reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › REMEDIES › Section 388-101-4225 - Remedies-Specific-Civil penalties

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department may impose civil penalties if the service provider:
(a) Fails to implement the plan or plans of
				  correction;
(b) Fails to make a
				  correction when conditions have been placed on a service provider's
				  certification; or
(c) Fails to
				  cooperate with the department's subsequent monitoring.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › REMEDIES › Section 388-101-4230 - Community protection program-Considerations for imposing remedies (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-4230, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › REMEDIES › Section 388-101-4235 - Remedies-Civil fine grid

Current through Register Vol. 24-14, July 15, 2024
The department will consider the tiered sanction grid
					 below when imposing civil fine remedies:
NO HARM
MINIMAL or MODERATE HARM
SERIOUS HARM
IMMINENT DANGER and/or IMMEDIATE THREAT
Repeat/Uncorrected
Initial
Repeat/ Uncorrected
Initial
Repeat/ Uncorrected
Any Violation
Civil fine of up to $100 per violation
Civil fine up to $100 per day per
							 violation not to exceed $500 per violation
Civil fine up to $100 per day per
							 violation not to exceed $1000 per violation
Civil fine up to $100 per day per
							 violation not to exceed $2000 per violation
Civil fine up to $100 per day per
							 violation not to exceed $3000 per violation
Civil fine up to $100 per day per
							 violation not to exceed $3000 per violation
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › INFORMAL DISPUTE RESOLUTION AND APPEALS › Section 388-101-4240 - Informal dispute resolution

Current through Register Vol. 24-14, July 15, 2024
(1)
				  When a service provider disagrees with the department's finding of a violation
				  or certification action under this chapter, the service provider may request an
				  informal dispute resolution meeting with the department.
(2) The service provider must make a written
				  request to the department for an informal dispute resolution meeting within ten
				  working days of receipt of the written notice of the department's final report
				  of findings and/or certification action.
(3) The service provider must submit a
				  written statement identifying the challenged action, and include specifically
				  the issues and regulations involved.
(4) Except for the imposition of civil
				  penalties, the effective date of enforcement actions may not be delayed or
				  suspended pending any hearing or informal dispute resolution process.
Statutory Authority: Chapter 71A.12 RCW. 08-02-022,
						§ 388-101-4240, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › INFORMAL DISPUTE RESOLUTION AND APPEALS › Section 388-101-4250 - Administrative review

Current through Register Vol. 24-14, July 15, 2024
(1) A service
				  provider may request an administrative review of a certification action within
				  twenty-eight days of receipt of the written notice of the department's
				  certification action.
(2) The
				  service provider must make the request in writing and must:
(a) Sign the request;
(b) Identify the challenged decision and the
				  date it was made;
(c) State
				  specifically the issues and regulations involved and the grounds for the
				  disagreement; and
(d) Include with
				  the request copies of any supporting documentation for the service provider's
				  position.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › INFORMAL DISPUTE RESOLUTION AND APPEALS › Section 388-101-4260 - Appeal rights

Current through Register Vol. 24-14, July 15, 2024
(1) A service
				  provider:
(a) May contest a decision made by
				  the department pursuant to chapter 71A.12 RCW and according to the provisions
				  of chapters 34.05
				  RCW and 388-02 WAC;
(b) Must file
				  any request for a hearing with the office of administrative hearings at the
				  mailing address specified in the notice of imposition of an enforcement remedy;
				  and
(c) Must make the request
				  within twenty-eight days of receipt of the written notice of the department's
				  certification action.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ABUSE-NEGLECT FINDING - INDIVIDUAL › Section 388-101-4265 - Investigation of reports

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department may investigate allegations of abandonment, abuse, neglect, or
				  financial exploitation of a client.
(2) The department investigation may include
				  an investigation of allegations about one or more of the following:
(a) A service provider;
(b) Anyone associated with a service
				  provider; or
(c) A client receiving
				  services under this chapter.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ABUSE-NEGLECT FINDING - INDIVIDUAL › Section 388-101-4269 - Individual defined

