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 › Change of Licensee/Ownership › Section 388-107-1370 - Change in licensee/change of ownership-Revised application

Current through Register Vol. 24-14, July 15, 2024
The prospective licensee must submit a revised application
					 to the department if:
(1) Any
				  information included on the original application is no longer accurate;
				  or
(2) 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 › Change of Licensee/Ownership › Section 388-107-1380 - Change in licensee/change of ownership-Notice to department and residents

Current through Register Vol. 24-14, July 15, 2024
(1) In order to
				  change the licensee of an enhanced services facility, the current licensee must
				  notify the following in writing of the proposed change in licensee:
(a) The department; and
(b) All residents, or resident
				  representatives (if any).
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 388-107-1390 - Change in licensee/change of ownership-Relinquishment of license

Current through Register Vol. 24-14, July 15, 2024
(1) On the
				  effective date of the change in licensee, the current enhanced services
				  facility licensee is required to relinquish its enhanced services facility
				  license.
(2) To relinquish a
				  license, the licensee must mail to the department the enhanced services
				  facility license along with a letter, addressed to the department, stating
				  licensee's intent to relinquish the enhanced services facility license to 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 › Change of Licensee/Ownership › Section 388-107-1400 - Change in licensee/change of ownership-Ninety days' notice

Current through Register Vol. 24-14, July 15, 2024
The current enhanced services facility licensee must
					 provide written notice to the department and residents, or resident
					 representatives (if any), ninety calendar days prior to the date of the change
					 of licensee, if the proposed change of enhanced services facility licensee is
					 anticipated to result in the discharge or transfer of any
					 resident.
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 388-107-1410 - Change in licensee/change of ownership-Sixty days' notice

Current through Register Vol. 24-14, July 15, 2024
The current enhanced services facility licensee must
					 provide written notice to the department and residents, or resident
					 representatives (if any), at least sixty calendar days prior to the date of the
					 change of licensee, if the proposed change of enhanced services facility
					 licensee is not anticipated to result in the discharge or transfer of any
					 resident.
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 388-107-1420 - Inspections

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  must make at least one inspection of each facility prior to licensure and an
				  unannounced full inspection of facilities at least once every eighteen months.
				  The statewide average interval between full facility inspections must be
				  fifteen months.
(2) Any duly
				  authorized officer, employee, or agent of the department may enter and inspect
				  any facility at any time to determine that the facility is in compliance with
				  this chapter and applicable rules, and to enforce any provision of this
				  chapter. Complaint inspections must be unannounced and conducted in such a
				  manner as to ensure maximum effectiveness. No advance notice must be given of
				  any inspection unless authorized or required by federal law.
(3) During inspections, the facility must
				  give the department access to areas, materials, and equipment used to provide
				  care or support to residents, including resident and staff records, accounts,
				  and the physical premises, including the buildings, grounds, and equipment. The
				  department has the authority to privately interview the provider, staff,
				  residents, and other individuals familiar with resident care and
				  treatment.
(4) Any public employee
				  giving advance notice of an inspection in violation of this section must be
				  suspended from all duties without pay for a period of not less than five nor
				  more than fifteen days.
(5) The
				  department must prepare a written report describing the violations found during
				  an inspection, and must provide a copy of the inspection report to the
				  facility.
(6) The facility must
				  develop a written plan of correction for any violations identified by the
				  department and provide a plan of correction to the department within ten
				  working days from the receipt of the inspection report.
(7) The facility must ensure the
				  administrator or the administrator's designee is available during any
				  inspection or complaint investigation to respond to questions or issues
				  identified by department staff.
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 388-107-1421 - Inspection timelines

Current through Register Vol. 24-14, July 15, 2024
(1) In response
				  to the COVID-19 pandemic, the governor suspended the requirement for the
				  department to conduct full licensing inspections of enhanced services
				  facilities required by
				  RCW
				  70.97.160(1).
(2) During the suspension of the full
				  licensing inspection requirements, the department continued to conduct
				  complaint investigations in enhanced services facilities when it became aware
				  of information that indicated an immediate threat to resident health and safety
				  may exist.
(3) The department must
				  prioritize and resume full licensing inspections of enhanced services
				  facilities affected by the suspension of the inspection requirements by
				  applying the following criteria collectively:
(a) The department has identified an ongoing
				  threat to the health and safety of residents through one or more reported
				  complaints, previous inspections, or previous investigations;
(b) Whether the enhanced services facility
				  has had a remedy imposed in the last 24 months; and
(c) The length of time since the last full
				  licensing inspection 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 › Change of Licensee/Ownership › Section 388-107-1422 - Denial, suspension, revocation, or nonrenewal of license statutorily required

