reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › QUALIFICATIONS OF INDIVIDUALS PROVIDING CARE AND SERVICES › Section 388-76-10140 - Qualifications-Students-Volunteers

Current through Register Vol. 24-14, July 15, 2024
The adult family home must ensure that students and
					 volunteers meet the following minimum qualifications:
(1) Be eighteen years old or older;
(2) Meet the department's training
				  requirements of chapter 388-112A WAC;
(3) Have no criminal convictions listed in
				  RCW
				  43.43.830 and
				  43.43.842
				  or state or federal findings of abandonment, abuse, neglect or financial
				  exploitation; and
(4) Tuberculosis
				  screening to establish tuberculosis status per this chapter.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10140, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › QUALIFICATIONS OF INDIVIDUALS PROVIDING CARE AND SERVICES › Section 388-76-10145 - Qualifications-Licensed nurse as provider, entity representative, or resident manager

Current through Register Vol. 24-14, July 15, 2024
The adult family home must ensure that a licensed nurse who
					 is a provider, entity representative, or resident manager:
(1) Meets the relevant qualifications for
				  their role listed in WAC
				  388-76-10130;
				  and
(2)  Has a current valid
				  cardiopulmonary resuscitation (CPR) card or certificate as required in chapter
				  388-112A WAC.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10145, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › QUALIFICATIONS OF INDIVIDUALS PROVIDING CARE AND SERVICES › Section 388-76-10146 - Qualifications-Training and home care aide certification

Current through Register Vol. 24-14, July 15, 2024
(1) The adult family home must ensure staff
				  persons hired before January 7, 2012 meet training requirements in effect on
				  the date hired, including requirements in chapter 388-112A WAC.
(2) The adult family home must ensure all
				  adult family home caregivers, entity representatives, and resident managers
				  hired on or after January 7, 2012, meet the long-term care worker training
				  requirements of chapter 388-112A WAC, including but not limited to:
(a) Orientation and safety;
(b) Basic;
(c) Specialty for dementia, mental illness
				  and/or developmental disabilities when serving residents with any of those
				  primary special needs;
(d)
				  Cardiopulmonary resuscitation and first aid; and
(e) Continuing education.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › QUALIFICATIONS OF INDIVIDUALS PROVIDING CARE AND SERVICES › Section 388-76-10150 - Qualifications-Assessor

Current through Register Vol. 24-14, July 15, 2024
(1) The adult
				  family home must ensure that an assessor, except for an authorized department
				  case manager, performing an assessment for any resident meets the following
				  qualifications:
(a) A master's degree in
				  social services, human services, behavioral sciences or an allied field and two
				  years social service experience working with adults who have functional or
				  cognitive disabilities; or
(b) A
				  bachelor's degree in social services, human services, behavioral sciences or an
				  allied field and three years social service experience working with adults who
				  have functional or cognitive disabilities; or
(c) Have a valid Washington state license to
				  practice as a nurse under chapter 18.79 RCW and three years of clinical nursing
				  experience; or
(d) Is currently a
				  licensed physician, including an osteo-pathic physician, in Washington
				  state.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-10160 - Background check - General

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Background checks conducted by the department and required in this chapter
				  include but are not limited to:
(a) Washington
				  state name and date of birth background checks; and
(b) After January 7, 2012, a national
				  fingerprint background check in accordance with
				  RCW
				  74.39A.056.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-10161 - Background checks - Who is required to have

Current through Register Vol. 24-14, July 15, 2024
(1) An adult family home applicant and anyone
				  affiliated with an applicant must have the following background checks before
				  licensure:
(a) A Washington state name and
				  date of birth background check; and
(b) If applying after January 7, 2012, a
				  national fingerprint background check.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-10163 - Background checks-Process-Background authorization form

Current through Register Vol. 24-14, July 15, 2024
Before the adult family home employs, directly or by
					 contract, a resident manager, entity representative, caregiver, or
					 noncaregiving staff, or accepts as a caregiver any volunteer or student, or
					 allows a household member over the age of eleven unsupervised access to
					 residents, the home must:
(1) Require
				  the person to complete a DSHS background authorization form; and
(2) Submit form to the department's
				  background check central unit, including any additional documentation and
				  information requested by the department.
Statutory Authority:
						RCW
						70.128.040. 12-16-087, § 388-76-10163,
						filed 7/31/12, effective 8/31/12. Statutory Authority:
						RCW
						70.128.040, chapter 74.39A RCW. 10-16-082,
						§ 388-76-10163, filed 7/30/10, effective
						1/1/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-101631 - Background checks-Washington state name and date of birth background check