Current through Register Vol. 24-14, July 15, 2024
As used in WAC
					 388-101-4270 through
					 388-101-4340, the term
					 "individual" means anyone used by the service provider to provide services to
					 clients who is alleged to have abandoned, abused, neglected, or financially
					 exploited a client. "Individual" includes but is not limited to administrators,
					 employees, contractors, subcontractors, volunteers, and
					 students.
Statutory Authority:
						RCW
						71A.12.080. 10-03-065, § 388-101-4269,
						filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ABUSE-NEGLECT FINDING - INDIVIDUAL › Section 388-101-4270 - Notice to individual of preliminary findings

Current through Register Vol. 24-14, July 15, 2024
(1) The department will serve notice of the
				  preliminary finding as provided in WAC
				  388-101-4350.
(2) The department may establish proof of
				  service as provided in WAC
				  388-101-4360.
Statutory Authority:
						RCW
						71A.12.080. 10-03-065, § 388-101-4270,
						filed 1/15/10, effective 2/15/10. Statutory Authority: Chapter 71A.12 RCW.
						08-02-022, § 388-101-4270, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ABUSE-NEGLECT FINDING - INDIVIDUAL › Section 388-101-4280 - Notice to others of preliminary findings

Current through Register Vol. 24-14, July 15, 2024
Consistent with confidentiality requirements concerning the
					 client, witnesses, and reporter, the department may provide notification of a
					 preliminary finding to:
(1) Other
				  divisions within the department;
(2) The agency or program identified under
				  RCW
				  74.34.068 with which the individual was
				  associated as an employee, volunteer or contractor;
(3) The employer or program that is currently
				  associated with the individual;
(4)
				  Law enforcement;
(5) Other entities
				  as authorized by law and this chapter including investigative authorities
				  consistent with
				  chapter
				  74.34 RCW; and
(6) The appropriate licensing
				  agency.
Statutory Authority:
						RCW
						71A.12.080. 10-03-065, § 388-101-4280,
						filed 1/15/10, effective 2/15/10. Statutory Authority: Chapter 71A.12 RCW.
						08-02-022, § 388-101-4280, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ABUSE-NEGLECT FINDING - INDIVIDUAL › Section 388-101-4290 - Disputing a preliminary finding

Current through Register Vol. 24-14, July 15, 2024
(1)
				  An individual may request an administrative hearing to challenge a preliminary
				  finding made by the department.
(2)
				  The request must be made in writing to the office of administrative
				  hearings.
(3) The office of
				  administrative hearings must receive the individual's written request for a
				  hearing within thirty calendar days of the date written on the notice of the
				  preliminary finding.
(4) The
				  written request for a hearing must include:
(a) The full legal name, current address and
				  phone number of the individual;
(b)
				  A brief explanation of why the individual disagrees with the preliminary
				  finding;
(c) A description of any
				  assistance needed in the administrative appeal process by the individual,
				  including a foreign language or sign language interpreter or any reasonable
				  accommodation for a disability; and
(d) The individual's signature.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ABUSE-NEGLECT FINDING - INDIVIDUAL › Section 388-101-4300 - Disclosure of investigative and finding information

Current through Register Vol. 24-14, July 15, 2024
(1) Confidential information about clients
				  and mandated reporters received from the department may only be used by the
				  individual to challenge findings through the appeal process. It may only be
				  shared with persons who are involved in the appeal.
(2) Confidential information such as the name
				  and other personal identifying information of the reporter, witnesses, or the
				  client will be redacted from documents unless release of that information is
				  consistent with
				  chapter
				  74.34 RCW and other
				  applicable state and federal laws.
Statutory Authority:
						RCW
						71A.12.080. 10-03-065, § 388-101-4300,
						filed 1/15/10, effective 2/15/10. Statutory Authority: Chapter 71A.12 RCW.
						08-02-022, § 388-101-4300, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ABUSE-NEGLECT FINDING - INDIVIDUAL › Section 388-101-4310 - Hearing procedures to dispute a preliminary finding

