reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Support Services › Section 388-107-0922 - Sewage and liquid waste disposal

Current through Register Vol. 24-14, July 15, 2024
The enhanced services facility must:
(1) Ensure that all sewage and waste water
				  drain into a municipal sewage disposal system according to chapter 246-271 WAC,
				  if available; or
(2) Provide
				  on-site sewage disposal systems designed, constructed, and maintained as
				  required by chapters 246-272 and 173-240 WAC, and local ordinances.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Support Services › Section 388-107-0924 - Garbage and refuse disposal

Current through Register Vol. 24-14, July 15, 2024
The enhanced services facility must:
(1) Provide an adequate number of garbage
				  containers to store refuse generated by the enhanced services facility:
(a) Located in a storage area convenient for
				  resident and staff use;
(b)
				  Constructed of nonabsorbent material; and
(c) Cleaned and maintained to prevent:
(i) Entrance of insects, rodents, birds, or
				  other pests;
(ii) Odors;
				  and
(iii) Other
				  nuisances.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Building Elements › Section 388-107-0940 - Resident safety

Current through Register Vol. 24-14, July 15, 2024
(1) The enhanced
				  services facility must be designed to prevent injury and promote resident
				  safety.
(2) The facility must
				  ensure that:
(a) Doorways are at least
				  thirty-six inches wide;
(b) Door
				  swings for private resident bathrooms or shower areas swing out to allow for
				  staff emergency access;
(c) Door
				  closers are not be used unless required by the building code and if required on
				  the resident room door, the closer must be mounted on the public side of the
				  door rather than the private resident's side of the door;
(d) Special design considerations for
				  resident safety and injury prevention are given to shower, bath, toilet, and
				  sink hardware and accessories, including grab bars and toilet paper holders;
				  and
(e) Grab bars, where provided,
				  are securely fastened to withstand a minimum three hundred pounds of
				  force.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Building Elements › Section 388-107-0950 - Safety-Handrails

Current through Register Vol. 24-14, July 15, 2024
The facility must:
(1) Provide handrails on each side of all
				  corridors and stairwells accessible to residents and ensure that:
(a) Ends of handrails are returned to the
				  walls;
(b) Handrails are mounted
				  thirty to thirty-four inches above the floor; and
(c) Handrails terminate not more than six
				  inches from a door.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Building Elements › Section 388-107-0960 - Plumbing-Water supply

Current through Register Vol. 24-14, July 15, 2024
The facility must provide the following:
(1) Water meeting the provisions of chapter
				  246-290 WAC, Group A public water supplies or chapter 246-291 WAC, Group B
				  public water systems;
(2) Hot and
				  cold water under adequate pressure readily available throughout the enhanced
				  services facility;
(3) Labels or
				  color codes for nonpotable water supplies as "unsafe for domestic
				  use";
(4) Faucet controls in
				  lavatories and sinks with:
(a) Fixtures with
				  at least four-inch wrist blades or single-levers based on a risk assessment
				  made by the facility;
(b)
				  Sufficient space for full open and closed operation; and
(c) Color-coding and labels to indicate "hot"
				  and "cold";
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Building Elements › Section 388-107-0970 - Sinks-Water temperature

Current through Register Vol. 24-14, July 15, 2024
The facility must provide all sinks in resident rooms,
					 toilet rooms and bathrooms, and bathing fixtures used by residents with hot
					 water between one hundred five degrees (105°) Fahrenheit and one hundred
					 twenty degrees (120°) Fahrenheit at all times.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Building Elements › Section 388-107-0980 - Mechanical-Heating systems

Current through Register Vol. 24-14, July 15, 2024
The facility must ensure:
(1) The heating system is capable of
				  maintaining a temperature of seventy-five degrees Fahrenheit for areas occupied
				  by residents and seventy degrees Fahrenheit for non-resident areas.
(2) Resident rooms must have individual
				  temperature control which may be covered, locked, or placed in an inconspicuous
				  place.
(3) Electric resistant wall
				  heat units and portable space heaters are prohibited.
(4) The heating system must be connected to
				  an alternate source of power, or an alternate source of heating must be
				  provided to maintain the temperature in resident rooms or in a room to which
				  all residents can be moved.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Building Elements › Section 388-107-0990 - Mechanical-Cooling systems

