reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › PHYSICAL RESOURCES AND STANDARD PRACTICES FOR TRAINING › Section 388-71-1096 - What standard training practices must be maintained for classroom training and testing?

Current through Register Vol. 24-14, July 15, 2024
The training entity must maintain the following training
					 standards for classroom training and testing:
(1) Training must not exceed eight hours
				  within one day;
(2) Training
				  provided in short time segments must include an entire unit, skill, or
				  concept;
(3) Training must include
				  regular breaks; and
(4) Long-term
				  care workers attending classroom training must not be expected to leave the
				  class to attend job duties, except in an emergency.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-1096, filed 12/20/12, effective
						1/20/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › COMPETENCY TESTING › Section 388-71-1106 - What components must competency testing include?

Current through Register Vol. 24-14, July 15, 2024
(1) Competency testing must include the
				  following components:
(a) Skills demonstration
				  of ability to perform and implement specific caregiving approaches, and
				  activities as appropriate to the training;
(b) Written evaluation to show the level of
				  comprehension and knowledge of the training's learning objectives;
				  and
(c) A scoring guide for the
				  tester with clearly stated criteria and minimum proficiency
				  standards.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › COMPETENCY TESTING › Section 388-71-1111 - Which trainings must include the DSHS developed competency test?

Current through Register Vol. 24-14, July 15, 2024
The following trainings must include the DSHS developed
					 competency test:
(1) Dementia
				  specialty training;
(2) Mental
				  health specialty training;
(3)
				  Developmental disabilities specialty training;
(4) Expanded specialty training;
(5) Nurse delegation core training;
				  and
(6) Nurse delegation
				  specialized diabetes training.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-1111, filed 12/20/12, effective
						1/20/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › COMPETENCY TESTING › Section 388-71-1120 - How must competency test administration be standardized?

Current through Register Vol. 24-14, July 15, 2024
To standardize competency test administration, testing must
					 include the following components:
(1)
				  The person teaching the course must administer or supervise the administration
				  of all testing; and
(2) The tester
				  must follow the DSHS guidelines for:
(a) The
				  maximum length of time allowed for testing;
(b) The amount and nature of instruction
				  given to students before beginning a test;
(c) The amount of assistance to students
				  allowed during testing;
(d) The
				  accommodation guidelines for students with disabilities; and
(e) Accessibility guidelines for students
				  with limited English proficiency.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › COMPETENCY TESTING › Section 388-71-1125 - What form of identification must students show before taking a competency or challenge test?

Current through Register Vol. 24-14, July 15, 2024
Students must provide photo identification before taking a
					 competency or challenge test.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-1125, filed 12/20/12, effective
						1/20/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-71 - Home and community services and programs › COMPETENCY TESTING › Section 388-71-1130 - How many times may a competency or challenge test be taken?

Current through Register Vol. 24-14, July 15, 2024
(1) A competency
				  test that is part of a course may be taken twice. If the test is failed a
				  second time, the person must retake the course before any additional tests are
				  administered.
(2) If a challenge
				  test is available for a course, it may be taken only once. If the test is
				  failed, the person must take the classroom course.
Statutory Authority:
						RCW
						74.08.090,
						74.09.520. 13-02-023, §
						388-71-1130, filed 12/20/12, effective
						1/20/13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › DEFINITIONS › Section 388-76-10000 - Definitions "Abandonment"