Current through Register Vol. 24-14, July 15, 2024
If the results of the Washington state name and date of
					 birth background check indicate an individual has a disqualifying criminal
					 conviction or a pending charge for a disqualifying crime under chapter 388-113
					 WAC, or a disqualifying negative action listed in WAC
					 388-76-10180 then:
(1) If the individual is a caregiver, entity
				  representative or resident manager , the adult family home must not employ the
				  individual, either directly or by contract; and
(2) If the individual is a household member
				  over the age of eleven, volunteer, student or noncaregiving staff then the
				  adult family home must not allow the individual to have unsupervised access to
				  residents .
Statutory Authority:
						RCW
						70.128.040. 12-16-087, § 388-76-101631,
						filed 7/31/12, effective 8/31/12.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-101632 - Background checks-National fingerprint background check

Current through Register Vol. 24-14, July 15, 2024
(1) Individuals specified in WAC
				  388-76-10161(2) 
				  who are hired after January 7, 2012 and are not disqualified by the Washington
				  state name and date of birth background check, must complete a national
				  fingerprint background check and follow department procedures.
(2) After receiving the results letter of the
				  national fingerprint background check the adult family home must not employ,
				  directly or by contract, a caregiver, entity representative or resident manager
				  who has been convicted of a disqualifying crime or who :
(i) Has a disqualifying conviction or pending
				  charge under chapter 388-113 WAC ; or
(ii) Has a disqualifying negative action
				  listed in WAC
				  388-76-10180.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-10164 - Background checks-Results-Duty to inform

Current through Register Vol. 24-14, July 15, 2024
(1) After receiving the results of the
				  Washington state name and date of birth background check, the adult family home
				  must:
(a) Inform the person of the results of
				  the background checks;
(b) Inform
				  the person that they may request a copy of the results of the background check.
				  If requested, a copy of the background check results must be provided within
				  ten days of the request; and
(c)
				  Notify the department and the other appropriate licensing or certification
				  agency of any person resigning or terminated as a result of having a
				  disqualifying criminal conviction or pending charge for a disqualifying crime
				  under chapter 388-113 WAC, or a negative action that is disqualifying under WAC
				  388-76-10180.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-10165 - Background checks - Washington state name and date of birth background check - Valid for two years - National fingerprint background check - Valid indefinitely

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  Washington state name and date of birth background check is valid for two years
				  from the initial date it is conducted. The adult family home must ensure:
(a) A new DSHS background authorization form
				  is submitted to the department's background check central unit every two years
				  for each individual listed in WAC
				  388-76-10161;
(b) There is a valid Washington state
				  background check for all individuals listed in WAC
				  388-76-10161.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-10166 - Background checks-Household members, noncaregiving and unpaid staff-Unsupervised access

Current through Register Vol. 24-14, July 15, 2024
(1) The adult
				  family home must not allow individuals specified in WAC
				  388-76-10161(3) 
				  to have unsu-pervised access to residents until the home receives results of
				  the Washington state name and date of birth background check from the
				  department .
(2) If the background
				  check results show that an individual specified in WAC
				  388-76-10161 has a criminal
				  conviction or pending charge for a crime that is not automatically
				  disqualifying under chapter 388-113 WAC , then the adult family home must:
(a) Determine whether or not the person has
				  the character, competence and suitability to have unsupervised access to
				  residents; and
(b) Document in
				  writing the basis for making the decision.
(c) Nothing in this section should be
				  interpreted as requiring the employment of any person against the better
				  judgment of the adult family home.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-10170 - Background check - Confidentiality - Use restricted - Retention

Current through Register Vol. 24-14, July 15, 2024
The adult family home must establish and implement
					 procedures that ensure all background authorization forms, background check
					 results, related information, and all copies are:
(1) Kept in a confidential and secure
				  manner;
(2) Used for employment
				  purposes only;
(3) Not disclosed to
				  any person except:
(a) The person about whom
				  the home made the disclosure or background check;
(b) Licensed facilities, an employer of an
				  authorized program, or an in-home services agency employer identified in WAC
				  388-76-10174;
(c) Authorized state and federal employees;
				  and
(d) The Washington state patrol
				  auditor.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-10174 - Background check-Disclosure of information-Sharing of background information by health care facilities