Current through Register Vol. 24-14, July 15, 2024
(1)Chapters 34.05 and
				  74.34 RCW, chapter 388-02 WAC, and
				  the provisions of this chapter govern any appeal regarding a preliminary
				  finding. In the event of a conflict between the provisions of this chapter and
				  chapter 388-02 WAC, the provisions of this chapter shall prevail.
(2) The administrative law judge shall
				  determine whether the preliminary finding is supported by a preponderance of
				  the evidence.
Statutory Authority:
						RCW
						71A.12.080. 10-03-065, § 388-101-4310,
						filed 1/15/10, effective 2/15/10. Statutory Authority: Chapter 71A.12 RCW.
						08-02-022, § 388-101-4310, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ABUSE-NEGLECT FINDING - INDIVIDUAL › Section 388-101-4320 - Appeal of the initial order

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				  individual or the department disagrees with the administrative law judge's
				  decision, either party may challenge this decision by filing a petition for
				  review with the department's board of appeals under
				  chapters
				  34.05 RCW and 388-02
				  WAC.
(2) If the department appeals
				  the administrative law judge's decision, the department will not modify the
				  finding in the department's records until a final hearing decision is
				  issued.
Statutory Authority:
						RCW
						71A.12.080. 10-03-065, § 388-101-4320,
						filed 1/15/10, effective 2/15/10. Statutory Authority: Chapter 71A.12 RCW.
						08-02-022, § 388-101-4320, filed 12/21/07, effective
						2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ABUSE-NEGLECT FINDING - INDIVIDUAL › Section 388-101-4330 - Finalizing a preliminary finding

Current through Register Vol. 24-14, July 15, 2024
(1)
				  A preliminary finding becomes a final finding when:
(a) The department gives the individual
				  notice of the preliminary finding under WAC
				  388-101-4270 and the individual
				  does not request an administrative hearing;
(b) The administrative law judge:
(i) Dismisses the appeal following withdrawal
				  of the appeal or default; or
(ii)
				  Issues an initial order upholding the finding and the individual fails to
				  appeal the initial order to the department's board of appeals; or
(c) The board of appeals issues a
				  final order upholding the finding.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ABUSE-NEGLECT FINDING - INDIVIDUAL › Section 388-101-4340 - Reporting final findings

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department will report a final finding of abandonment, abuse, neglect, or
				  financial exploitation within ten working days to the following:
(a) The individual against whom the final
				  finding was made;
(b) The service
				  provider that was associated with the individual during the time of the
				  incident;
(c) The service provider
				  that is currently associated with the individual against whom the final finding
				  was made, if known;
(d) The
				  appropriate licensing, contracting, or certification authority; and
(e) Any federal or state registry or list of
				  individuals found to have abandoned, abused, neglected, or financially
				  exploited a vulnerable adult.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ABUSE-NEGLECT FINDING - INDIVIDUAL › Section 388-101-4350 - 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 service
				  provider or to the individual 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.
Statutory Authority:
						RCW
						71A.12.080. 10-03-065, § 388-101-4350,
						filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101 - Certified community residential services and supports › ABUSE-NEGLECT FINDING - INDIVIDUAL › Section 388-101-4360 - 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 service provider or to the individual to whom
				  the 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.
Statutory Authority:
						RCW
						71A.12.080. 10-03-065, § 388-101-4360,
						filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0020 - Residential services contract

Current through Register Vol. 24-14, July 15, 2024
(1) The
				service provider may request a department residential services contract after
				approval for initial certification or for change of ownership.
(2) The service provider must have a separate
				contract for each region where they receive referrals to serve
				clients.
(3) The service provider's
				residential services contract will be terminated by the department upon
				termination of certification.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3040,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0025 - Service provider responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) Service providers must meet the
				requirements of:
(a) This chapter;
(b) Each contract and statement of work
				entered into with the department;
(c) Each client's individual support plan
				when the individual support plan identifies the service provider as
				responsible; and
(d) Each client's
				individual instruction and support plan.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0030 - Staffing requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The
				provider must ensure each of its employees:
(a) Has a high school diploma or GED
				equivalent, unless the employee was hired before September 1, 1991 or is exempt
				under subsection (2) of this section;
(b) Is age 18 or older when employed as a
				direct support professional who provides support services to a
				client;
(c) Is age 21 or older when
				employed as an administrator;
(d)
				Has a clear understanding of job responsibilities and knowledge of individual
				support plans and client needs; and
(e) Satisfies department background check
				requirements under chapter 388-825-WAC.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0035 - Liability insurance required