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  must deny, suspend, revoke, or refuse to renew an enhanced services facility
				  license if any person described in subsection (2) of this section is found by
				  the department to have:
(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 388-107 - Licensing requirements for enhanced services facilities › Change of Licensee/Ownership › Section 388-107-1430 - Enforcement authority-Penalties and sanctions

Current through Register Vol. 24-14, July 15, 2024
(1) In any case in which the department finds
				  that a licensee of a facility, or any partner, officer, director, owner of five
				  percent or more of the assets of the facility, managing employee, any person
				  who may have unsupervised access to residents or failed or refused to comply
				  with the requirements of this chapter or the rules established under them, the
				  department may take any or all of the following actions:
(a) Suspend, revoke, or refuse to issue or
				  renew a license;
(b) Order stop
				  placement; or
(c) Assess civil
				  monetary penalties.
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 388-107-1432 - Circumstances that may result in enforcement remedies

Current through Register Vol. 24-14, July 15, 2024
(1) The department is authorized to impose
				  enforcement remedies described in WAC
				  388-107-1440 if any person
				  described in subsection (2) of this section is found by the department to have:
(a) A history of significant noncompliance
				  with federal or state laws or regulations in providing care or services to
				  frail elders, vulnerable adults or children, whether as a licensee, contractor,
				  managerial employee or otherwise. Evidence of significant noncompliance may
				  include, without limitation:
(i) Citations for
				  violation of laws or regulations imposed by regulating entities;
(ii) Sanctions for violation of laws or
				  regulations imposed by regulating entities;
(iii) Involuntary termination, cancellation,
				  suspension, or nonrenewal of a Medicaid contract or Medicare provider
				  agreement, or any other agreement with a public agency for the care or
				  treatment of children, frail elders or vulnerable adults;
(iv) Been denied a license or contract
				  relating to the care of frail elders, vulnerable adults or children;
				  or
(v) Relinquished or failed to
				  renew a license or contract relating to care of frail elders, vulnerable adults
				  or children following written notification of the licensing agency's initiation
				  of denial, suspension, cancellation or revocation of a 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 › Change of Licensee/Ownership › Section 388-107-1440 - Enforcement orders-Hearings

Current through Register Vol. 24-14, July 15, 2024
(1) All
				  orders of the department denying, suspending, or revoking the license or
				  assessing a monetary penalty must become final twenty days after the same has
				  been served upon the applicant or licensee unless a hearing is
				  requested.
(2) All orders of the
				  department imposing stop placement, temporary management, emergency closure,
				  emergency transfer, or summary license suspension must be effective immediately
				  upon notice, pending any hearing.
(3) Subject to the requirements of subsection
				  (2) of this section, all hearings under this chapter and judicial review of
				  such determinations must be in accordance with the administrative procedure
				  act, chapter 34.05
				  RCW and chapter 388-02 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 › General Notice Requirements › Section 388-107-1560 - Notice-Service complete

Current through Register Vol. 24-14, July 15, 2024
Service of the department notices is complete when:
(1) Personal service is made;
(2) The notice is addressed to the individual
				  or facility at his or her last known address, and deposited in the United
				  States mail;
(3) The notice is
				  faxed and the department receives evidence of transmission;
(4) Notice is delivered to a commercial
				  delivery service with charges prepaid; or
(5) Notice is delivered to a legal messenger
				  service with charges prepaid.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › General Notice Requirements › Section 388-107-1570 - Notice-Proof of service

Current through Register Vol. 24-14, July 15, 2024
The department may establish proof of service by any of
					 the following:
(1) A declaration of
				  personal service;
(2) An affidavit
				  or certificate of mailing to the enhanced services facility or to the
				  individual to whom notice is directed;
(3) A signed receipt from the person who
				  accepted the certified mail, the commercial delivery service, or the legal
				  messenger service package; or
(4)
				  Proof of fax transmission.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Policies › Section 388-107-1590 - Emergency response teams

