reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0543 - When may the department reject your choice of an individual provider?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0543, filed 12/20/12, effective
						1/20/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0544 - When may the department, AAA, or department designee deny payment to a home care agency for the services of a long-term care worker that it employs? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0544, filed 12/20/12, effective
						1/20/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0546 - When may the department, AAA, or department designee reject your choice of an individual provider? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0546, filed 12/20/12, effective 1/20/13. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						74.39A.010 and
						74.39A.020. 06-05-022, §
						388-71-0546, filed 2/6/06, effective 3/9/06. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830, 74.39.095. 01-11-019,
						§ 388-71-0546, filed 5/4/01, effective
						6/4/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0548 - When is an individual provider subject to an overpayment?

Current through Register Vol. 24-14, July 15, 2024
(1) Unless payment
				  is otherwise required by state or federal law, it is an overpayment as defined
				  in
				  RCW
				  43.20B.010 and
				  41.05A.170
				  if an individual provider (IP) is paid by the department and:
(a) Did not actually perform the
				  work;
(b) Payment is for dates of
				  service after the death of the client;
(c) Payment is for services provided when the
				  client was admitted to a hospital, nursing home, or other institutional
				  setting;
(d) Payment is for dates
				  of service when the client was outside of the United States;
(e) Did not have a valid IP services contract
				  at the time the services were provided and had been notified by the department
				  to stop the provision of services;
(f) Had not completed required training or
				  obtained required certification at the time the services were provided and had
				  been notified by the department to stop the provision of services;
(g) Had a disqualifying crime or negative
				  action at the time the services were provided and had been notified by the
				  department to stop the provision of services;
(h) Provided services after being notified by
				  the department to stop the provision of services;
(i) Provided services that are not included
				  in the client's plan of care;
(j)
				  Provided services that exceeded the amount of the client's benefit in the
				  client's plan of care where those services were not necessitated by an emergent
				  and immediate need of the client and the IP is not a family member or household
				  member of the client; or
(k)
				  Received erroneous or duplicate payment(s).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0551 - When may the department, AAA, or department designee terminate an individual provider's contract? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0551, filed 12/20/12, effective 1/20/13. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						74.39A.010 and
						74.39A.020. 06-05-022, §
						388-71-0551, filed 2/6/06, effective 3/9/06. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830, 74.39.095. 01-11-019,
						§ 388-71-0551, filed 5/4/01, effective
						6/4/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0553 - When may the department summarily suspend an individual provider's contract? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0553, filed 12/20/12, effective
						1/20/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0556 - When can the department, AAA, or managed care entity otherwise terminate an individual provider's contract? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						74.39A.010 and
						74.39A.020. 06-05-022, §
						388-71-0556, filed 2/6/06, effective 3/9/06. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830, 74.39.095. 01-11-019,
						§ 388-71-0556, filed 5/4/01, effective
						6/4/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0560 - What are the client's rights if the department denies, terminates, or summarily suspends an individual provider's contract? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0560, filed 12/20/12, effective 1/20/13. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830, 74.39.095. 01-11-019,
						§ 388-71-0560, filed 5/4/01, effective 6/4/01. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830. 00-03-043, §
						388-71-0560, filed 1/13/00, effective
						2/13/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0561 - When does an individual provider have the right to an administrative hearing and how can a hearing be requested?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-0561, filed 12/20/12, effective
						1/20/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-0562 - When does a medicaid contracted home care agency have the right to an administrative hearing and how can a hearing be requested?