Current through Register Vol. 24-14, July 15, 2024
means action or inaction by a person or entity with a duty
					 of care for a frail elder or vulnerable adult that leaves the vulnerable person
					 without the means or ability to obtain necessary food, clothing, shelter, or
					 health care.
"Abuse"
means the willful action or inaction
					 that inflicts injury, unreasonable confinement, intimidation, or punishment of
					 a vulnerable adult.
(1) In instances
				  of abuse of a vulnerable adult who is unable to express or demonstrate physical
				  harm, pain, or mental anguish, the abuse is presumed to cause physical harm,
				  pain, or mental anguish.
(2) Abuse
				  includes sexual abuse, mental abuse, physical abuse, and personal exploitation
				  of a vulnerable adult, and improper use of restraint against a vulnerable adult
				  which have the following meanings:
(a)
"Sexual abuse"
means any form of nonconsensual sexual conduct,
				  including but not limited to unwanted or inappropriate touching, rape, sodomy,
				  sexual coercion, sexually explicit photographing, and sexual harassment. Sexual
				  abuse also includes any sexual conduct between a staff person, who is not also
				  a resident or client, of a facility or a staff person of a program authorized
				  under chapter 71A.12 RCW, and a vulnerable adult living in that facility or
				  receiving service from a program authorized under chapter 71A.12 RCW, whether
				  or not consensual.
(b)
"Physical abuse"
means the willful action of inflicting bodily
				  injury or physical mistreatment. Physical abuse includes, but is not limited
				  to, striking with or without an object, slapping, pinching, choking, kicking,
				  shoving, or prodding.
(c)
"Mental abuse"
means a willful verbal or nonverbal action that
				  threatens, humiliates, harasses, coerces, intimidates, isolates, unreasonably
				  confines, or punishes a vulnerable adult. Mental abuse may include ridiculing,
				  yelling, or swearing.
(d)
"Personal exploitation"
means an act of forcing, compelling, or
				  exerting undue influence over a vulnerable adult causing the vulnerable adult
				  to act in a way that is inconsistent with relevant past behavior, or causing
				  the vulnerable adult to perform services for the benefit of another.
(e)
"Improper use of restraint"
means the inappropriate use of chemical, physical, or mechanical restraints for
				  convenience or discipline or in a manner that:
(i) Is inconsistent with federal or state
				  licensing or certification requirements for facilities, hospitals, or programs
				  authorized under chapter 71A.12 RCW;
(ii) Is not medically authorized;
				  or
(iii) Otherwise constitutes
				  abuse under this section.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › DEFINITIONS › Section 388-76-10002 - Department authority

Current through Register Vol. 24-14, July 15, 2024
Under chapter 70.128 RCW, the department is authorized to
					 take actions in response to adult family home noncompliance or violations of
					 requirements of this chapter or rules adopted under chapters 70.128, 70.129,
					 and 74.34
					 RCW.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10002,
						filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › DEFINITIONS › Section 388-76-10003 - Department access

Current through Register Vol. 24-14, July 15, 2024
(1) During the
				  initial licensing of the home, the applicant must allow the department staff to
				  inspect the entire premises including all of the home's rooms, buildings,
				  grounds, and equipment and all pertinent records.
(2) During inspections after initial
				  licensing is complete, the adult family home must allow the department staff to
				  examine all areas and articles in the home that are used to provide care or
				  support to residents, including the physical premises and residents' records
				  and accounts. The physical premises includes the buildings, grounds, and
				  equipment, as well as all areas of the home for the purpose of checking smoke
				  detectors, fire extinguishers, and posting of the emergency evacuation floor
				  plan. The personal records of adult family home staff unrelated to the
				  operation of the adult family home are not subject to department inspection. A
				  separate bedroom used by adult family home staff will not be subject to review
				  and inspection unless it is used to provide direct care to a
				  resident.
(3) During complaint
				  investigations, the adult family home must give department staff access to the
				  entire premises and all records related to the residents or operation of the
				  home. Department staff are authorized to interview the provider, family
				  members, and individuals residing in the home including residents.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10003,
						filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › DEFINITIONS › Section 388-76-10004 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
(1) An adult family
				  home may request an exemption to a specific requirement in this chapter. The
				  request must demonstrate to the department that the exemption will:
(a) Not jeopardize or adversely affect any
				  resident's health, safety, rights, or quality of life;
(b) Not change the fundamental nature of the
				  adult family home operations;
(c)
				  Correct deficiencies, prevent deficiencies, or upgrade the home in order to
				  better serve residents;
(d) Allow
				  the home to provide a comparable level of service to residents through the use
				  of alternative procedures, materials, or equipment; and
(e) Not violate state or federal
				  laws.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10005 - License - Required

Current through Register Vol. 24-14, July 15, 2024
(1) Any person
				  or entity must have a license by the department to operate an adult family
				  home.
(2) No person or entity may
				  provide personal care, special care, and room and board for more than one
				  resident without a license.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10005, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10010 - License - Valid and not transferable

Current through Register Vol. 24-14, July 15, 2024
(1) The adult family home is not required to
				  renew the license each year.
(2)
				  The license remains valid unless:
(a) The
				  department takes enforcement action to suspend or revoke the license per
				  law;
(b) The home voluntarily
				  surrenders the license and closes the home;
(c) The home relinquishes the license;
				  or
(d) The home fails to pay the
				  annual licensing fee.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10015 - License - Adult family home - Compliance required