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  enhanced services facility must have a plan in place to address emergency
				  responses to behavioral crisis in order to protect the residents, staff and
				  community.
(2) The enhanced
				  services facility must develop a policy of emergency response notification,
				  including after-hours notification. Subjects of notification may include:
(a) Law enforcement;
(b) Chemical dependency or mental health
				  professional;
(c) Emergency medical
				  personnel;
(d) Program
				  administrator and supervisor;
(e)
				  Resident's case manager; and
(f)
				  Facility treatment team.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Policies › Section 388-107-1600 - Emergency disaster plan

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  enhanced services facility must develop and implement detailed written plans
				  and procedures to meet potential emergencies and disasters. At a minimum, the
				  enhanced services facility must ensure these plans provide for:
(a) Fire or smoke;
(b) Severe weather;
(c) Loss of power;
(d) Earthquake;
(e) Explosion;
(f) Missing resident, elopement;
(g) Loss of normal water supply;
(h) Bomb threats;
(i) Armed individuals;
(j) Gas leak, or loss of service;
(k) Loss of heat supply;
(l) Accounting for residents during a
				  disaster; and
(m) Plans for
				  evacuation of the 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 › Policies › Section 388-107-1610 - Pets

Current through Register Vol. 24-14, July 15, 2024
(1) Each resident
				  must have a reasonable opportunity to have regular contact with animals, if
				  desired.
(2) The enhanced services
				  facility must:
(a) Consider the
				  recommendations of enhanced services facility residents and staff;
(b) Determine how to provide resident's
				  access to animals;
(c) Determine
				  the type and number of animals available in the facility, which the facility
				  can safely manage. Such animals should include only those customarily
				  considered domestic pets;
(d)
				  Ensure that any resident's rights, preferences, and medical needs are not
				  compromised by the presence of an animal; and
(e) Ensure any animal visiting or living on
				  the premises has a suitable temperament, is healthy, and otherwise poses no
				  significant health or safety risks to residents, staff, or visitors.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Policies › Section 388-107-1620 - Management agreements/subcontracting staff

Current through Register Vol. 24-14, July 15, 2024
(1) If the proposed or current licensee uses
				  a manager, the licensee must have a written management agreement approved by
				  the department that is consistent with this chapter.
(2) The proposed or current licensee must
				  notify the department of its use of a manager upon:
(a) Initial application for a
				  license;
(b) Retention of a manager
				  following initial application;
(c)
				  Change of managers; and
(d)
				  Modification of existing management agreement.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Policies › Section 388-107-1630 - Management agreements-Licensee

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The licensee is responsible for:
(a) The
				  daily operations and provisions of services in the enhanced services
				  facility;
(b) Ensuring the enhanced
				  services facility is operated in a manner consistent with all laws and rules
				  applicable to enhanced services facilities;
(c) Ensuring the manager acts in conformance
				  with a department approved management agreement; and
(d) Ensuring the manager does not represent
				  itself as, or give the appearance that it is the licensee.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Policies › Section 388-107-1640 - Management agreements-Terms of agreement

Current through Register Vol. 24-14, July 15, 2024
Management agreements, at a minimum must:
(1) Describe the responsibilities of the
				  licensee and manager, including items, services, and activities to be
				  provided;
(2) Require the
				  licensee's governing body, board of directors, or similar authority to appoint
				  the facility administrator;
(3)
				  Provide for the maintenance and retention of all records in accordance with
				  this chapter and other applicable laws;
(4) Allow unlimited access by the department
				  to documentation and records according to applicable laws or
				  regulations;
(5) Require the
				  manager to immediately send copies of inspections and notices of noncompliance
				  to the licensee;
(6) State that the
				  licensee is responsible for reviewing, acknowledging and signing all enhanced
				  services facility initial and renewal license applications;
(7) State that the manager and licensee will
				  review the management agreement annually and notify the department of any
				  change according to applicable regulations;
(8) Acknowledge that the licensee is the
				  party responsible for complying with all laws and rules applicable to enhanced
				  services facilities;
(9) Require
				  the licensee to maintain ultimate responsibility over personnel issues relating
				  to the operation of the enhanced services facility and care of the residents,
				  including but not limited to, staffing plans, orientation and
				  training;
(10) State the manager
				  will not represent itself, or give the appearance it is the licensee;
				  and
(11) State that a duly
				  authorized manager may execute resident agreements on behalf of the licensee,
				  but all such resident agreements must be between the licensee and the
				  resident.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-107 - Licensing requirements for enhanced services facilities › Policies › Section 388-107-1650 - Management agreements-Department review