Current through Register Vol. 24-14, July 15, 2024
In accordance with
					 RCW
					 43.43.832 a health care facility may share
					 Washington state background check results with other health care facilities
					 under certain circumstances. Results of the national fingerprint-based
					 background check may not be shared. For the purposes of this section health
					 care facility means a nursing home licensed under
					 chapter
					 18.51 RCW, an assisted
					 living facility licensed under chapter 18.20 RCW, or an adult family home
					 licensed under chapter 70.128 RCW.
(1)
				  A health care facility may, upon request from another health care facility,
				  share completed Washington state background check results only if:
(a) The health care facility sharing the
				  background check information is reasonably known to be the person's most recent
				  employer;
(b) No more than twelve
				  months has elapsed between the date the person was last employed at a licensed
				  health care facility and the date of the person's current employment
				  application; and
(c) The background
				  check is no more than two years old.
(d) The adult family home has no reason to
				  believe the individual has a disqualifying criminal conviction or pending
				  charge for a disqualifying crime under chapter 388-113 WAC, or a negative
				  action listed in WAC
				  388-76-10180.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-10175 - Background checks-Employment-Conditional hire -Pending results of Washington state name and date of birth background check

Current through Register Vol. 24-14, July 15, 2024
An adult family home may conditionally employ a person
					 directly or by contract, pending the result of a Washington state name and date
					 of birth background check, provided the home:
(1) Submits the Washington state name and
				  date of birth background check no later than one working day after conditional
				  employment;
(2) Requires the
				  individual to sign a disclosure statement and the individual denies having a
				  disqualifying criminal conviction or pending charge for a disqualifying crime
				  under chapter 388-113 WAC, or a negative action that is listed in WAC
				  388-76-10180;
(3) Does not allow the individual to have
				  unsupervised access to any resident;
(4) Ensures direct supervision, as defined in
				  WAC 388-76-10000, of the individual;
				  and
(5) Ensures the individual is
				  competent and receives the necessary training to perform assigned tasks and
				  meets the staff training requirements under chapter 388-112A WAC.
Statutory Authority:
						RCW
						70.128.040. 12-16-087, § 388-76-10175,
						filed 7/31/12, effective 8/31/12. Statutory Authority:
						RCW
						70.128.040, chapter 74.39A RCW. 10-16-082,
						§ 388-76-10175, filed 7/30/10, effective 1/1/11. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10175, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-10176 - Background checks - Employment - Provisional hire - Pending results of national fingerprint background check

Current through Register Vol. 24-14, July 15, 2024
The adult family home may provisionally employ individuals
					 hired after January 7, 2012 and listed in WAC
					 388-76-10161(2) 
					 for one hundred twenty-days and allow those individuals to have unsupervised
					 access to residents when:
(1) The
				  individual is not disqualified based on the results of the Washington state
				  name and date of birth background check; and
(2) The results of the national fingerprint
				  background check are pending.
Statutory Authority:
						RCW
						70.128.040. 12-16-087, § 388-76-10176,
						filed 7/31/12, effective 8/31/12.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-10180 - Background check-Employment-Disqualifying information

Current through Register Vol. 24-14, July 15, 2024
Disqualifying negative actions.
(1) The adult family home must not employ ,
				  directly or by contract, a caregiver, entity representative, or resident
				  manager if :
(a) The caregiver, entity
				  representative or resident manager will have unsupervised access to vulnerable
				  adults, as defined in
				  RCW
				  43.43.830; and either:
(b) The caregiver, entity representative or
				  resident manager has a disqualifying criminal conviction or pending charge for
				  a disqualifying crime under chapter 388-113 WAC; or
(c) The caregiver, entity representative, or
				  resident manager has one or more of the following negative actions:
(i) A court has issued a permanent
				  restraining order or order of protection, either active or expired, against the
				  person that was based upon abuse, neglect, financial exploitation, or
				  mistreatment of a child or vulnerable adult;
(ii) The individual is a registered sex
				  offender;
(iii) The individual is
				  on a registry based upon a final finding of abuse, neglect or financial
				  exploitation of a vulnerable adult, unless the finding was made by adult
				  protective services prior to October 2003;
(iv) A founded finding of abuse or neglect of
				  a child was made against the person, unless the finding was made by child
				  protective services prior to October 1, 1998;
(v) The individual was found in any
				  dependency action to have sexually assaulted or exploited any child or to have
				  physically abused any child;
(vi)
				  The individual was found by a court in a domestic relations proceeding under
				  Title
				  26 RCW, or under any comparable
				  state or federal law, to have sexually abused or exploited any child or to have
				  physically abused any child;
(vii)
				  The person has had a contract or license denied, terminated, revoked, or
				  suspended due to abuse, neglect, financial exploitation, or mistreatment of a
				  child or vulnerable adult; or
(viii) The person has relinquished a license
				  or terminated a contract because an agency was taking an action against the
				  individual related to alleged abuse, neglect, financial exploitation or
				  mistreatment of a child or vulnerable adult.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › CRIMINAL HISTORY BACKGROUND CHECK › Section 388-76-10181 - Background checks-Employment-Nondisqualifying information