Current through Register Vol. 24-14, July 15, 2024
The facility must have:
(1) A mechanical cooling system capable of
				  maintaining a temperature of seventy-five degrees Fahrenheit for areas occupied
				  by residents; and
(2) A cooling
				  system that has mechanical refrigeration equipment to provide summer air
				  conditioning to resident areas, food preparation areas, laundry, medication
				  rooms, and therapy areas by either a central system with distribution ducts or
				  piping, or packaged room or zonal air conditioners.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Building Elements › Section 388-107-1000 - Mechanical-Ventilation systems

Current through Register Vol. 24-14, July 15, 2024
The facility must ensure:
(1) Ventilation of all rooms is designed to
				  prevent objectionable odors, condensation, and direct drafts on the
				  residents;
(2) All habitable space
				  is mechanically ventilated including air supply and air exhaust
				  systems;
(3) All heating,
				  ventilation, and air conditioning equipment complies with the requirements of
				  the state building code, chapter 51-52 WAC;
(4) Outdoor air intakes are located a minimum
				  of twenty-five feet from the exhaust from any ventilating system, combustion
				  equipment, or areas which may collect vehicular exhaust and other noxious
				  fumes, and a minimum of ten feet from plumbing vents; and
(5) The facility must locate the bottom of
				  outdoor air intakes serving central systems a minimum of three feet above the
				  adjoining grade level or, if installed through the roof, three feet above the
				  highest adjoining roof level.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Building Elements › Section 388-107-1001 - Lighting

Current through Register Vol. 24-14, July 15, 2024
(1) The enhanced
				  services facility must maintain electric light fixtures and lighting necessary
				  for the comfort and safety of residents and for the activities of residents and
				  staff.
(2) The enhanced services
				  facility must provide enough lighting in each resident's room to meet the
				  resident's needs, preferences and choices.
(3) New enhanced services facility
				  construction must, at a minimum, meet the illuminating engineering society of
				  North America (IESNA) recommendations for lighting in common areas as
				  established in the IESNA lighting handbook. The applicable handbook is the
				  edition in effect on the date a construction review fee is paid to the
				  department of health, construction review services, for new enhanced services
				  facility construction.
(4) Existing
				  enhanced services facility construction must maintain, at a minimum, the
				  illuminating engineering society of North America (IESNA) recommendations for
				  lighting in common areas as established in the IESNA lighting handbook. The
				  applicable handbook is the edition in effect on the date a construction review
				  fee was paid to the department of health, construction review services, for the
				  enhanced services facility or that portion of the enhanced services facility
				  that underwent construction review.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Communication › Section 388-107-1005 - Call systems on resident care units

Current through Register Vol. 24-14, July 15, 2024
The facility must provide a system that meets the
					 following standards:
(1) A wired or
				  wireless communication system that notifies at the staff work station. The
				  system must be equipped to receive resident calls from:
(a) The bedside of each resident;
(b) Every common area, dining and activity
				  areas, common use toilet rooms, and other areas used by residents;
				  and
(c) Resident toilet, bath and
				  shower rooms.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Communication › Section 388-107-1010 - Telephone on resident care units

Current through Register Vol. 24-14, July 15, 2024
The facility must provide twenty-four hour access to a
					 telephone for resident use which:
(1)
				  Provides auditory privacy;
(2) Is
				  accessible to a resident with a disability and accommodates a resident with
				  sensory impairment;
(3) Is not
				  located in a staff office or at a nurse's station;
(4) Does not require payment for local calls;
				  and
(5) Does not utilize any
				  cords.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Electrical - Special Provisions › Section 388-107-1020 - General

Current through Register Vol. 24-14, July 15, 2024
In areas accessed by residents, the facility must
					 have:
(1) Electrical receptacles that
				  are tamper-resistant or equipped with ground fault circuit
				  interrupters.
(2) Lights designed
				  to prevent unauthorized access and tampering.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Electrical - Special Provisions › Section 388-107-1030 - Backup power