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a proposed management agreement, the
					 department may require:
(1) The
				  proposed or current licensee or manager to provide additional information or
				  clarification;
(2) Any changes
				  necessary to:
(a) Bring the management
				  agreement into compliance with this chapter; and
(b) Ensure that the licensee has not been
				  relieved of the responsibility for the daily operations of the
				  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 › Policies › Section 388-107-1660 - Management agreements-Resident funds

Current through Register Vol. 24-14, July 15, 2024
(1) If the management agreement delegates
				  day-to-day management of resident funds to the manager, the licensee:
(a) Retains all fiduciary and custodial
				  responsibility for funds that have been deposited with the enhanced services
				  facility by the resident;
(b) Is
				  directly accountable to the residents for such funds; and
(c) Must ensure any party responsible for
				  holding or managing residents' personal funds is bonded or obtains insurance in
				  sufficient amounts to specifically cover losses of resident funds; and provides
				  proof of bond or insurance.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part I - ALL CONTRACTED RESIDENTIAL CARE SERVICE › Section 388-110-005 - Authority

Current through Register Vol. 24-14, July 15, 2024
The following rules are adopted under
					 RCW
					 74.39A.010,
					 74.39A.020,
					 74.39A.060, and
					 74.39A.070.
Statutory Authority:
						RCW
						74.39A.010,
						74.39A.020,
						74.39A.060,
						74.39A.070, and chapter 74.39A
						RCW. 04-16-063, § 388-110-005, filed 7/30/04, effective 9/1/04. Statutory
						Authority:
						RCW
						74.39A.010,
						74.39A.020,
						74.39A.060,
						74.39A.080,
						74.39A.170,
						18.88A.210 -[18.88A.]240 and
						70.129.040. 96-11-045 (Order 3979), § 388-110-005, filed 5/8/96, effective
						6/8/96.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part I - ALL CONTRACTED RESIDENTIAL CARE SERVICE › Section 388-110-010 - Scope and applicability

Current through Register Vol. 24-14, July 15, 2024
(1) These
				  rules apply only to assisted living facilities licensed under chapter 18.20
				  RCW, or assisted living facilities located within the boundaries of a federally
				  recognized Indian reservation and licensed by a tribe, that contract with the
				  department to provide assisted living services, enhanced adult residential
				  care, enhanced adult residential care-specialized dementia care services, or
				  adult residential care.
(2) Only
				  services provided to or on behalf of the assisted living services, enhanced
				  adult residential care, enhanced adult residential care-specialized dementia
				  care services, or adult residential care resident, and paid for fully or
				  partially by the department shall be subject to these rules.
Statutory Authority:
						RCW
						74.39A.010,
						74.39A.020,
						74.39A.060,
						74.39A.070, and chapter 74.39A
						RCW. 04-16-063, § 388-110-010, filed 7/30/04, effective 9/1/04. Statutory
						Authority:
						RCW
						74.39A.010,
						74.39A.020,
						74.39A.060,
						74.39A.080,
						74.39A.170,
						18.88A.210 -[18.88A.]240 and
						70.129.040. 96-11-045 (Order 3979), § 388-110-010, filed 5/8/96, effective
						6/8/96.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part I - ALL CONTRACTED RESIDENTIAL CARE SERVICE › Section 388-110-030 - Contract application

Current through Register Vol. 24-14, July 15, 2024
(1) In order to
				  apply for a contract with the department to provide assisted living services,
				  enhanced adult residential care, enhanced adult residential care-specialized
				  dementia care services, or adult residential care, an applicant must:
(a) Have a valid assisted living facility
				  license issued by the department or tribe, or have applied for an assisted
				  living facility license for the assisted living facility at which the
				  contracted services will be provided;
(b) Complete and submit a contract
				  application on department provided forms at least ninety days before the
				  requested effective date for the contract; and
(c) Provide information regarding any
				  licensed care facilities with which any of the following have been affiliated
				  within the last ten years:
(i) The
				  applicant;
(ii) Any partner, or
				  owner of five percent or more of the applicant; and
(iii) Any officer, director, or managerial
				  employee of the applicant.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part I - ALL CONTRACTED RESIDENTIAL CARE SERVICE › Section 388-110-040 - Contract qualifications