Current through Register Vol. 24-14, July 15, 2024
(1) If any
				  background check results show that an employee or prospective employee has a
				  criminal conviction or pending charge for a crime that is not disqualifying
				  under chapter 388-113 WAC , then the adult family home must:
(a) Determine whether the person has the
				  character, competence and suitability to work with vulnerable adults in
				  long-term care; and
(b) Document in
				  writing the basis for making the decision, and make it available to the
				  department upon request.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10191 - Liability insurance required

Current through Register Vol. 24-14, July 15, 2024
The adult family home must:
(1) Obtain and maintain both:
(a) Commercial general liability insurance or
				  business liability insurance covering the adult family home; and
(b) Professional liability insurance or
				  errors and omissions insurance covering the adult family home.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10192 - Liability insurance required- Coverage requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The liability insurance coverage required
				  under WAC
				  388-76-10191 must include:
(a) Losses or allegations or both caused by
				  errors and omissions of the adult family home or its employees or
				  volunteers;
(b) Coverage for bodily
				  injury, property damage, and contractual liability; and
(c) Coverage for premises, operations,
				  products-completed operations, personal injury, advertising injury, and
				  liability assumed under an insured contract.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10193 - Liability insurance required - Professional liability insurance coverage

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10193,
						filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10195 - Adult family home - Staff - Generally

Current through Register Vol. 24-14, July 15, 2024
The adult family home must ensure:
(1) When one or more residents are in the
				  home, enough staff are available in the home to meet the needs of each
				  resident, except as provided in WAC
				  388-76-10200;
(2) Staff are readily available to meet
				  resident needs if the home takes the resident out to another location and the
				  resident negotiated care plan does not indicate it is safe for the resident to
				  be left unattended for a specific time period; and
(3) All staff are skilled and able to do the
				  tasks assigned to meet the needs of each resident.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10195,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10195, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10198 - Adult family home-Personnel records

Current through Register Vol. 24-14, July 15, 2024
The adult family home must keep documents related to staff
					 in a place readily accessible to authorized department staff. These documents
					 must be available during the staff's employment, and for at least two years
					 following employment. The documents must include but are not limited to:
(1) Staff information such as address and
				  contact information.
(2) Staff
				  orientation and training records pertinent to duties, including, but not
				  limited to:
(a) Training required by chapter
				  388-112A WAC, including as appropriate for each staff person, orientation,
				  basic training or modified basic training, specialty training, nurse delegation
				  core training, and continuing education;
(b) Cardiopulmonary resuscitation;
(c) First aid; and
(d) HIV/AIDS training.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10201 - Succession plan

Current through Register Vol. 24-14, July 15, 2024
(1) The adult
				  family home must have a written plan addressing how they will continue to meet
				  the requirements of this chapter and provide care and services to residents in
				  the event that the provider or entity representative is unable to fulfill their
				  duties in the home and make it available upon request of the
				  department.
(2) If an emergency or
				  other exceptional circumstance requires a change of ownership due to the
				  inability of a provider to continue to operate the home, an applicant who meets
				  the qualifications to be a provider may apply for a provisional license that
				  would allow the home to continue to operate. The applicant must also apply for
				  a change of ownership at the same time. The department will have the discretion
				  to determine if the circumstances warrant a provisional license.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10200 - Adult family home-Staff- Availability-Contact information