Current through Register Vol. 24-14, July 15, 2024
The service provider must:
(1) Obtain liability insurance upon
				certification and maintain the insurance as required in WAC
				388-101-3206
				and
				388-101-3207;
				and
(2) Have evidence of liability
				insurance coverage available if requested by the department.
Statutory Authority:
					 RCW 71A.12.080. WSR
					 10-03-065, §
											388-101-3205,
					 filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0040 - Liability insurance required-Commercial general liability insurance or business liability insurance coverage

Current through Register Vol. 24-14, July 15, 2024
The service provider 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 contractors, products-completed operations,
				personal injury, advertising injury, and liability assumed under an insured
				contract; and
(4) Minimum limits
				of:
(a) Each occurrence - One million
				dollars;
(b) General aggregate -
				Two million dollars; and
(c) For
				community protection service providers--Three million dollars general
				aggregate.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0045 - Liability insurance required-Professional liability insurance coverage

Current through Register Vol. 24-14, July 15, 2024
If the service provider employs professional staff, the
				  service provider must have professional liability insurance or errors and
				  omissions insurance. The insurance must include:
(1) Coverage for losses caused by errors and
				omissions of the service provider, its employees, and volunteers; and
(2) Minimum limits of:
(a) Each occurrence - One million dollars;
				and
(b) General aggregate - Two
				million dollars.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0050 - Administrative documents

Current through Register Vol. 24-14, July 15, 2024
The service provider must prepare and maintain written
				  documents as follows:
(1) A mission
				statement;
(2) A program
				description;
(3) An organizational
				chart and description showing all supervisory relationships;
(4) Description of staff roles and
				responsibilities, including the person designated to act in the absence of the
				administrator; and
(5) Staffing
				schedules.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3210,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0055 - Administrator responsibilities and training

Current through Register Vol. 24-14, July 15, 2024
(1) The service provider must ensure that the
				administrator delivers services to clients consistent with this chapter, and
				the department's residential services contract. This includes but is not
				limited to:
(a) Overseeing all aspects of
				staffing, such as recruitment, staff training, and performance
				reviews;
(b) Developing and
				maintaining policies and procedures that give staff direction to provide
				appropriate services and support as required by this chapter and the department
				contract; and
(c) Maintaining and
				securely storing client, personnel, and financial records.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0060 - Policies and procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The
				service provider must develop, implement, and train staff on policies and
				procedures to address what staff must do:
(a)
				Related to client rights, including a client's right to file a complaint or
				suggestion without interference;
(b) Related to soliciting client input and
				feedback on instruction and support received;
(c) Related to reporting suspected abuse,
				neglect, financial exploitation, or abandonment;
(d) To protect clients when there have been
				allegations of abuse, neglect, financial exploitation, or
				abandonment;
(e) In emergent
				situations that may pose a danger or risk to the client or others, such as in
				the event of death or serious injury to a client;
(f) In responding to missing persons and
				client emergencies;
(g) Related to
				emergency response plans for natural or other disasters;
(h) When accessing medical, mental health,
				and law enforcement resources for clients;
(i) Related to notifying a client's legal
				representative, and/or relatives in case of emergency;
(j) When receiving and responding to client
				grievances; and
(k) To respond
				appropriately to aggressive and assaultive clients.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0065 - Background check-General

Current through Register Vol. 24-14, July 15, 2024
(1) A
				provider must follow background check requirements under this chapter and
				chapters 388-113 and 388-825 WAC.
(2) Nothing in this chapter requires the
				employment of a person against the better judgment of the provider.
Statutory Authority: Chapter 71A.12 RCW. WSR 14-14-030,
					 §
											388-101-3245,
					 filed 6/24/14, effective 7/25/14. Statutory Authority:
					 RCW
					 71A.12.030 and [71A.12].080. WSR 12-02-048,
					 §
											388-101-3245,
					 filed 12/30/11, effective 1/30/12. Statutory Authority:
					 RCW 71A.12.080, chapter
					 74.39A RCW. WSR 10-16-084, §
											388-101-3245,
					 filed 7/30/10, effective 1/1/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0070 - Background checks-National fingerprint background checks