Current through Register Vol. 24-14, July 15, 2024
(1) The facility
				  must have an alternate source of power and automatic transfer equipment to
				  connect the alternate source within ten seconds of the failure of the normal
				  source.
(2) The facility must
				  ensure the alternate source is a generator:
(a) With on-site fuel supply;
(b) That is permanently fixed in
				  place;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Licensing › Section 388-107-1040 - License and contract

Current through Register Vol. 24-14, July 15, 2024
An enhanced services facility must:
(1) Be licensed by the department;
(2) May be granted a contract by the
				  department; and
(3) Admit and keep
				  residents whose care is paid for under a department contract.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › License Required/Unlicensed Operator › Section 388-107-1050 - Unlicensed operation-Application of Consumer Protection Act

Current through Register Vol. 24-14, July 15, 2024
Operation of a facility without a license in violation of
					 this chapter and discrimination against medicaid recipients are a matter
					 vitally affecting the public interest for the purpose of applying the consumer
					 protection act,
					 chapter
					 19.86 RCW. Operation of an
					 enhanced services facility without a license in violation of this chapter is
					 not reasonable in relation to the development and preservation of business.
					 Such a violation is an unfair or deceptive act in trade or commerce and an
					 unfair method of competition for the purpose of applying the consumer
					 protection act,
					 chapter
					 19.86
					 RCW.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › License Required/Unlicensed Operator › Section 388-107-1060 - Unlicensed operation-Criminal penalty

Current through Register Vol. 24-14, July 15, 2024
A person operating or maintaining a facility without a
					 license under this chapter is guilty of a misdemeanor and each day of a
					 continuing violation after conviction must be considered a separate
					 offense.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › License Required/Unlicensed Operator › Section 388-107-1070 - Unlicensed operation-Injunction or other remedies

Current through Register Vol. 24-14, July 15, 2024
Notwithstanding the existence or use of any other remedy,
					 the department may, in the manner provided by law, maintain an action in the
					 name of the state for an injunction, civil penalty, or other process against a
					 person to restrain or prevent the operation or maintenance of a facility
					 without a license issued under this chapter.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › License Required/Unlicensed Operator › Section 388-107-1080 - Licensing fees

Current through Register Vol. 24-14, July 15, 2024
The enhanced services facility must:
(1) Submit an annual per bed license fee of
				  $1,040 based on the licensed bed capacity;
(2) Submit an additional late fee in the
				  amount of ten dollars per day from the license renewal date until the date of
				  mailing the fee, as evidenced by the postmark; and
(3) Submit to construction review services a
				  fee for the review of the construction documents per the review fee
				  schedule.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › License Required/Unlicensed Operator › Section 388-107-1090 - License valid and not transferable

Current through Register Vol. 24-14, July 15, 2024
(1) The enhanced services facility is
				  required to renew the license each year.
(2) The license remains valid unless:
(a) The department takes enforcement action
				  to suspend or revoke the license per law;
(b) The facility voluntarily surrenders the
				  license and closes the facility;
(c) The facility relinquishes the license;
				  or
(d) The facility fails to pay
				  the annual licensing fee.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › License Required/Unlicensed Operator › Section 388-107-1100 - Licensee's responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  enhanced services facility licensee is responsible for:
(a) The operation of the enhanced services
				  facility;
(b) Complying at all
				  times with the requirements of this chapter, chapter 70.97 RCW, and other
				  applicable laws and rules; and
(c)
				  The care and services provided to the enhanced services facility
				  residents.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › License Required/Unlicensed Operator › Section 388-107-1110 - Liability insurance required

Current through Register Vol. 24-14, July 15, 2024
The enhanced services facility must:
(1) Obtain liability insurance upon licensure
				  and maintain the insurance as required in WAC
				  388-107-1120 and
				  388-107-1130; and
(2) Have evidence of liability insurance
				  coverage available if requested by the department.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › License Required/Unlicensed Operator › Section 388-107-1120 - Liability insurance required-Commercial general liability insurance or business liability insurance-Coverage