Current through Register Vol. 24-14, July 15, 2024
In addition to other licensing requirements for staff
					 availability, the adult family home must:
(1) Ensure at least one qualified caregiver
				  is present in the home whenever one or more residents are present in the home,
				  except as provided in subsection (2). For purpose of this subsection, a
				  qualified caregiver means someone who has completed orientation and basic
				  training as required by chapter 388-112A WAC;
(2) Ensure that before the adult family home
				  leaves a resident unattended:
(a) That the
				  adult family home determines that the resident can be left unattended safely,
				  based upon an assessment that identifies the resident's strengths and
				  needs;
(b) The resident knows what
				  to do in an emergency and is able to successfully act on that knowledge; such
				  as leaving the home or calling 911, when necessary;
(c) The adult family home individualizes each
				  resident's negotiated care plan to the resident's identified strengths and
				  needs and includes a limited and specific amount of time the resident is safe
				  to be left unattended;
(d) The
				  resident consents to the plan to be left unattended; and
(e) The resident is able to contact a
				  responsible staff person at all times.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10205 - Medicaid or state funded residents

Current through Register Vol. 24-14, July 15, 2024
When the adult family home accepts medicaid or state funded
					 residents, the home must follow the terms and conditions of the department
					 contract and chapter 388-105 WAC.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10205, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10210 - Resident relocation due to closure

Current through Register Vol. 24-14, July 15, 2024
When an adult family home chooses to voluntarily close, the
					 home must:
(1) Notify the following in
				  writing of the closure at least thirty days before the home closes:
(a) The department;
(b) Each resident; and
(c) Each resident's representative.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10215 - Resident funds - Protection, liquidation or transfer

Current through Register Vol. 24-14, July 15, 2024
(1) The adult family home must meet the
				  requirements of
				  RCW
				  70.129.040 to protect any funds the resident
				  may have deposited with the adult family home.
(2) If a deceased resident had some of his or
				  her adult family home care paid for by the department, then the home must:
(a) Send the final accounting and funds
				  payable to:
Secretary, Department of Social and Health Services
Office of Financial Recovery
Estate Recovery Unit
(b) Include with the final accounting
				  required in subsection (2)(a) of this section:
(i) The deceased resident's name;
				  and
(ii) The deceased resident's
				  Social Security number.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10220 - Incident log

Current through Register Vol. 24-14, July 15, 2024
The adult family home must keep a log of:
(1) Alleged or suspected instances of
				  abandonment, neglect, abuse or financial exploitation;
(2) Accidents or incidents affecting a
				  resident's welfare; and
(3) Any
				  injury to a resident.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10220, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10225 - Reporting requirement

Current through Register Vol. 24-14, July 15, 2024
(1) The adult
				  family home must ensure all staff:
(a) Report
				  suspected abuse, neglect, exploitation or abandonment of a resident:
(i) As required by
				  chapter
				  74.34 RCW;
(ii) To the department by calling the
				  complaint toll-free hotline number; and
(iii) To the local law enforcement agency
				  when required by
				  RCW
				  74.34.035.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › ADMINISTRATION GENERAL › Section 388-76-10230 - Pets

Current through Register Vol. 24-14, July 15, 2024
The adult family home must ensure any animal visiting or
					 living on the premises:
(1) Does not
				  compromise any resident rights, preferences or medical needs;
(2) Has a suitable temperament, is clean and
				  healthy, and otherwise poses no significant health or safety risks to any
				  resident, staff, or visitors; and
(3) Has proof of up-to-date rabies
				  vaccinations.
Statutory Authority:
						RCW
						70.128.040. 09-03-029, § 388-76-10230,
						filed 1/12/09, effective 2/12/09. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10230, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › HEALTH CARE DECISION MAKING › Section 388-76-10235 - Guardianship

Current through Register Vol. 24-14, July 15, 2024
(1) Effective
				  February 1, 2009, the adult family home must ensure that no provider, entity
				  representative, resident manager, or staff becomes any resident's
				  guardian.
(2) Provider, entity
				  representative, resident manager or staff who is a resident's guardian before
				  February 1, 2009 may continue to be that resident's guardian.
Statutory Authority:
						RCW
						70.128.040. 09-03-029, § 388-76-10235,
						filed 1/12/09, effective 2/12/09. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10235, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › HEALTH CARE DECISION MAKING › Section 388-76-10240 - Durable power of attorney for health care or financial decisions

Current through Register Vol. 24-14, July 15, 2024
The adult family home must not allow a provider, entity
					 representative, owner, administrator, or employees of the home to act as a
					 resident's attorney in fact, according to chapter 11.94 RCW, unless the
					 provider, entity representative, owner, administrator, or employee is the
					 resident's:
(1) Spouse;
(2) Adult child; or
(3) Brother or sister.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10240, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › HEALTH CARE DECISION MAKING › Section 388-76-10245 - Resident self-determination - Health care decision making