Current through Register Vol. 24-14, July 15, 2024
(1) A medicaid contracted home care agency
				  has the right to an administrative hearing when the department or a department
				  designee terminates its contract or takes other enforcement action related to
				  its contract because the home care agency:
(a)
				  Knowingly employs a long-term care worker who has not completed training within
				  the required timeframe.
(b)
				  Knowingly employs a long-term care worker who does not meet the certification
				  or recertification requirements or whose certification has been revoked by the
				  department of health.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › INDIVIDUAL PROVIDER AND HOME CARE AGENCY PROVIDER QUALIFICATIONS › Section 388-71-05640 - Self-directed care - Who must direct self-directed care?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: RCW 74.39A.050, 2003 c 140, chapters
						18.79, 18.88A RCW. 04-02-001, recodified as § 388-71-05640, filed
						12/24/03, effective 1/24/04. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830, 74.39.095. 01-11-019,
						§ 388-71-0580, filed 5/4/01, effective 6/4/01. Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						43.20A.050,
						43.43.842,
						74.39A.090,
						43.20A.710,
						74.39.050,
						43.43.830. 00-03-043, §
						388-71-0580, filed 1/13/00, effective
						2/13/00.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › SAFETY TRAINING (REPEALED) › Section 388-71-05833 - What content must be included in safety training? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						43.20A.710,
						74.08.090, and
						chapter
						43.43 RCW. WSR 11-23-013,
						§ 388-71-05833, filed 11/7/11, effective
						12/8/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › SAFETY TRAINING (REPEALED) › Section 388-71-05834 - When does a safety training attestation process need to be completed? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						43.20A.710,
						74.08.090, and
						chapter
						43.43 RCW. WSR 11-23-013,
						§ 388-71-05834, filed 11/7/11, effective
						12/8/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › REFERRAL REGISTRY › Section 388-71-06020 - What is the purpose of WAC 388-71-06020 through 388-71-06165?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520, and 2010 c 37.
						11-13-009, § 388-71-06020, filed 6/3/11, effective
						7/4/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › REFERRAL REGISTRY › Section 388-71-06040 - What definitions apply to WAC 388-71-06020 through 388-71-06165?

Current through Register Vol. 24-14, July 15, 2024
Reviser's note:
RCW
						34.05.395 requires the use of underlining and
						deletion marks to indicate amendments to existing rules. The rule published
						above varies from its predecessor in certain respects not indicated by the use
						of these markings.
The spelling error in the above section occurred in the
						copy filed by the agency and appears in the Register pursuant to the
						requirements of
						RCW
						34.08.040.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520, and 2010 c 37.
						11-13-009, § 388-71-06040, filed 6/3/11, effective 7/4/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › REFERRAL REGISTRY › Section 388-71-06060 - What is the purpose of the referral registry?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.08.090,
						74.09.520, and 2010 c 37.
						11-13-009, § 388-71-06060, filed 6/3/11, effective
						7/4/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › REFERRAL REGISTRY › Section 388-71-06080 - Who is eligible to request a referral from the referral registry?

Current through Register Vol. 24-14, July 15, 2024
Reviser's note:
The typographical error in
						the above section occurred in the copy filed by the agency and appears in the
						Register pursuant to the requirements of
						RCW
						34.08.040.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520, and 2010 c 37.
						11-13-009, § 388-71-06080, filed 6/3/11, effective 7/4/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › REFERRAL REGISTRY › Section 388-71-06160 - Does an individual provider or prospective individual provider have any ongoing responsibilities in order to continue to be listed on the referral registry? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › REFERRAL REGISTRY › Section 388-71-06240 - By what procedures will the department deny an individual provider or prospective individual provider's application to be placed on the referral registry? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › REFERRAL REGISTRY › Section 388-71-06400 - Does a consumer/employer who is eligible to have his or her individual provider paid through medicaid or state-only funds from DSHS need to gain approval from his/her case manager, social worker or nurse? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › REFERRAL REGISTRY › Section 388-71-06420 - How can a consumer/employer use the referral registry to get an individual provider in an emergency or as a critical personal care back-up? (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0701 - What definitions apply to WAC 388-71-0702 through 388-71-0776?