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department must consider separately and jointly as applicants each person and
				  entity named in the application for a contract for assisted living services,
				  enhanced adult residential care, enhanced adult residential care-specialized
				  dementia care services, or adult residential care. If the department finds any
				  person or entity unqualified, the department must deny the contract.
(2) In making a determination whether to
				  grant a contract, the department must review and consider:
(a) The information in the
				  application;
(b) Other documents
				  and information the department deems relevant, including inspection and
				  complaint investigation findings for each licensed care facility, and each care
				  facility that was required by law to be licensed but was not, with which any of
				  the following have been affiliated within the last ten years:
(i) The applicant;
(ii) Any partner, or owner of five percent or
				  more of the applicant; or
(iii) Any
				  officer, director, or managerial employee of the applicant.
(c) The history and quality of
				  services provided by the applicant; and
(d) Funding from the legislature available to
				  the department to purchase residential care.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part I - ALL CONTRACTED RESIDENTIAL CARE SERVICE › Section 388-110-050 - Change of contractor

Current through Register Vol. 24-14, July 15, 2024
(1) A change of
				  contractor must occur when there is a change in the assisted living facility
				  licensee per WAC
				  388-78A-2770.
(2) When a change of licensee and contractor
				  is contemplated, the current contractor must notify the department and all
				  residents and residents' representatives at least ninety days prior to the
				  proposed date of change. The notice must be in writing and must contain the
				  following information:
(a) Name of the
				  present contractor and prospective contractor;
(b) Name and address of the boarding home
				  being changed; and
(c) Date of
				  proposed change.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part I - ALL CONTRACTED RESIDENTIAL CARE SERVICE › Section 388-110-070 - General service standards

Current through Register Vol. 24-14, July 15, 2024
The contractor must:
(1) Provide the services agreed upon in the
				  resident's negotiated service agreement and approved by the department case
				  manager consistent with WAC
				  388-78A-2150, including any
				  reasonable accommodations required by chapter 70.129 RCW, Long-term care
				  residents rights; and
(2) Provide
				  the resident and case manager with a copy of the negotiated service agreement
				  developed according to chapter 388-78A WAC.
Statutory Authority:
						RCW
						74.39A.010,
						74.39A.020,
						74.39A.060,
						74.39A.070, and chapter 74.39A
						RCW. 04-16-063, § 388-110-070, filed 7/30/04, effective 9/1/04. Statutory
						Authority:
						RCW
						74.39A.010,
						74.39A.020,
						74.39A.060,
						74.39A.080,
						74.39A.170,
						18.88A.210 -[18.88A.]240 and
						70.129.040. 96-11-045 (Order 3979), § 388-110-070, filed 5/8/96, effective
						6/8/96.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part I - ALL CONTRACTED RESIDENTIAL CARE SERVICE › Section 388-110-090 - Administration

Current through Register Vol. 24-14, July 15, 2024
The contractor must:
(1) Maintain substantial compliance with all
				  requirements of chapters 18.20 RCW, Assisted living facilities, and 70.129 RCW,
				  Long-term care resident rights, and chapters 388-78A WAC, Assisted living
				  facilities licensing rules, and 388-105 WAC medicaid rates for contracted home
				  and community residential care services;
(2) Permit department representatives to
				  enter the assisted living facility without prior notification and cooperate
				  with department representatives as they monitor the contract requirements under
				  this chapter and conduct complaint investigations, including but not limited to
				  observing and privately interviewing residents, and accessing resident
				  records.
Statutory Authority:
						RCW
						74.39A.010,
						74.39A.020,
						74.39A.060,
						74.39A.070, and chapter 74.39A
						RCW. 04-16-063, § 388-110-090, filed 7/30/04, effective 9/1/04. Statutory
						Authority:
						RCW
						74.39A.010,
						74.39A.020,
						74.39A.060,
						74.39A.080,
						74.39A.170,
						18.88A.210 -[18.88A.]240 and
						70.129.040. 96-11-045 (Order 3979), § 388-110-090, filed 5/8/96, effective
						6/8/96.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part I - ALL CONTRACTED RESIDENTIAL CARE SERVICE › Section 388-110-100 - Discharge, social leave, and bed hold