Current through Register Vol. 24-14, July 15, 2024
(1) The licensed adult family home must
				  comply with all the requirements established in chapters 70.128, 70.129,
				  74.34 RCW, this chapter and other
				  applicable laws and regulations including chapter 74.39A RCW; and
(2) The provider is ultimately responsible
				  for the day-to-day operation of each licensed home.
(3) The provider must promote the health,
				  safety, and well-being of each resident residing in each licensed adult family
				  home.
Statutory Authority: Chapter 70.128 RCW. 12-01-004,
						§ 388-76-10015, filed 12/7/11, effective 1/7/12. Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10015,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10015, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10020 - License-Ability to provide care and services

Current through Register Vol. 24-14, July 15, 2024
The provider must have the:
(1)
				   Understanding, ability, emotional stability and physical health
				  necessary to meet the psychosocial, personal, and special care needs of the
				  vulnerable adults under the home's care; and
(2)
				   Ability to meet all personal and business financial
				  obligations.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10020,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10020, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10025 - License annual fee

Current through Register Vol. 24-14, July 15, 2024
(1) The adult
				  family home must pay the license fee that is established in the state's
				  operating budget, as described in
				  RCW
				  70.128.060.
(2) Each year, the home's annual license fee
				  is due during the same month in which the home was initially licensed. For
				  example, if the home was licensed in June, 2010, then the annual licensing fee
				  will be due in June of each year.
(3) The home must ensure that the department
				  receives the annual license fee when it is due.
(4) If the home does not pay the fee when it
				  is due, the department will impose remedies.
Statutory Authority:
						RCW
						70.128.040. 12-16-087, § 388-76-10025,
						filed 7/31/12, effective 8/31/12. Statutory Authority: Chapter 70.128 RCW.
						12-01-004, § 388-76-10025, filed 12/7/11, effective 1/7/12. Statutory
						Authority:
						RCW
						70.128.040. 09-21-075, § 388-76-10025,
						filed 10/16/09, effective 11/16/09. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10025, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10030 - Adult family home capacity

Current through Register Vol. 24-14, July 15, 2024
(1)
				  In determining the home's licensed capacity, the department must consider the:
(a) Structural design of the house;
(b) Number and accessibility of
				  bathrooms;
(c) Number and
				  qualifications of staff;
(d) Total
				  number of people living in the home who require personal or special care,
				  including:
(i) Related children and adults;
				  and
(ii) Other household
				  members;
(e) The number
				  of people for whom the home provides adult day care; and
(f) The ability for the home to safely
				  evacuate all people living in the home.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10031 - License requirements-Seven or eight bed adult family homes-Licensure

Current through Register Vol. 24-14, July 15, 2024
(1) An adult family
				  home submitting an application to increase the licensed capacity of a currently
				  licensed adult family home to seven or eight residents must:
(a) Be able to demonstrate to the department
				  the applicant's history of financial solvency and successful management
				  experience as an adult family home provider;
(b) Maintain the initial license for the
				  adult family home identified on the capacity increase application for a period
				  of no less than 24 months prior to application;
(c) Maintain a licensed capacity for six
				  residents for at least the 12 months immediately prior to
				  application;
(d) Receive at least
				  two full inspections prior to application, with no enforcement action taken
				  against the home during the time period starting with the older of the two most
				  recent inspections and ending at the time the capacity increase is approved;
				  and
(e) Demonstrate to the
				  department the ability to comply with the emergency evacuation standards in WAC
				  388-76-10865.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10032 - License requirements-Seven or eight bed adult family homes-Change of ownership

Current through Register Vol. 24-14, July 15, 2024
An applicant submitting an application for a change of
					 ownership of an adult family home with a licensed capacity of seven or eight
					 residents must be a currently licensed adult family home provider that has held
					 that license for a period of no less than 24 months; and
(1) Maintain a license for six or more
				  residents in their currently licensed home for at least the 12 months
				  immediately prior to application; and
(2) Receive at least two full inspections
				  prior to application, with no enforcement action taken against the home during
				  the time period starting with the older of the two most recent inspections and
				  ending at the time the capacity increase is approved.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10035 - License requirements-Multiple adult family home providers