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to WAC
					 388-71-0702 through
					 388-71-0776:
(1) "
Abuse
" means the willful
				  action or inaction that inflicts injury, unreasonable confinement,
				  intimidation, or punishment of a vulnerable adult.
(a) In instances of abuse of a vulnerable
				  adult who is unable to express or demonstrate physical harm, pain, or mental
				  anguish, the abuse is presumed to cause physical harm, pain, or mental
				  anguish.
(b) Abuse includes sexual
				  abuse, mental abuse, physical abuse, personal exploitation of a vulnerable
				  adult, and improper use of a restraint against a vulnerable adult, which have
				  the following meanings:
(i) "
Sexual
				  abuse
" means any form of nonconsensual sexual conduct, including but not
				  limited to unwanted or inappropriate touching, rape, sodomy, sexual coercion,
				  sexually explicit photographing, and sexual harassment. Sexual contact may
				  include interactions that do not involve touching, including but not limited to
				  sending a client sexually explicit messages, or cuing or encouraging a client
				  to perform sexual acts. Sexual abuse also includes any sexual conduct between a
				  staff person, who is not also a client, with a client, of a center.
(ii) "
Physical abuse
" means the
				  willful action of inflicting bodily injury or physical mistreatment. Physical
				  abuse includes, but is not limited to, striking with or without an object,
				  slapping, pinching, choking, kicking, shoving, prodding, or use of chemical or
				  physical restraints unless the restraints are consistent with licensing
				  requirements, and includes restraints that are otherwise being used
				  inappropriately.
(iii)
				  "
Mental abuse
" means a willful verbal or nonverbal action that
				  threatens, humiliates, harasses, coerces, intimidates, isolates, unreasonably
				  confines, or punishes a vulnerable adult. Mental abuse may include ridiculing,
				  yelling or swearing.
(iv)
				  "
Personal exploitation
" means an act of forcing, compelling, or
				  exerting undue influence over a vulnerable adult causing the vulnerable adult
				  to act in a way that is inconsistent with relevant past behavior, or causing
				  the vulnerable adult to perform services for the benefit of another.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0702 - What is the purpose of adult day services?

Current through Register Vol. 24-14, July 15, 2024
(1) WAC 388-71-0702 through
				  388-71-0776
				  contains the eligibility requirements for community options program entry
				  system (COPES) waiver, roads to community living (RCL), residential support
				  waiver (RSW), or other agency approved funding for adult day care and adult day
				  health services.
(2) These rules
				  also contain the requirements that apply to adult day care and adult day health
				  centers that contract with the department, area agency on aging, other
				  department designee to provide COPES, RSW, and RCL services to department
				  clients, and adult day centers who are owned and operate on a private pay
				  basis. Nothing in these rules may be construed as requiring the department, an
				  area agency on aging, or other designee to contract with an adult day care or
				  adult day health center.
(3) An
				  adult day center is a community-based program designed to meet the needs of
				  adults with impairments through individualized goal specific plans of care.
				  This type of structured, comprehensive, nonresidential program provides a
				  variety of health, social, and related support services in a protective
				  setting. Adult day centers support families and caregivers with the following
				  goals:
(a) Provide an opportunity for the
				  client to live in his or her community;
(b) Provide the client with clinical and
				  nonclinical services to meet unmet needs;
(c) Assist the client to maintain maximum
				  independence in his or her activities of daily living (ADL); and
(d) Measure the client's progress through
				  individualized interventions, as outlined in his or her negotiated care
				  plan.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0704 - What services are provided in adult day care?

Current through Register Vol. 24-14, July 15, 2024
Adult day care is a supervised nonresidential program
					 providing services as defined in WAC
					 388-106-0800.
					 Services are appropriate for adults with medical or disabling conditions that
					 do not require the intervention or services of a registered nurse or licensed
					 rehabilitative therapist acting under the supervision of the client's
					 authorizing practitioner. The adult day care center must offer and provide
					 on-site the following services. These services must meet the level of care
					 needed by the client as assessed by the department case manager for waiver
					 funded clients and do not exceed the scope of services that the adult day care
					 center is able to provide.
(1)
				  Assistance with activities of daily living:
(a) Locomotion outside of room, locomotion in
				  room, walks in room;
(b) Body
				  care;
(c) Eating;
(d) Repositioning;
(e) Medication management that does not
				  require a licensed nurse;
(f)
				  Transfer;
(g) Toileting;
(h) Personal hygiene at a level that ensures
				  client safety while in attendance at the program; and
(i) Bathing at a level that ensures client
				  safety and comfort while in attendance at the program.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0706 - What services are provided in adult day health?