Current through Register Vol. 24-14, July 15, 2024
The adult family home must provide care and services
					 consistent with the federal patient self-determination act and other statutes
					 related to a resident legal representative and health care decision making,
					 including but not limited to:
(1)Chapter 7.70 RCW;
(2)Chapter 70.122 RCW;
(3)Chapter 11.88 RCW;
(4)Chapter 11.92 RCW; and
(5)Chapter 11.94 RCW.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10245, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › HEALTH CARE DECISION MAKING › Section 388-76-10250 - Medical emergencies - Contacting emergency medical services - Required

Current through Register Vol. 24-14, July 15, 2024
(1) The adult
				  family home must develop and implement policies and procedures which require
				  immediate contact of the local emergency medical services when a resident has a
				  medical emergency. This requirement applies:
(a) Unless the caregiver, present at the time
				  of the emergency, is a licensed physician or registered nurse acting within his
				  or her scope of practice;
(b)
				  Whether or not:
(i) Any order exists
				  directing medical care for the resident;
(ii) The resident has provided an advance
				  directive for medical care; or
(iii) The resident has expressed any wishes
				  involving medical care.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › INFECTION CONTROL AND COMMUNICABLE DISEASE › Section 388-76-10255 - Infection control

Current through Register Vol. 24-14, July 15, 2024
The adult family home must develop and implement an
					 infection control system that:
(1)
				  Uses nationally recognized infection control standards;
(2) Emphasizes frequent hand washing and
				  other means of limiting the spread of infection;
(3) Follows the requirements of chapter 49.17
				  RCW, Washington Industrial Safety and Health Act to protect the health and
				  safety of each resident and employees; and
(4) Directs all staff to:
(a) Dispose of razor blades, syringes, and
				  other sharp items in a manner that will not risk the health and safety of
				  residents, staff, other persons residing in the home or the public;
				  and
(b) Use all disposable and
				  single-service supplies and equipment only one time as specified by the
				  manufacturer.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › INFECTION CONTROL AND COMMUNICABLE DISEASE › Section 388-76-10260 - Communicable disease - Preventing spread

Current through Register Vol. 24-14, July 15, 2024
If the adult family home suspects anyone working or living
					 in the home has or may have a communicable disease, the home must implement
					 nationally recognized infection control measures.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10260, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › TUBERCULOSIS SCREENING › Section 388-76-10265 - Tuberculosis - Testing - Required

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The adult family home must develop and implement a system to ensure the
				  following persons have tuberculosis testing within three days of employment:
(a) Provider;
(b) Entity representative;
(c) Resident manager;
(d) Caregiver;
(e) Staff; and
(f) Any student or volunteer providing any
				  resident care and services.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › TUBERCULOSIS SCREENING › Section 388-76-10270 - Tuberculosis - Testing method - Required

Current through Register Vol. 24-14, July 15, 2024
The adult family home must ensure that all tuberculosis
					 testing is done through either:
(1)
				  Intradermal (Mantoux) administration with test results read:
(a) Within forty-eight to seventy-two hours
				  of the test; and
(b) By a trained
				  professional; or
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › TUBERCULOSIS SCREENING › Section 388-76-10275 - Tuberculosis - No testing

Current through Register Vol. 24-14, July 15, 2024
The adult family home is not required to have a person
					 tested for tuberculosis if the person has:
(1) A documented history of a previous
				  positive skin test, with ten or more millimeters induration;
(2) A documented history of a previous
				  positive blood test; or
(3)
				  Documented evidence of:
(a) Adequate therapy
				  for active disease; or
(b)
				  Completion of treatment for latent tuberculosis infection preventive
				  therapy.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › TUBERCULOSIS SCREENING › Section 388-76-10280 - Tuberculosis - One test

Current through Register Vol. 24-14, July 15, 2024
The adult family home is only required to have a person
					 take one test if the person has any of the following:
(1) A documented history of a negative result
				  from a previous two step test done no more than one to three weeks apart;
				  or
(2) A documented negative result
				  from one skin or blood test in the previous twelve months.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10280,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10280, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › TUBERCULOSIS SCREENING › Section 388-76-10285 - Tuberculosis - Two step skin testing