Current through Register Vol. 24-14, July 15, 2024
The department will only consider an application for more
					 than one home if the applicant has:
(1)
				   Evidence of successful completion of the adult family home
				  administrator training to meet the applicable requirements of chapter 388-112A
				  WAC;
(2) The ability to operate
				  more than one home;
(3) The
				  following plans for each home the applicant intends to operate. Each of the
				  following plans must be updated and maintained:
(a)
				   A twenty-four hour a day, seven day a week staffing
				  plan;
(b) A plan for managing the
				  daily operations of each home; and
(c)
				   A plan for emergencies, deliveries, staff and visitor
				  parking;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10036 - License requirements - Multiple adult family home management

Current through Register Vol. 24-14, July 15, 2024
When there is more than one home licensed to a provider,
					 the adult family home must ensure that:
(1) Each home has one person responsible for
				  managing the overall delivery of care to all residents in the home;
(2) The designated responsible person is the
				  provider, entity representative or a resident manager; and
(3) Each responsible person is designated to
				  manage only one adult family home at a given time.
Statutory Authority:
						RCW
						70.128.040. 10-04-008, § 388-76-10036,
						filed 1/22/10, effective 2/22/10; 09-03-030, § 388-76-10036, filed
						1/12/09, effective 2/12/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10037 - License requirements-Multiple adult family homes-Additional homes

Current through Register Vol. 24-14, July 15, 2024
The department will only accept and process an application
					 for an additional license as follows:
(1)
				   For a second home, if the applicant has maintained the first
				  adult family home license for at least twenty-four months with no enforcement
				  actions as listed in RCW 70.128.-160(2) related to a significant violation of
				  chapters 70.128, 70.129 or 74.34 RCW, this chapter, or other applicable laws
				  and regulations; and
(2) For a
				  third or additional homes as follows:
(a)
				  When twelve months have passed since the previous adult family home license was
				  granted and the department has taken no enforcement actions against the
				  applicant's currently licensed adult family homes during the twelve months
				  prior to application; or
(b) When
				  less than twelve months have passed since the previous adult family home
				  license was granted; and
(i) The applications
				  are due to the change in ownership of existing adult family homes that are
				  currently licensed; and
(ii) No
				  enforcement action was taken against any of the applicant's currently licensed
				  homes during the twelve months prior to application.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10041 - License-Change of personnel

Current through Register Vol. 24-14, July 15, 2024
An entity provider must:
(1)
				   Notify the department when officers, directors, or entity
				  representatives change, or when any owner is added and what percent of
				  ownership is granted;
(2) Provide
				  at least one point of contact for the owner, board of directors, or other
				  governing body and if the entity has a board of directors, the provider must
				  post in the home in a visible location in a common area information on at least
				  one board meeting per twelve month period where all residents, their
				  representatives, adult family home staff, the department, representatives of
				  resident advocacy programs, and the long-term care ombuds can view it;
				  and
(3) Provide written notice to
				  all residents and the department when the entity representative changes as soon
				  as possible upon realizing the need for a change.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10040 - License requirements - Qualified person must live-in or be on-site

Current through Register Vol. 24-14, July 15, 2024
(1) The adult
				  family home provider or entity representative must:
(a) Live in the home; or
(b) Employ or contract with a resident
				  manager who lives in the home and is responsible for the care and services of
				  each resident at all times.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10045 - Licensing - Certain state employees and employee household members - Prohibited

Current through Register Vol. 24-14, July 15, 2024
The department must not issue an adult family home license
					 to employees or members of the employees' household of:
(1) Aging and disability services
				  administration; or
(2) The
				  department when the employee's duties include:
(a) Placement of persons in an adult family
				  home; or
(b) Authorizing payments
				  for any resident's care and services in an adult family home.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE › Section 388-76-10050 - License - Relinquishment

Current through Register Vol. 24-14, July 15, 2024
(1) If an
				  adult family home does not have any residents, it may relinquish its license at
				  any time.
(2) The home must
				  relinquish its license if it has not provided care and services to residents
				  for twenty-four months.
(3) The
				  department may revoke the adult family home license if:
(a) The home does not relinquish the license
				  as required under subsection (2); and
(b) There is no credible evidence that
				  residents were cared for in the home during the period of time specified in
				  subsection (2).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10055 - Application-Generally