Current through Register Vol. 24-14, July 15, 2024
The enhanced services facility must have commercial
					 general liability insurance or business liability insurance that
					 includes:
(1) Coverage for the acts
				  and omissions of any employee and volunteer;
(2) Coverage for bodily injury, property
				  damage, and contractual liability;
(3) Coverage for premises, operations,
				  independent contractor, products-completed operations, personal injury,
				  advertising injury, and liability assumed under an insured contract;
				  and
(4) Minimum limits of:
(a) Each occurrence at one million dollars;
				  and
(b) General aggregate at two
				  million dollars.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › License Required/Unlicensed Operator › Section 388-107-1130 - Liability insurance required-Professional liability insurance coverage

Current through Register Vol. 24-14, July 15, 2024
The enhanced services facility must have professional
					 liability insurance or error and omissions insurance if the enhanced services
					 facility licensee has a professional license, or employs professionally
					 licensed staff. The insurance must include:
(1) Coverage for losses caused by errors and
				  omissions of the enhanced services facility, its employees, and volunteers;
				  and
(2) Minimum limits of:
(a) Each occurrence at one million dollars;
				  and
(b) Aggregate at two million
				  dollars.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › INITIAL LICENSE APPLICATION › Section 388-107-1140 - Licensee qualifications

Current through Register Vol. 24-14, July 15, 2024
The department must consider separately and jointly as
					 applicants each person named in the application for an enhanced services
					 facility license.
(1) If the
				  department finds any person unqualified as specified in WAC
				  388-107-1290, the department must
				  deny, terminate, or not renew the license.
(2) If the department finds any person
				  unqualified as specified in WAC
				  388-107-1290, the department may
				  deny, terminate, or not renew the license.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › INITIAL LICENSE APPLICATION › Section 388-107-1150 - Application process

Current through Register Vol. 24-14, July 15, 2024
(1) To apply for an
				  enhanced services facility license, a person must:
(a) Submit to the department a complete
				  license application on forms designated by the department at least sixty days
				  prior to the proposed effective date of the license;
(b) Submit all relevant attachments specified
				  in the application;
(c) Submit
				  department background authorization forms;
(d) Sign the application;
(e) Submit the license fee;
(f) Submit verification that construction
				  plans have been approved by construction review services and verify that the
				  department has received an approved inspection by the state fire
				  marshal;
(g) Submit a revised
				  application before the license is issued if any information has changed since
				  the initial license application was submitted;
(h) Submit a revised application containing
				  current information about the proposed licensee or any other persons named in
				  the application, if a license application is pending for more than one year;
				  and
(i) If the licensee's agent
				  prepares an application on the licensee's behalf, the licensee must review,
				  sign and attest to the accuracy of the information contained in the
				  application.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › INITIAL LICENSE APPLICATION › Section 388-107-1160 - Necessary information

Current through Register Vol. 24-14, July 15, 2024
In making a determination whether to issue an enhanced
					 services facility license, in addition to the information for each person named
					 in the application, the department may review other documents and information
					 the department deems relevant, including inspection and complaint investigation
					 findings for each facility with which the applicant or any partner, officer,
					 director, managerial employee, or owner of five percent or more of the
					 applicant has been affiliated.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › INITIAL LICENSE APPLICATION › Section 388-107-1170 - Department access

Current through Register Vol. 24-14, July 15, 2024
(1) The applicant
				  must allow department staff to inspect the entire premises including all of the
				  facility's rooms, buildings, grounds, and equipment and all pertinent records
				  during the initial licensing of the facility.
(2) During inspections and complaint
				  investigations, the enhanced services facility must give department staff
				  access to:
(a) The entire premises;
(b) Examine all areas and articles in the
				  facility that are used to provide care or support to residents, including the
				  physical premises and residents' records and accounts;
(c) All records related to the residents or
				  operation of the facility; and
(d)
				  Interview anyone determined to have information pertinent to the inspection or
				  investigation, including but not limited to the provider, staff, family
				  members, individuals residing in the facility, and residents.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › INITIAL LICENSE APPLICATION › Section 388-107-1180 - Administrator qualifications- General