Current through Register Vol. 24-14, July 15, 2024
Adult day health is a supervised non-residential program
					 providing skilled nursing and/or rehabilitative therapy services in addition to
					 all services provided in an adult day care center. Adult day health services
					 are only appropriate for adults with medical or disabling conditions that
					 require the skilled intervention or services of a registered nurse or licensed
					 rehabilitative therapist acting under the supervision of the client's
					 authorizing practitioner.
The adult day health center must offer and provide on-site
					 the following services:
(1) All
				  services under WAC
				  388-71-0704; and
(2) Skilled nursing services other than
				  routine health monitoring with nurse consultation; or
(3) At least one of the following skilled
				  therapy services: physical therapy, occupational therapy, or speech-language
				  pathology or audiology, as defined under
				  chapters
				  18.74,
				  18.59 and
				  18.35 RCW; and
(4) Psychological or counseling services,
				  including assessing for psycho-social therapy need, dementia, abuse or neglect,
				  and alcohol or drug abuse; making appropriate referrals; and providing brief,
				  intermittent supportive counseling. These services are provided by social
				  services professionals.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520,
						74.39A.010 and
						74.39A.020. 06-05-022, §
						388-71-0706, filed 2/6/06, effective 3/9/06. Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-71-0706, filed 5/17/05, effective 6/17/05. Statutory Authority:
						RCW
						74.04.050,
						74.04.057,
						74.04.200,
						74.08.090,
						74.09.520, and
						74.39A.030. 03-06-024, §
						388-71-0706, filed 2/24/03, effective
						7/1/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0708 - What are the eligibility criteria for enrollment in adult day care?

Current through Register Vol. 24-14, July 15, 2024
Clients are eligible for adult day care services if they
					 meet criteria outlined in WAC
					 388-106-0805.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-71-0708, filed 5/17/05, effective 6/17/05. Statutory Authority: 2004 c 276
						§ 206(6)(b) and Townsend vs. DSHS, U.S. District Court, Western District
						of Washington, No. C 00-0944Z. 04-16-029, § 388-71-0708, filed 7/26/04,
						effective 8/26/04. Statutory Authority:
						RCW
						74.04.050,
						74.04.057,
						74.04.200,
						74.08.090,
						74.09.520, and
						74.39A.030. 03-06-024, §
						388-71-0708, filed 2/24/03, effective
						7/1/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0710 - What are the eligibility criteria for enrollment in adult day health?

Current through Register Vol. 24-14, July 15, 2024
Clients are eligible for adult day health services if they
					 meet the criteria outlined in WAC
					 388-106-0815
					 which references WAC
					 388-106-0300,
					 388-106-0305,
					 388-106-0336(9),
					 and
					 388-106-0337.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-71-0710, filed 5/17/05, effective 6/17/05. Statutory Authority:
						RCW
						74.04.050,
						74.04.057,
						74.04.200,
						74.08.090,
						74.09.520, and
						74.39A.030. 03-06-024, §
						388-71-0710, filed 2/24/03, effective
						7/1/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0712 - What is considered skilled nursing in adult day health?