Current through Register Vol. 24-14, July 15, 2024
The applicant must send a completed application to the
					 department for any of the following actions:
(1) To receive an initial adult family home
				  license;
(2) To change ownership of
				  the adult family home;
(3) To
				  change the location or address of the adult family home; or
(4) To increase the licensed capacity of the
				  adult family home.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10055,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10055, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10057 - Application - General qualifications

Current through Register Vol. 24-14, July 15, 2024
Before sending the application to the department, the
					 applicant must ensure that the people listed on the application meet any
					 applicable minimum qualifications listed in WAC
					 388-76-10130 through
					 388-76-10145.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10057,
						filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10060

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10060, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10063 - Application-General training requirements

Current through Register Vol. 24-14, July 15, 2024
An applicant must ensure that any individual provider,
					 entity representative, or resident manager listed on the application has
					 successfully completed the training that is required for their role under this
					 chapter and chapter 388-112A WAC.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10063,
						filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10064 - Adult family home administrator training requirements

Current through Register Vol. 24-14, July 15, 2024
(1)  Applicants and
				  entity representatives must successfully complete the department approved adult
				  family home administration class as required in chapter 388-112A WAC.
(2) An applicant who operates or is the
				  entity representative in a currently licensed home and has already taken the
				  adult family home administrator training is not required to take the class
				  again. However, a currently licensed provider or current entity representative
				  who has not successfully completed the adult family home administrator training
				  must take the class before submitting an application for a new license.
(3)  Under exceptional
				  circumstances, the department may waive the administrator training class for up
				  to four months if the application meets all the other requirements for
				  licensure and all the components of WAC
				  388-76-10074
				  or the requirements for a provisional license per RCW 70.128.-064.
Statutory Authority: Chapter 70.128 RCW. 12-01-004,
						§ 388-76-10064, filed 12/7/11, effective 1/7/12. Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10064,
						filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10065 - Application - Required information

Current through Register Vol. 24-14, July 15, 2024
To apply for a license, an applicant must:
(1) Provide all information required on the
				  application form;
(2) Provide any
				  additional information requested by the department; and
(3) Send the complete application form to the
				  department.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10065, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10070 - Application - Fees required

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  applicant must pay all processing and license fees established in the state
				  omnibus appropriations act and any amendment or additions made to that
				  act.
(2) The applicant must submit
				  the required fees with the application form.
Statutory Authority: Chapter 70.128 RCW. 12-01-004,
						§ 388-76-10070, filed 12/7/11, effective 1/7/12. Statutory Authority:
						RCW
						70.128.040. 09-21-075, § 388-76-10070,
						filed 10/16/09, effective 11/16/09. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10070, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10073 - Application - Processing fees required

Current through Register Vol. 24-14, July 15, 2024
The processing fee, required in the state omnibus
					 appropriations act and any amendment or additions made to that act, applies to
					 any application submitted to the department, including but not limited to an
					 application for licensure, change of ownership, or a change of
					 location.
Statutory Authority: Chapter 70.128 RCW. 12-01-004,
						§ 388-76-10073, filed 12/7/11, effective 1/7/12. Statutory Authority:
						RCW
						70.128.040. 09-21-075, § 388-76-10073,
						filed 10/16/09, effective 11/16/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10074 - Application-Waiver of fees

Current through Register Vol. 24-14, July 15, 2024
The department may authorize a one-time waiver of the
					 application fees for a change of ownership or relocation, if the situation
					 meets all of the following conditions:
(1)
				   The current provider has experienced an exceptional circumstance
				  such as the diagnosis of a terminal or debilitating illness that prevents them
				  from running the adult family home;
(2)
				   Residents will be forced to move if a new provider is not
				  licensed;
(3) Full payment of the
				  licensing fee would cause the applicant a financial hardship;
(4) The application has been approved for
				  priority processing by the local field office per WAC
				  388-76-10107;
				  and
(5) Neither the applicant nor
				  the current provider has requested a waiver of fees in the past.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10075 - Application - Becomes void

Current through Register Vol. 24-14, July 15, 2024
The department must consider the application void when the
					 applicant:
(1) Does not return
				  information to the department within sixty calendar days of the department's
				  first request for additional information for an incomplete application;
				  or
(2) Has not obtained an adult
				  family home license within one calendar year of first submitting the
				  application to the department.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10075, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10080 - Application - Coprovider