Current through Register Vol. 24-14, July 15, 2024
The licensee must appoint an administrator who:
(1) Is at least twenty-one years
				  old;
(2) Has a bachelor's degree in
				  social sciences, social services, human services, behavioral sciences, or an
				  allied medical field;
(3) Meets the
				  training requirements under chapter 388-112A WAC and has specialized training
				  in the provision of the care and services required for vulnerable adults with
				  dementia, mental health and behavioral issues;
(4) Has at least one year of full-time
				  experience working with vulnerable populations with complex personal care and
				  behavioral needs;
(5) Knows and
				  understands how to apply Washington state statutes and administrative rules
				  related to the operation of a long-term care facility; and
(6) Is qualified to perform the
				  administrator's responsibilities specified in WAC
				  388-107-1190.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › INITIAL LICENSE APPLICATION › Section 388-107-1190 - Administrator responsibilities

Current through Register Vol. 24-14, July 15, 2024
The licensee must ensure the administrator:
(1) Directs and supervises the overall
				  twenty-four hour per day operation of the enhanced services facility;
(2) Ensures residents receive the care and
				  services identified in their person-centered service plans and
				  assessments;
(3) Is readily
				  accessible to meet with residents;
(4) Complies with the enhanced services
				  facility's policies; and
(5) When
				  not available at the facility, is either available by telephone or has
				  designated a person approved by the licensee to act in place of the
				  administrator who is:
(a) Qualified by
				  experience to assume designated duties; and
(b) Authorized to make necessary decisions
				  and direct operations of the enhanced services facility during the
				  administrator's absence.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › INITIAL LICENSE APPLICATION › Section 388-107-1200 - Notification of change in administrator

Current through Register Vol. 24-14, July 15, 2024
The licensee must notify the department in writing within
					 ten calendar days of the effective date of a change in the enhanced services
					 facility administrator. The notice must include the full name and
					 qualifications of the new administrator and the effective date of the
					 change.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1205 - Background checks-General

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Background checks conducted by the department and required in this chapter
				  include:
(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 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1210 - Background checks-Who is required to have

Current through Register Vol. 24-14, July 15, 2024
(1) Applicants for an enhanced services
				  facility license must have the following background checks before licensure:
(a) A Washington state name and date of birth
				  background check; and
(b) A
				  national fingerprint background check.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1215 - Background checks-Process-Background authorization form

Current through Register Vol. 24-14, July 15, 2024
Before the enhanced services facility employs, directly or
					 by contract, an administrator, staff person or caregiver, or accepts any
					 volunteer, or student, the home must:
(1) Require the person to complete a DSHS
				  background authorization form; and
(2) Submit to the department's background
				  check central unit, including any additional documentation and information
				  requested by the department.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1220 - Background checks-Washington state name and date of birth background check

Current through Register Vol. 24-14, July 15, 2024
Unless the individual is eligible for an exception under
					 WAC 388-113-0040, if the results of
					 the Washington state name and date of birth background check indicate the
					 person has a disqualifying criminal conviction or a pending charge for a
					 disqualifying crime under chapter 388-113 WAC, or a disqualifying negative
					 action under WAC
					 388-107-1290, then the enhanced
					 services facility must:
(1) Not
				  employ, directly or by contract, a caregiver, administrator, or staff person;
				  and
(2) Not allow a volunteer or
				  student to have unsupervised access to residents.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1230 - Background checks-National fingerprint background check