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant as defined in WAC
				388-113-0010 hired on or after
				January 1, 2016, who is 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 provider must prevent an
				administrator, employee, volunteer, student, or subcontractor from having
				unsupervised access to a client if the person has a:
(a) Disqualifying criminal conviction or
				pending charge for a disqualifying crime under chapter 388-113 WAC;
				or
(b) Disqualifying negative
				action under WAC
				388-78A-2470 or WAC
				388-76-10180.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0075 - Background checks-Requirements for service providers

Current through Register Vol. 24-14, July 15, 2024
(1) Service providers must follow the
				background check requirements described in chapter 388-113 WAC and in this
				chapter. In the event of an inconsistency, this chapter applies.
(2) The service provider must obtain
				background checks from the department for all administrators, employees,
				volunteers, students, and subcontractors who may have unsupervised access to
				clients.
(3) The service provider
				must not allow the following persons to have unsupervised access to clients
				until the service provider receives the department's background check results:
(a) Administrators;
(b) Employees;
(c) Volunteers or students; and
(d) Subcontractors.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0080 - Background checks-Provisional hire-Pending results

Current through Register Vol. 24-14, July 15, 2024
Each provider applicant or employee who has lived in
				  Washington state less than three years, or who is otherwise required to
				  complete a national fingerprint-based background check, may be hired for a
				  120-day provisional period when:
(1)
				The person is not disqualified based on the initial results of the background
				check from the department; and
(2)
				A national fingerprint-based background check is pending.
Statutory Authority: Chapter 71A.12 RCW. WSR 14-14-030,
					 §
											388-101-3255,
					 filed 6/24/14, effective 7/25/14. Statutory Authority:
					 RCW
					 71A.12.030 and [71A.12].080. WSR 12-02-048,
					 §
											388-101-3255,
					 filed 12/30/11, effective 1/30/12. Statutory Authority:
					 RCW 71A.12.080, chapter
					 74.39A RCW. WSR 10-16-084, §
											388-101-3255,
					 filed 7/30/10, effective 1/1/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0085 - Training requirements

Current through Register Vol. 24-14, July 15, 2024
The service provider must ensure that individuals identified
				  under WAC
				  388-101-3302
				  have met the training requirements under WAC
				  388-101-3260
				  through
				  388-101-3300.
Statutory Authority:
					 RCW
					 71A.12.030 and [71A.12].080. WSR 12-02-048,
					 §
											388-101-3258,
					 filed 12/30/11, effective 1/30/12. Statutory Authority:
					 RCW 71A.12.080, chapter
					 74.39A RCW. WSR 10-16-084, §
											388-101-3258,
					 filed 7/30/10, effective 1/1/11.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0087 - Long-term care worker requirements

Current through Register Vol. 24-14, July 15, 2024
Beginning January 1, 2016, all staff employed as long-term
				  care workers as defined by
				  RCW
				  74.39A.009(17)(a) are
				  required to meet all the training requirements in the following:
(1)Chapter 388-112 WAC, if the service
				provider is also licensed as an adult family home or assisted living
				facility.
(2)Chapter 388-829 WAC,
				if the service provider is certified only.
Statutory Authority: Chapters 71A.12, 74.34, and 74.39A
					 RCW. WSR 16-18-040, §
											388-101-3259,
					 filed 8/30/16, effective 9/30/16.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0090 - Staff training

Current through Register Vol. 24-14, July 15, 2024
The service provider must:
(1) Provide and document required training to
				staff;
(2) Within the first six
				months, ensure that staff receives a minimum of thirty-two total hours of
				training that meets the training requirements of this chapter;
(3) Provide staff training sooner if required
				by the client's identified needs; and
(4) Meet state and federal laws regarding
				training; such as, bloodborne pathogens training referenced in WAC
				296-823-120.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3260,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0095 - Staff training before working alone with clients