Current through Register Vol. 24-14, July 15, 2024
(1) Skilled nursing
				  services are medically necessary services provided directly or indirectly by a
				  registered nurse under an authorizing practitioner's supervision, or by a
				  licensed practical nurse under physician or registered nurse supervision, that
				  a licensed nurse acting within the scope of practice can provide or supervise.
				  Authorizing practitioner orders must be obtained when required by applicable
				  state practice laws for licensed nurses. Authorizing practitioner orders must
				  be obtained upon initial service, updated when a significant change occurs
				  changing the nursing intervention or at least annually.
(2) Skilled nursing services must exceed the
				  level of routine health monitoring, general health education, and general
				  therapeutic activities as defined in WAC
				  388-71-0704, and must be provided
				  with the reasonable expectation that the services will improve, restore,
				  maintain function or slow the client's decline of the disease or functional
				  ability. Skilled nursing services are:
(a)
				  Specific to a client's diagnosis;
(b) Individualized to the client with planned
				  measurable outcome goals; and
(c)
				  Re-evaluated every ninety days or sooner when there is a significant health
				  change for effect on improvement or maintenance of health status, or slowing
				  the decline of the disease or functional ability.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0714 - What is considered rehabilitative therapy in adult day health?

Current through Register Vol. 24-14, July 15, 2024
(1) Skilled
				  rehabilitative therapy services are medically necessary services provided by or
				  under the supervision of a licensed physical, occupational, or speech-language
				  pathology or audiology therapist that the therapist acting within the scope of
				  practice can provide or supervise directly or indirectly. Authorizing
				  practitioner orders must be initially obtained and updated when a significant
				  change occurs or at least annually when required by applicable state practice
				  laws for licensed therapists.
(a) Persons
				  that can provide rehabilitative care under the direction and supervision of a
				  licensed therapist include occupational therapy aides, occupational therapy
				  assistants, physical therapy aides, physical therapy assistants, and nurses
				  within their respective scopes of practice. Adult day health program aides,
				  specifically trained in rehabilitative techniques, may also provide care under
				  the direction and supervision of a licensed therapist.
(b) Services, group or individual, must be
				  related to an active written plan of care with time specific measurable
				  treatment goals approved by the authorizing practitioner;
(c) Services, group or individual, must
				  require the assessment, knowledge and skills of a licensed therapist;
				  and
(d) Services, group or
				  individual, must be provided with the reasonable expectation that the services
				  will improve, restore, maintain function, or slow decline. Rehabilitative
				  services are:
(i) Specific to a client
				  diagnosis;
(ii) Individualized to
				  the client with planned, measurable outcomes; and
(iii) Reevaluated every ninety days for
				  effect on improvement of health status or slowing the decline.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0716 - What kind of assessment and service plan is required to determine a client's unmet needs for adult day care?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The department or an authorized case manager must perform a comprehensive
				  assessment reporting evaluation (CARE) to determine a client's need for adult
				  day care, per WAC
				  388-106-0065. Based on the
				  assessment, the case manager determines whether the client should be referred
				  for day care services or whether the client's needs can be met in other
				  ways.
(2) If the case manager
				  determines an unmet need for an ADC service that may be provided at a day care
				  center, the case manager works with the client and/or the client's
				  representative to develop a service plan that documents the needed services and
				  the number of days per week that the services are to be provided. The case
				  manager refers the client to a waiver-contracted day care center that the
				  client and the case manager agree can potentially meet the client's
				  needs.
(3) Clients receiving adult
				  day care services must be reassessed at least annually.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 05-11-082, §
						388-71-0716, filed 5/17/05, effective 6/17/05. Statutory Authority:
						RCW
						74.04.050,
						74.04.057,
						74.04.200,
						74.08.090,
						74.09.520, and
						74.39A.030. 03-06-024, §
						388-71-0716, filed 2/24/03, effective
						7/1/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0723 - What is the adult day center's responsibility in the use of medical devices, restraints, and prevention of abuse?