Current through Register Vol. 24-14, July 15, 2024
The contractor is not required to discharge (move out) and
					 readmit a resident for absences of less then twenty-one consecutive days. The
					 contractor must:
(1) Note an absence
				  in a resident's record when a resident is absent from the assisted living
				  facility for more than seventy-two consecutive hours;
(2) Obtain department approval for payment
				  for social leave in excess of eighteen calendar days per year;
(3) Notify the department within one working
				  day whenever the resident:
(a) Is
				  hospitalized;
(b) Is discharged to
				  another assisted living facility, nursing home or other health care
				  facility;
(c) Dies; or
(d) Is missing from the assisted living
				  facility and his or her whereabouts are unknown.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part I - ALL CONTRACTED RESIDENTIAL CARE SERVICE › Section 388-110-120 - Resident personal funds

Current through Register Vol. 24-14, July 15, 2024
(1) Upon
				  the death of a resident, the contractor must promptly convey the resident's
				  personal funds held by the assisted living facility with a final accounting of
				  such funds to the department or to the individual or probate jurisdiction
				  administering the resident's estate no later than forty-five calendar days
				  after the date of the resident's death:
(a)
				  When the personal funds of the deceased resident must be paid to the state of
				  Washington, those funds and the final accounting shall be made payable to the
				  secretary, department of social and health services, and sent to the Office of
				  Financial Recovery, Estate Recovery Unit, P.O. Box 9501, Olympia, Washington
				  98507-9501, or such address as may be directed by the department in the
				  future;
(b) The check and final
				  accounting accompanying the payment must contain the name and Social Security
				  number of the deceased individual from whose personal funds account the moneys
				  are being paid; and
(c) The
				  department of social and health services shall establish a release procedure
				  for use of funds necessary for burial expenses.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part II - ASSISTED LIVING SERVICE › Section 388-110-140 - Assisted living services facility physical requirements

Current through Register Vol. 24-14, July 15, 2024
(1) Licensed
				  assisted living facilities with an assisted living services contract are
				  required to:
(a) Meet the physical
				  requirements that were in effect at the time of initial contracting;
				  or
(b) If there is a break in
				  contract, meet the requirements in effect at the time of the new
				  contract.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part II - ASSISTED LIVING SERVICE › Section 388-110-150 - Assisted living service standards

Current through Register Vol. 24-14, July 15, 2024
In an assisted living facility with an assisted living
					 contract, the contractor must meet the requirements of parts I and II of this
					 chapter, and for residents served under the assisted living contract:
(1) Ensure that both the physical environment
				  and the delivery of assisted living services are designed to enhance autonomy
				  in ways which reflect personal and social values of dignity, privacy,
				  independence, individuality, choice and decision making of residents. The
				  contractor must provide resident services in a homelike environment for
				  residents who may have a range of needs and preferences.
(2) Must provide or arrange for, at no
				  additional cost to the resident and consistent with chapter 388-78A WAC:
(a) Intermittent nursing services;
(b) Medication administration;
(c) Personal care services; and
(d) Supportive services that promote
				  independence and self-sufficiency.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part III - ENHANCED ADULT RESIDENTIAL CAR › Section 388-110-220 - Enhanced adult residential care service standards

Current through Register Vol. 24-14, July 15, 2024
(1) In assisted living facility with an
				  enhanced adult residential care contract, the contractor must meet the
				  requirements of parts I and III of this chapter, and for residents served under
				  the enhanced adult residential care contract:
(a) Develop for each resident a negotiated
				  service agreement that supports the principles of dignity, privacy, choice in
				  decision making, individuality, and independence.
(b) Provide or arrange for, at no additional
				  cost to the resident and consistent with the resident's negotiated service
				  agreement and chapter 388-78A WAC:
(i)
				  Intermittent nursing services;
(ii)
				  Medication administration;
(iii)
				  Personal care services; and
(iv)
				  Supportive services that promote independence and self-sufficiency;
				  and
(c) Not allow more
				  than two residents per room.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part III - ENHANCED ADULT RESIDENTIAL CAR › Section 388-110-222 - Enhanced adult residential care physical requirements