Current through Register Vol. 24-14, July 15, 2024
The service provider must train staff in the following before
				  the employee works alone with clients:
(1) Current individual instruction and
				support plans of each client with whom the employee works;
(2) Emergency procedures for
				clients;
(3) The reporting
				requirements for abuse and neglect under
				chapter
				74.34 RCW; and
(4) Client confidentiality.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3270,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0100 - Staff training within four weeks of employment

Current through Register Vol. 24-14, July 15, 2024
The service provider must provide training within the first
				  four weeks of employing a staff person to include:
(1) The service provider's mission
				statement;
(2) Policies and
				procedures; and
(3) On-the-job
				training.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3280,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0105 - Staff training within six months of employment

Current through Register Vol. 24-14, July 15, 2024
The service provider must provide training within the first
				  six months of employing a staff person, to include:
(1) First aid and CPR;
(2) Bloodborne pathogens with HIV/AIDS
				information;
(3) Client
				services;
(4) Residential
				guidelines; and
(5) Positive
				behavior support.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3290,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0110 - Staff training to be current

Current through Register Vol. 24-14, July 15, 2024
The service provider must ensure that each employee keeps
				  their first-aid training, CPR certification, and bloodborne pathogens training
				  current.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3300,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0115 - Certified community residential services and supports-General training requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The
				service provider must ensure the following instruction and support services
				staff meet the training requirements of this chapter:
(a) Administrators who may provide
				instruction and support services to clients or may supervise instruction and
				support services staff; and
(b)
				Instruction and support services staff including their supervisors.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0120 - Approval of staff-coverage schedules (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3310,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0125 - Client rights

Current through Register Vol. 24-14, July 15, 2024
Clients have the same legal rights and responsibilities
				  guaranteed to all other individuals by the United States Constitution, federal
				  and state law unless limited through legal processes. Service providers must
				  promote and protect all of the following client rights, including but not
				  limited to:
(1) The right to be free
				from discrimination;
(2) The right
				to be reasonably accommodated in accordance with state and federal
				law;
(3) The right to privacy,
				including the right to receive and send private mail and telephone
				calls;
(4) The right to participate
				in an appropriate program of publicly supported education;
(5) The right to be free from harm, including
				unnecessary physical restraint, isolation, excessive medication, abuse,
				neglect, abandonment, and financial exploitation; and
(6) The right to refuse health services,
				medications, restraints, and restrictions.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3320, filed
					 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0130 - Treatment of clients

Current through Register Vol. 24-14, July 15, 2024
Service providers must treat clients with dignity and
				  consideration, respecting the client's civil and human rights at all
				  times.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3330,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0135 - Subcontracting

Current through Register Vol. 24-14, July 15, 2024
The service provider must not subcontract any service without
				  prior written approval from the department. The service provider must ensure
				  that all required terms, conditions, assurances and certifications are included
				  in all subcontracts.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3340,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0140 - Residential guidelines

Current through Register Vol. 24-14, July 15, 2024
The service provider must use the following department
				  residential guidelines when providing services to each client:
(1) Health and safety;
(2) Personal power and choice;
(3) Competence and self-reliance;
(4) Positive recognition by self and
				others;
(5) Positive relationships;
				and
(6) Integration in the physical
				and social life of the community.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3350,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0145 - Client services

Current through Register Vol. 24-14, July 15, 2024
Service providers must provide each client instruction and/or
				  support to the degree the individual support plan identifies the service
				  provider as responsible. Instruction and/or support to the client may include
				  but are not limited to the following categories:
(1) Home living activities;
(2) Community living activities;
(3) Life-long learning activities;
(4) Health and safety activities;
(5) Social activities;
(6) Employment;
(7) Protection and advocacy
				activities;
(8) Exceptional medical
				support needs; and
(9) Exceptional
				behavioral support needs.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3360,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0150 - Client health services support