Current through Register Vol. 24-14, July 15, 2024
(1)
Medical devices
. When the
				  adult day center staff use a medical device, it must not be used as a physical
				  restraint for discipline or staff convenience.
(2)
Physical restraints
. When
				  the adult day center staff provide services for a client, which may include but
				  are not limited to transportation, outings, and services at the facility, the
				  adult day center must ensure the client has a right to be free from physical
				  restraints used for discipline or staff convenience.
(3)
Chemical restraints
. When
				  the adult day center staff provide services for a client, which may include but
				  are not limited to transportation, outings, and services at the facility, the
				  adult day center must ensure the client is free from chemical restraints used
				  for discipline or staff convenience.
(4)
Involuntary seclusion
. When
				  the adult day center staff provides services for a client, which may include
				  but are not limited to transportation, outings, and services at the facility,
				  the adult day center must ensure the client's right to be free from involuntary
				  seclusion or isolation used for discipline or staff convenience.
(5)
Prevention of abuse
. When
				  the adult day center staff provides services for a client, which may include
				  but are not limited to transportation, outings, and services at the facility,
				  the adult day center must:
(a) Ensure the
				  client's right to be free from abandonment, verbal, sexual, physical, and
				  mental abuse, personal exploitation, financial exploitation, neglect, coercion,
				  and involuntary seclusion;
(b)
				  Protect the client who is an alleged victim of abandonment, verbal, sexual,
				  physical, and mental abuse, personal exploitation, financial exploitation,
				  neglect, and involuntary seclusion; and
(c) Meet the requirements of chapter 74.34
				  RCW regarding mandatory reporting.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0726 - Adult day health transportation (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.04.050,
						74.04.057,
						74.04.200,
						74.08.090,
						74.09.520, and
						74.39A.030. 03-06-024, §
						388-71-0726, filed 2/24/03, effective
						7/1/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0728 - Can a client receive both adult day care and adult day health?

Current through Register Vol. 24-14, July 15, 2024
(1) A COPES, RSW,
				  or RCL eligible client may receive adult day care services on some days and
				  adult day health services on different days if the service plan documents which
				  level of service are to be provided on which days. However, ADC services must
				  be provided on all days that adult day health skilled services are provided,
				  and reimbursement is limited to the day health rate on days that day health
				  services are provided.
(2) Clients
				  receiving services from the department in an adult family home, assisted
				  living, or other licensed community residential facility may not receive COPES,
				  RSW, or RCL funded adult day care, but may receive COPES funded adult day
				  health services when the skilled nursing or rehabilitative services are
				  approved by the client's case manager as part of the client's service
				  plan.
(3) A licensed assisted
				  living facility providing department-approved day care under chapter 388-78A
				  WAC is subject to any applicable provisions of that chapter and is also subject
				  to the rules under this chapter if the facility contracts with an area agency
				  on aging or the department to provide COPES waiver or RCL funded adult day
				  services.
Statutory Authority:
						RCW
						74.04.050,
						74.04.057,
						74.04.200,
						74.08.090,
						74.09.520, and
						74.39A.030. 03-06-024, §
						388-71-0728, filed 2/24/03, effective
						7/1/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0730 - What other funds are available through the area agency on aging?

Current through Register Vol. 24-14, July 15, 2024
(1) Except as
				  provided under this section, the adult day services rules under this chapter do
				  not apply to adult day care or day health services funded under chapters 74.38
				  and 74.41 RCW.
(2) An area agency
				  on aging that elects to provide adult day services using Senior Citizens
				  Services Act funding under chapter 74.38 RCW or respite care funding under
				  chapter 74.41 RCW must contract with an adult day center that meets all
				  administrative and facility requirements under WAC
				  388-71-0736 through
				  388-71-0774.
(3) The adult day care or day health services
				  funded under chapters 74.38 or 74.41 RCW must be the same as the day care
				  services required under WAC
				  388-71-0704 or the day health
				  services required under WAC
				  388-71-0706. The area agency on
				  aging may require additional services by contract.
(4) The area agency on aging may, by
				  contract, establish eligibility and assessment requirements for day care or day
				  health services in accordance with locally identified needs. However, funding
				  provided under chapters 74.38 or 74.41 RCW may only be used to meet the needs
				  of individuals who are not eligible for adult day care under WAC
				  388-71-0708 or for adult day
				  health under WAC
				  388-71-0710, or who are eligible
				  for those services and are not receiving them because of funding
				  limitations.
(5) Nothing in this
				  section or chapter may be construed as requiring an area agency on aging to
				  contract with an adult day center, whether or not the center has a COPES and
				  RCL contract. Nor may anything in this section or chapter be construed as
				  creating an entitlement to state-funded adult day services authorized under
				  chapters 74.38 and 74.41 RCW.
Statutory Authority:
						RCW
						74.04.050,
						74.04.057,
						74.04.200,
						74.08.090,
						74.09.520, and
						74.39A.030. 03-06-024, §
						388-71-0730, filed 2/24/03, effective
						7/1/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0732 - What are the client's hearing rights?