Current through Register Vol. 24-14, July 15, 2024
Unless the person meets the requirement for having no skin
					 testing or only one test, the adult family home, choosing to do skin testing,
					 must ensure that each person has the following two-step skin testing:
(1) An initial skin test within three days of
				  employment; and
(2) A second test
				  done one to three weeks after the first test.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10285,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10285, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › TUBERCULOSIS SCREENING › Section 388-76-10290 - Tuberculosis - Positive test result

Current through Register Vol. 24-14, July 15, 2024
When there is a positive result to tuberculosis skin or
					 blood testing the adult family home must:
(1) Ensure that the person has a chest X ray
				  within seven days;
(2) Ensure each
				  resident or employee with a positive test result is evaluated for signs and
				  symptoms of tuberculosis; and
(3)
				  Follow the recommendation of the person's health care provider.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10290,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10290, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › TUBERCULOSIS SCREENING › Section 388-76-10295 - Tuberculosis - Negative test result

Current through Register Vol. 24-14, July 15, 2024
The adult family home may be required by the public health
					 provider or licensing authority to ensure that persons with negative test
					 results have follow-up testing in certain circumstances, such as:
(1) After exposure to active
				  tuberculosis;
(2) When tuberculosis
				  symptoms are present; or
(3) For
				  periodic testing as determined by the health provider.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10295,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10295, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › TUBERCULOSIS SCREENING › Section 388-76-10300 - Tuberculosis - Declining a skin test

Current through Register Vol. 24-14, July 15, 2024
The adult family home must ensure that a person take the
					 blood test for tuberculosis if they decline the skin test.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10300,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10300, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › TUBERCULOSIS SCREENING › Section 388-76-10305 - Tuberculosis - Reporting required

Current through Register Vol. 24-14, July 15, 2024
The adult family home must:
(1) Report any person or resident with
				  tuberculosis symptoms or a positive chest X ray to the appropriate health care
				  provider or public health provider;
(2) Follow the infection control and safety
				  measures ordered by the person's health care provider, including a public
				  health provider; and
(3) Institute
				  appropriate infection control measures.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10305,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10305, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › TUBERCULOSIS SCREENING › Section 388-76-10310 - Tuberculosis - Test records

Current through Register Vol. 24-14, July 15, 2024
The adult family home must:
(1) Keep the records of tuberculin test
				  results, reports of X-ray findings, and any physician or public health provider
				  orders in the adult family home;
(2) Make the records readily available to the
				  appropriate health authority and licensing agency;
(3) Provide the employee a copy of his/her
				  testing results; and
(4) Retain the
				  records for eighteen months after the date an employee either quits or is
				  terminated.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10310,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10310, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT RECORDS › Section 388-76-10315 - Resident record-Required

Current through Register Vol. 24-14, July 15, 2024
The adult family home must:
(1) Create, maintain, and keep records for
				  residents in the home where the resident lives and ensure that the records:
(a) Contain enough information so home can
				  provide the needed care and services to each resident;
(b) Be in a format useful to the
				  home;
(c) Be kept confidential so
				  that only authorized persons see their contents;
(d) Are only released to the following
				  persons:
(i) A health care
				  institution;
(ii) When requested by
				  the law;
(iii) To department
				  representatives; and
(iv) To the
				  resident;
(e) Be
				  protected to prevent loss, alteration or destruction and unauthorized
				  use;
(f) Be kept for three years
				  after the resident leaves the home or death of the resident;
(g) Be available so that department staff may
				  review them when requested; and
(h)
				  Provide access to the resident to review their record and obtain copies of
				  their record at a reasonable cost.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT RECORDS › Section 388-76-10320 - Resident record - Content

Current through Register Vol. 24-14, July 15, 2024
The adult family home must ensure that each resident record
					 contains, at a minimum, the following information:
(1) Identifying information about the
				  resident;
(2) The name, address and
				  telephone number of the resident's:
(a)
				  Representative;
(b) Health care
				  providers;
(c) Significant family
				  members identified by the resident; and
(d) Other individuals the resident wants
				  involved or notified.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT RECORDS › Section 388-76-10325 - Resident record - Legal documents - If available

Current through Register Vol. 24-14, July 15, 2024
When available, the adult family home must obtain copies of
					 the following legal documents for the resident's records:
(1) Any powers of attorney granted by the
				  resident, including for health care decision making and financial;
				  and
(2) Court order of guardianship
				  for the resident.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10325, filed 10/16/07, effective
						1/1/08.