Current through Register Vol. 24-14, July 15, 2024
The service provider must provide instruction and/or support
				  as identified in the individual support plan and as required in this chapter to
				  assist the client with:
(1) Accessing
				health, mental health, and dental services;
(2) Medication management, administration,
				and assistance;
(3) Maintaining
				health records;
(4) Arranging
				appointments with health professionals;
(5) Monitoring medical treatment prescribed
				by health professionals;
(6)
				Communicating directly with health professionals when needed; and
(7) Receiving an annual physical and dental
				examination unless the appropriate medical professional gives a written
				exception.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3370,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0155 - Medical devices

Current through Register Vol. 24-14, July 15, 2024
(1) For purposes of
				this section the term "medical device" means any piece of medical equipment
				used to treat a client's assessed need.
(2) Use of some medical devices poses a
				safety risk for clients. Examples of medical devices with known safety risks
				are transfer poles, helmets, straps and belts on wheelchairs or beds, and bed
				side rails.
(3) Medical devices
				with known safety risks must not be used by the service provider:
(a) As a restraint; or
(b) For staff convenience.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0160 - Nurse delegation

Current through Register Vol. 24-14, July 15, 2024
(1) Service
				provider staff must not perform a delegated nursing task for the client before
				the delegating nurse has obtained consent from the client or person authorized
				to give consent.
(2) The service
				provider must not allow an employee to perform any nursing task that violates
				applicable statutes and rules, including:
(a)Chapter 18.79 RCW, Nursing care;
(b)Chapter 18.88A RCW, Nursing
				assistants;
(c)Chapter 246-840 WAC,
				Practical and registered nursing;
(d)Chapter 246-841 WAC, Nursing assistants;
				and
(e)Chapter 246-888 WAC,
				Medication assistance.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0165 - Client transportation

Current through Register Vol. 24-14, July 15, 2024
(1) The
				service provider must meet the client's transportation needs by:
(a) Not charging the client for
				transportation costs except as specified in the client's individual support
				plan;
(b) Using the client's
				medicaid coupons for covered transportation, if available; and
(c) Ensuring that other transportation is
				provided as specified in the client's individual support plan.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0170 - Physical and safety requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
				Crisis diversion support service providers are exempt from the requirements in
				this section.
(2) The service
				provider must ensure that the following home safety requirements are met for
				each client unless otherwise specified in the client's individual support plan:
(a) A safe and healthy environment;
(b) Accessible telephone equipment and a list
				of emergency contact numbers;
(c)
				An evacuation plan developed and practiced with the client;
(d) Unblocked door and window for emergency
				exit;
(e) A safe storage area for
				flammable and combustible materials;
(f) An operating smoke detector, with a light
				alarm for clients with hearing impairments;
(g) An accessible flashlight or other safe
				accessible light source in working condition; and
(h) Basic first-aid supplies.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0175 - Services to nonclients

Current through Register Vol. 24-14, July 15, 2024
Before providing services to nonclients in the same household
				  with clients, the service provider must:
(1) Provide the department with a written
				description of the household composition;
(2) Obtain written approval from the division
				of developmental disabilities; and
(3) Obtain written consent from each client
				in the household or the client's legal representative if the client is unable
				to consent.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3400,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0180 - Community protection clients and other clients in the same household

Current through Register Vol. 24-14, July 15, 2024
Before allowing a community protection program client to live
				  in the same household with supported living clients who are not in the
				  community protection program, the service provider must:
(1) Provide the department with a written
				description of the household composition;
(2) Participate with the treatment team
				during the household composition review;
(3) Obtain written approval from the division
				of developmental disabilities; and
(4) Obtain written consent from each client
				in the household or the client's legal representative if the client is unable
				to consent.
Statutory Authority: Chapter 71A.12 RCW. WSR 08-02-022,
					 §
											388-101-3410,
					 filed 12/21/07, effective 2/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-101D - Requirements for providers of residential services and supports › Section 388-101D-0185 - Client refusal to participate in services

Current through Register Vol. 24-14, July 15, 2024
(1) The service provider must notify the case
				manager if the client's health and safety is adversely affected by the client's
				refusal to participate in services.
(2) Service providers must document each
				client's refusal to participate in:
(a)
				Physical and safety requirements, as outlined in WAC
				388-101-3390;
				and
(b) Client health services
				support under WAC
				388-101-3370.