Current through Register Vol. 24-14, July 15, 2024
(1) If the department or area agency on aging
				  denies, terminates, or reduces a COPES, RSW, or RCL individual client's adult
				  day care or day health services, the client has the right to an administrative
				  hearing as provided under chapter 388-02 WAC. If a client funded with Senior
				  Citizen Services Act or respite care has a complaint, grievance or dispute, the
				  resolution process is a hearing as outlined in the department's area agency on
				  aging policy and procedure manual chapter 6. The area agency on aging would
				  work with the client through this process.
(2) An adult day care or day health center
				  has those hearing or dispute resolution rights that are afforded under
				  RCW
				  43.20B.675 and the center's contract with the
				  area agency on aging or the department. An adult day health center has any
				  other applicable hearing or dispute resolution rights under WAC
				  182-502-0220.
(3) Adult day health centers are subject to
				  all applicable provisions of chapter 182-502 WAC, and the department's aging
				  and long term support administration may exercise the department's authority
				  under that chapter to the same extent as the health care authority.
Statutory Authority:
						RCW
						74.04.050,
						74.04.057,
						74.04.200,
						74.08.090,
						74.09.520, and
						74.39A.030. 03-06-024, §
						388-71-0732, filed 2/24/03, effective
						7/1/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0734 - Would the department limit expenditures in the adult day service program?

Current through Register Vol. 24-14, July 15, 2024
(1) In order to
				  provide adult day services within the limits of available funding, the
				  department may limit services when program expenditures exceed the budget
				  appropriation or when limiting services is required to prevent expenditures
				  from exceeding the appropriation.
(2) When adult day health program
				  expenditures exceed available funding, the department may limit adult day
				  health services based on the four care level system as determined through the
				  established department assessment and described in chapter 388-105 WAC.
(a) Using the care level determined by the
				  department assessment tool, the department will limit adult day services on a
				  statewide basis to clients whose total scores exceed the assessed need level
				  identified by the department as necessary to provide adult day health services
				  to the extent of available funding.
(b) At least thirty days before implementing
				  the limitation on services under this subsection, the department will notify
				  the area agencies on aging, adult day health centers, and the affected adult
				  day health clients that services are being limited and for what period of time
				  the limitation is estimated to remain in effect.
(c) For purposes of
				  RCW
				  74.08.080, the reduction in services shall be
				  deemed an assistance adjustment for an entire class of recipients that is
				  required by state laws prohibiting the department from expending funds in
				  excess of appropriations.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0740 - What are the center's fiscal operational responsibilities?