Current through Register Vol. 24-14, July 15, 2024
(1) Administrators and all caregivers 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 of the
				  national fingerprint background check the enhanced services facility must not
				  employ, directly or by contract, an administrator or caregiver who has a
				  disqualifying criminal conviction or pending charge for a disqualifying crime
				  under chapter 388-113 WAC, or
(3)
				  The enhanced services facility may accept a copy of the national fingerprint
				  background check results letter and any additional information from the
				  department's background check central unit from an individual who previously
				  completed a national fingerprint check through the department's background
				  check central unit, provided the national fingerprint background check was
				  completed after January 7, 2012.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1240 - Background check-Results-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 enhanced services facility must:
(a) Inform the person of the results of the
				  background check;
(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 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
				  388-107-1290.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1250 - 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 enhanced services facility must ensure:
(a) A new DSHS background authorization form
				  is submitted to the department's background check central unit every two years
				  for all administrators, caregivers, staff persons, volunteers and students;
				  and
(b) There is a valid Washington
				  state name and date of birth background check for all administrators,
				  caregivers, staff persons, volunteers and students.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1252 - Background check-Sharing 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 checks may not
					 be shared. For the purposes of the section health care facility means a nursing
					 home licensed under
					 chapter
					 18.51 RCW, an assisted
					 living facility license under chapter 18.20 RCW, an enhanced services facility
					 license under chapter 70.97 RCW, or an adult family home licensed under chapter
					 70.128 RCW.
(1) The 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 individual was last employed at a
				  licensed health care facility and the date of the individual's current
				  employment application;
(c) The
				  background check is no more than two years old; and
(d) The enhanced services facility has no
				  reason to believe the individual has a disqualifying criminal conviction or
				  pending charge for a disqualifying crime under chapter 388-113 WAC, a negative
				  action that is disqualifying under WAC
				  388-107-1290.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1260 - 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
The enhanced services facility may conditionally hire an
					 administrator, caregiver, or staff person directly or by contract, pending the
					 result of the Washington state name and date of birth background check,
					 provided that the enhanced services facility:
(1) Submits the background authorization form
				  for the person to the department no later than one business day after he or she
				  starts working;
(2) Requires the
				  person to sign a disclosure statement indicating if he or she has a
				  disqualifying crime under chapter 388-113 WAC, or a negative action that is
				  disqualifying under WAC
				  388-107-1290;
(3) Has received three positive references
				  for the person;
(4) Does not allow
				  the person to have unsupervised access to any resident;
(5) Ensures direct supervision of the
				  administrator, all caregivers, and staff persons; and
(6) Ensures that the person is competent, and
				  receives the necessary training to perform assigned tasks and meets the
				  training requirements under chapter 388-112 WAC.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1270 - Background checks-Employment-Provisional hire-Pending results of national fingerprint background check

Current through Register Vol. 24-14, July 15, 2024
The enhanced services facility may provisionally employ a
					 caregiver and an administrator hired after January 7, 2012, for one hundred
					 twenty-days and allow the caregiver or administrator to have unsupervised
					 access to residents when:
(1) The
				  caregiver or administrator 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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1280 - Background check-Disclosure statement

Current through Register Vol. 24-14, July 15, 2024
(1) The enhanced services facility must
				  require each administrator, caregiver, staff person, volunteer and student,
				  prior to starting his or her duties, to make disclosures of any crimes or
				  findings consistent with
				  RCW
				  43.43.834(2). The
				  disclosures must be in writing and signed by the person under penalty of
				  perjury.
(2) The department may
				  require the enhanced services facility or any administrator, caregiver, staff
				  person, volunteer or student to complete additional disclosure statements or
				  background authorization forms if the department has reason to believe that 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
				  388-107-1290 have occurred since
				  completion of the previous disclosure statement or background check.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1290 - Background check-Employment-disqualifying information-Disqualifying negative actions

Current through Register Vol. 24-14, July 15, 2024
(1) The enhanced
				  services facility must not employ an administrator, caregiver, or staff person,
				  to have unsupervised access to residents, as defined in
				  RCW
				  43.43.830, the individual has a disqualifying
				  criminal conviction or pending charge for a disqualifying crime under chapter
				  388-113 WAC, unless the individual is eligible for an exception under WAC
				  388-113-0040.
(2) The enhanced services facility must not
				  employ an administrator, caregiver, or staff person, or allow an administrator,
				  caregiver, or staff person to have unsupervised access to residents, as defined
				  in RCW
				  43.43.830, if the individual has one or more
				  of the following disqualifying negative actions:
(a) 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;
(b) The individual is a registered sex
				  offender;
(c) 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;
(d) 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;
(e) The individual was found in any
				  dependency action to have sexually assaulted or exploited any child or to have
				  physically abused any child;
(f)
				  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;
(g)
				  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
(h)
				  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 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1300 - Background checks-Employment-Non-disqualifying information

