relevant federal, state, and local laws.
(2) Once the department orders a limited
				  suspension, the service provider may not accept any clients with specified
				  needs, or at a specific site, until the department lifts its limited
				  suspension.
(3) The department may
				  lift the limited suspension of department referrals if it finds the following:
(a) The service provider has corrected the
				  deficiencies that necessitated the limited suspension of department referrals;
				  and
(b) The service provider has
				  shown the capacity to maintain the corrective action addressed by the limited
				  suspension of department referrals.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › REMEDIES › Section 388-101-4220 - Community protection program-Authorized enforcement remedies (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-4220, filed 12/21/07, effective
						2/1/08.