Current through Register Vol. 24-14, July 15, 2024
(1) Adult day
				  centers must demonstrate fiscal responsibility. Fiscal policies, procedures,
				  reports, statements and records must be developed in accordance with generally
				  accepted accounting principles (GAAP) and enable the administrator to meet the
				  fiscal reporting needs of the governing body.
(2) Adult day centers must develop a yearly
				  plan to address the future financial needs of the center. The plan must include
				  projected program growth, capital purchases, projected revenue, projected
				  expenses, and plans for fund raising, if applicable.
(3) Adult day centers must create a total
				  center operating budget, including all expenditures, revenue sources and
				  participant fees generated annually.
(4) An annual financial statement or the
				  latest audit report of the organization by a certified public accountant
				  performed at least every two years must be available.
(5) A statement of charges for services (fee
				  schedule), including private pay rates and/or ancillary charges for additional
				  services outside the scope of these rules, must be available.
Statutory Authority:
						RCW
						74.04.050,
						74.04.057,
						74.04.200,
						74.08.090,
						74.09.520, and
						74.39A.030. 03-06-024, §
						388-71-0740, filed 2/24/03, effective
						7/1/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0742 - Adult day centers-Client policies and procedures (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						74.04.050,
						74.04.057,
						74.04.200,
						74.08.090,
						74.09.520, and
						74.39A.030. 03-06-024, §
						388-71-0742, filed 2/24/03, effective
						7/1/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0744 - What are the center's requirements for client records?

Current through Register Vol. 24-14, July 15, 2024
(1) The adult day center must follow their
				  policies and procedures to ensure that the client's record/chart is
				  appropriately organized and that confidentiality of information is
				  maintained.
(2) Client information
				  forms must be standardized, with each page showing the client's name or
				  identification number.
(3)
				  Individual client files must include:
(a)
				  Personal/biographical data, including addresses, phone numbers, emergency
				  contacts, and client representatives, reviewed and updated as needed;
(b) Application, enrollment, and consent to
				  services forms;
(c)
				  Department-authorized service plan and service authorization;
(d) All client information, including but not
				  limited to the intake evaluation, date of acceptance to the center, negotiated
				  care plan, attendance and service records, progress notes, and
				  correspondence;
(e) Signed
				  authorizations concerning the release of client information, photographs, and
				  receipt of emergency medical care, as appropriate;
(f) Client photograph, with client or client
				  representative permission, updated as needed per change in the client's
				  appearances or picture being difficult to clearly view;
(g) Transportation plans regarding how the
				  client will be transported back and forth from the center and who is
				  responsible for the transportation;
(h) Fee determination forms;
(i) Appropriate medical information, with
				  client consent, including but not limited to significant illnesses, accidents,
				  treatments, medical conditions, allergies, medications, tobacco use, and
				  alcohol or substance use;
(j)
				  Advance directives (if any) and a statement signed by the client that he or she
				  has received the center's policies concerning advance directives; and, as
				  applicable,
(k) Authorizing
				  practitioner orders for skilled nursing and/or rehabilitative therapy
				  containing department-required information and in accordance with applicable
				  licensing and practice act regulations.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › ADULT DAY SERVICES › Section 388-71-0748 - What are the adult day centers' record retention requirements?

Current through Register Vol. 24-14, July 15, 2024
(1) The adult day
				  center must maintain a secure client record system to ensure confidentiality
				  for all records, whether paper or electronic, in accordance with state and
				  federal laws, including but not limited to the Health Insurance Portability and
				  Accountability Act (HIPAA).
(2) The
				  adult day center must maintain a permanent registry of all clients with dates
				  of admission, attendance and discharge.
(3) The adult day center must follow their
				  written policies concerning record and maintenance and retention, see WAC
				  388-71-0738 operating policy
				  section.
(4) Client records
				  maintained on the center's premises must be in a secure storage area that
				  includes locking cabinets or storage. Computerized records must be backed up,
				  daily for any changes made in the record that day and a full backup on a weekly
				  basis. Weekly backup records would be stored offsite either in a physical, (cd,
				  tape or thumb drive) or electronic file, (through the cloud backup system)
				  compliant with HIPAA.
Statutory Authority:
						RCW
						74.04.050,
						74.04.057,
						74.04.200,
						74.08.090,
						74.09.520, and
						74.39A.030. 03-06-024, §
						388-71-0748, filed 2/24/03, effective
						7/1/03.