Current through Register Vol. 24-14, July 15, 2024
Effective July 1, 2015, the contractor must ensure that,
					 at the resident's choice, each resident has the ability to lock his/her unit
					 door, unless otherwise indicated in the resident's NSA.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part IV - ADULT RESIDENTIAL CAR › Section 388-110-240 - Adult residential care service standards

Current through Register Vol. 24-14, July 15, 2024
In an assisted living facility with an adult residential
					 care contract, the contractor must meet the requirements of parts I and IV of
					 this chapter, and for residents served under the adult residential care
					 contract:
(1) Develop for each
				  resident a negotiated service agreement that supports the principles of
				  dignity, privacy, choice in decision making, individuality, and independence;
				  and
(2) Provide personal care
				  services based on the resident's negotiated service agreement.
Statutory Authority:
						RCW
						74.39A.010,
						74.39A.020,
						74.39A.060,
						74.39A.070, and chapter 74.39A
						RCW. 04-16-063, § 388-110-240, filed 7/30/04, effective 9/1/04. Statutory
						Authority:
						RCW
						74.39A.010,
						74.39A.020,
						74.39A.060,
						74.39A.080,
						74.39A.170,
						18.88A.210 -[18.88A.]240 and
						70.129.040. 96-11-045 (Order 3979), § 388-110-240, filed 5/8/96, effective
						6/8/96.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part IV - ADULT RESIDENTIAL CAR › Section 388-110-242 - Adult residential care physical requirements

Current through Register Vol. 24-14, July 15, 2024
Effective July 1, 2015, the contractor must ensure that,
					 at the resident's choice, each resident has the ability to lock his/her unit
					 door, unless otherwise indicated in the resident's NSA.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part V - REMEDIES FOR ASSISTED LIVING, ENHANCED ADULT RESIDENTIAL CARE, ENHANCED ADULT RESIDENTIAL CARE - SPECIALIZED DEMENTIA CARE, AND ADULT RESIDENTIAL CAR › Section 388-110-260 - Remedies

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  may take one or more of the actions listed in subsection (3)(a) of this section
				  in any case in which the department finds that a contractor of assisted living
				  services, enhanced adult residential care services, enhanced residential
				  care-specialized dementia care services, or adult residential care services
				  has:
(a) Failed or refused to comply with the
				  applicable requirements of chapter 74.39A RCW, of chapter 70.129 RCW, chapter
				  388-78A WAC or of this chapter;
(b)
				  Operated without a license or under a revoked license;
(c) Knowingly, or with reason to know, made a
				  false statement of material fact on his or her application for a contract or
				  any data attached thereto, or in any matter under investigation by the
				  department; or
(d) Willfully
				  prevented or interfered with any inspection or investigation by the
				  department.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part V - REMEDIES FOR ASSISTED LIVING, ENHANCED ADULT RESIDENTIAL CARE, ENHANCED ADULT RESIDENTIAL CARE - SPECIALIZED DEMENTIA CARE, AND ADULT RESIDENTIAL CAR › Section 388-110-270 - Notice, hearing rights, effective dates relating to imposition of remedies

Current through Register Vol. 24-14, July 15, 2024
(1)Chapter
				  34.05 RCW applies to
				  department actions under this chapter and chapter 74.39A RCW, except that
				  orders of the department imposing contract suspension, stop placement, or
				  conditions for continuation of a contract are effective immediately upon notice
				  and shall continue pending any hearing.
(2) Civil monetary penalties shall become due
				  twenty eight days after the contractor is served with a notice of the penalty
				  unless the contractor requests a hearing in compliance with
				  chapter
				  34.05 RCW and
				  RCW
				  43.20A.215. If a hearing is requested, the
				  penalty becomes due ten days after a final decision in the department's favor
				  is issued. Interest shall accrue beginning thirty days after the department
				  serves the contractor with notice of the penalty at a rate of one percent per
				  month in accordance with
				  RCW
				  43.20B.695.
(3) A person contesting any decision by the
				  department to impose a remedy must within twenty-eight days of receipt of the
				  decision:
(a) File a written application for
				  an adjudicative proceeding by a method showing proof of receipt with the Board
				  of Appeals, P.O. Box 45803, Olympia, WA 98504; and
(b) Include in or with the application:
(i) The grounds for contesting the department
				  decision; and
(ii) A copy of the
				  contested department decision.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-110 - Contracted residential care services › Part V - REMEDIES FOR ASSISTED LIVING, ENHANCED ADULT RESIDENTIAL CARE, ENHANCED ADULT RESIDENTIAL CARE - SPECIALIZED DEMENTIA CARE, AND ADULT RESIDENTIAL CAR › Section 388-110-280 - Dispute resolution