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				  background check results show that an employee or prospective employee has a
				  criminal conviction or pending charge for a crime that is not a disqualifying
				  crime under chapter 388-113 WAC, then the enhanced services facility must
				  determine whether the person has the character, competence and suitability to
				  work with vulnerable adults in long-term care.
(2) Nothing in this section should be
				  interpreted as requiring the employment of any person against the better
				  judgment of the enhanced services facility.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Criminal History Background Check › Section 388-107-1310 - Background check-Confidentiality-Use restricted-Retention

Current through Register Vol. 24-14, July 15, 2024
The enhanced services facility must ensure that all
					 disclosure statements, background authorization forms, background check results
					 and related information are:
(1)
				  Maintained on-site in a confidential and secure manner;
(2) Used for employment purposes
				  only;
(3) Not disclosed to anyone
				  except to the individual, authorized state and federal employees, the
				  Washington state patrol auditor, persons or health care facilities authorized
				  by chapter 43.43
				  RCW; and
(4) Retained and available
				  for department review during the individual's employment or association with a
				  facility and for at least two years after termination of the employment or
				  association.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Annual Renewal of License/Change in Bed Capacity › Section 388-107-1320 - Annual renewal

Current through Register Vol. 24-14, July 15, 2024
To renew an enhanced services facility license, the
					 enhanced services facility must, when renewal of license notification is
					 received, submit the annual license fee, at least thirty days prior to the
					 license expiration date.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Annual Renewal of License/Change in Bed Capacity › Section 388-107-1330 - Changes in licensed bed capacity

Current through Register Vol. 24-14, July 15, 2024
To change the licensed bed capacity in an enhanced
					 services facility, the enhanced services facility must:
(1) Be sixteen beds or less;
(2) Have met the applicable building
				  requirements;
(3) Submit a
				  completed request for approval to the department at least one week before the
				  intended change;
(4) Submit the
				  prorated fee for additional beds if applicable; and
(5) Post an amended license obtained from the
				  department, indicating the new bed capacity.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Change of Licensee/Ownership › Section 388-107-1340 - Change in licensee/change of ownership-When change in licensee is required

Current through Register Vol. 24-14, July 15, 2024
The licensee of an enhanced services facility must change
					 whenever the following events occur:
(1) The licensee's form of legal organization
				  is changed (e.g., a sole proprietor forms a partnership or
				  corporation);
(2) The licensee
				  transfers ownership of the enhanced services facility business enterprise to
				  another party regardless of whether ownership of some or all of the real
				  property and/ or personal property assets of the enhanced services facility is
				  also transferred;
(3) The licensee
				  dissolves, consolidates or merges with another legal organization and the
				  licensee's legal organization does not survive;
(4) If, during any continuous
				  twenty-four-month period, fifty percent or more of the "licensed entity is
				  transferred, whether by a single transaction or multiple transactions, to:
(a) A different person (e.g., new or former
				  shareholders or partners); or
(b) A
				  person that had less than a five percent ownership interest in the enhanced
				  services facility at the time of the first transaction.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Change of Licensee/Ownership › Section 388-107-1350 - Change in licensee/change of ownership-When change in licensee not required

Current through Register Vol. 24-14, July 15, 2024
The licensee is not required to change when only the
					 following, without more, occur:
(1)
				  The licensee contracts with a party to manage the enhanced services facility
				  enterprise for the licensee pursuant to an agreement as specified in WAC
				  388-107-1630; or
(2) The real property or personal property
				  assets of the enhanced services facility are sold or leased, or a lease of the
				  real property or personal property assets is terminated, as long as there is
				  not a substitution or substitution of control of the licensee or enhanced
				  services facility.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Change of Licensee/Ownership › Section 388-107-1360 - Change in licensee/change of ownership-Application

Current through Register Vol. 24-14, July 15, 2024
(1) The prospective licensee must complete,
				  sign and submit to the department a change of ownership application prior to
				  the proposed date of change in licensee.
(2) The annual enhanced services facility
				  license fee, if a license fee is due, must accompany the change in ownership
				  application.
(3) The prospective
				  licensee must submit, along with the change of ownership application, the
				  following information:
(a) Evidence of control
				  of the real estate on which the enhanced services facility is located, such as
				  a purchase and sales agreement, lease contract, or other appropriate document;
				  and
(b) Any other information
				  requested by the department.