Current through Register Vol. 24-14, July 15, 2024
(1) When a
				  contractor disagrees with the department's finding of a violation under this
				  chapter, the contractor shall have the right to have the violation reviewed
				  under the department's dispute resolution process. Requests for review must be
				  made to the department within ten days of receipt of the written finding of a
				  violation.
(2) When requested by a
				  contractor, the department must expedite the dispute resolution process to
				  review violations upon which a department order imposing contract suspension,
				  stop placement, or a contract condition is based.
(3) Orders of the department imposing
				  contracts suspension, stop placement, or conditions for continuation of a
				  contract are effective immediately upon notice and shall continue pending
				  dispute resolution.
Statutory Authority:
						RCW
						74.39A.010,
						74.39A.020,
						74.39A.060,
						74.39A.070, and chapter 74.39A
						RCW. 04-16-063, § 388-110-280, filed 7/30/04, effective 9/1/04. Statutory
						Authority:
						RCW
						74.39A.010,
						74.39A.020,
						74.39A.060,
						74.39A.080,
						74.39A.170,
						18.88A.210 -[18.88A.]240 and
						70.129.040. 96-11-045 (Order 3979), § 388-110-280, filed 5/8/96, effective
						6/8/96.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-111 - Residential habilitation centers-Compliance standards › Section 388-111-0010 - Mandated reporting to the department

Current through Register Vol. 24-14, July 15, 2024
Mandated reporters, including the facility and staff:
(1) Must comply with reporting requirements
				under chapter 74.34
				RCW and this chapter;
(2) Must
				immediately make mandated reports to the department's centralized toll free
				complaint telephone number or fax number when:
(a) There is reasonable cause to believe that
				a vulnerable adult, as defined in
				chapter
				74.34 RCW, has been
				abandoned, abused, neglected, or financially exploited; or
(b) There is a reason to suspect physical or
				sexual assault.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-111 - Residential habilitation centers-Compliance standards › Section 388-111-0020 - Mandated reporting to law enforcement

Current through Register Vol. 24-14, July 15, 2024
Mandated reporters, including the facility and staff, must
				  immediately report to the appropriate law enforcement agency if there is reason
				  to suspect that any of the following has occurred:
(1) Sexual assault - Any alleged or suspected
				sexual assault;
(2) Physical
				assault (nonclient to client) - Any suspected physical assault as well as any
				act that causes fear of imminent harm; and
(3) Physical assault (client to client) - Any
				suspected physical assault that causes bodily injury requiring more than first
				aid, or in the event of:
(a) Injuries that
				appear on the back, face, head, neck, chest, breasts, groin, inner thigh,
				buttock, genital, or anal area;
(b)
				Fractures;
(c) Choking
				attempts;
(d) Patterns of physical
				assault between the same vulnerable adults or involving the same vulnerable
				adults;
(e) A reasonable cause to
				believe that an act has caused fear of imminent harm; and
(f) Any incident, regardless of injury, if
				requested by the client, his/her legal representative, or family
				member.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-111 - Residential habilitation centers-Compliance standards › Section 388-111-0030 - Mandated reporting policies and procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The facility must develop, train staff
				on, and implement written policies and procedures for:
(a) Immediately reporting mandated reporting
				incidents to:
(i) The department and law
				enforcement;
(ii) The facility;
				and
(iii) The alleged victim's
				legal representative.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-111 - Residential habilitation centers-Compliance standards › Section 388-111-0040

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 74.34 RCW,
					 RCW
					 74.08.090, and
					 71A.12.030. 11-07-025, §
					 388-111-0040, filed 3/10/11, effective
					 4/10/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-111 - Residential habilitation centers-Compliance standards › Section 388-111-0050

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 Chapter
					 74.34 RCW,
					 RCW
					 74.08.090, and
					 71A.12.030. 11-07-025, §
					 388-111-0050, filed 3/10/11, effective
					 4/10/11.