Current through Register Vol. 24-14, July 15, 2024
Couples who are legally married or domestic partners under
					 Washington state law:
(1) May not
				  apply for separate licenses; and
(2) May apply jointly to be coproviders, if
				  they are both qualified. One person may apply to be a provider without
				  requiring the other person to apply.
Statutory Authority: Chapter 70.128 RCW. 12-01-004,
						§ 388-76-10080, filed 12/7/11, effective 1/7/12. Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10080,
						filed 1/15/10, effective 2/15/10; 09-03-030, § 388-76-10080, filed
						1/12/09, effective 2/12/09. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10080, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10085 - Application- Affiliated facilities

Current through Register Vol. 24-14, July 15, 2024
The applicant must include in the application a list of all
					 facilities or homes in which the applicant, persons affiliated with the
					 applicant, or affiliated entities provided care and services to children or
					 vulnerable adults within the last ten years.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10085, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10090 - Application-Entity application

Current through Register Vol. 24-14, July 15, 2024
An entity submitting an application must:
(1) Include a list of all facilities or homes
				  in which the applicant or persons affiliated with the applicant, managerial
				  employee, or owner of five percent or more of the entity provided care and
				  services to children or vulnerable adults within the last ten years;
(2) Designate an entity representative who:
(a) Fulfills the training and qualification
				  requirements under this chapter that only an individual can fulfill where an
				  entity cannot;
(b) Is responsible
				  on behalf of the entity for the operations of the adult family home;
(c)  Will be considered the department's
				  primary contact person on behalf of the entity;
(d) May act as the resident manager in only
				  one home;
(e)  May be an officer,
				  director, member, or owner of the entity, but in the case that they are not,
				  the entity provider must have a plan under WAC 388-76-10201 to ensure that at
				  no time will the entity provider lack an entity representative that meets the
				  requirements of subsection (2) (a) of this section; and
(f) May be designated as the entity
				  representative for only one entity provider;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10095 - Application-Identification of property owner-Required

Current through Register Vol. 24-14, July 15, 2024
(1) Applicants must name the property owner
				  of the building if the building to be used as an adult family home is leased,
				  under contract, or rented and the property owner takes an active interest in
				  the operation of the home.
(2) An
				  active interest includes but is not limited to:
(a) The charging of rent as a percentage of
				  the business;
(b)  Assistance with
				  start-up and/or operational costs;
(c) Collection of resident fees;
(d) Recruitment of residents;
(e) Management oversight;
(f) Assessment and/or negotiated care plan
				  development of residents;
(g) The
				  provision of personal or special care of residents; or
(h) Property ownership by an affiliated
				  entity.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10100 - Application - Subject to review

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Adult family home license applications are subject to review under this
				  chapter.
(2) The department will
				  not process an incomplete application and will return the application
				  requesting the missing information.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10100, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10105 - Application-Change of ownership

Current through Register Vol. 24-14, July 15, 2024
(1) Under
				  this section, "control of the provider" means the possession, directly or
				  indirectly, of the power to direct the management, operation and/or policies of
				  the adult family home, whether through ownership, voting control, by agreement,
				  by contract, or otherwise.
(2) A
				  change of ownership of an adult family home requires both a new license
				  application and a new license.
(3) 
				  A change of ownership occurs when there is a change in:
(a) The provider; or
(b) The control of a provider.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10106 - Change of ownership-Notice to department and residents

Current through Register Vol. 24-14, July 15, 2024
(1)  The current adult family home owner must
				  provide written notice to the department and residents or applicable resident
				  representatives sixty calendar days prior to the date of the proposed change of
				  ownership; and
(2) The home must
				  include the following information in the written notice:
(a)  Names of the present owner and
				  prospective owner, and if the present or prospective owner is an entity,
				  include the names of each partner, member, officer, and director of the entity,
				  and of any affiliated entities;
(b)
				  Name and address of the adult family home for which the ownership is being
				  changed;
(c) Date notice was
				  provided;
(d) The resident's right
				  to decide whether they want to stay or move; and
(e)  Any change in the home's policies or
				  operations that could impact a resident's ability to continue to live in the
				  home. For example, if the new owner will be changing the home's policy on
				  serving medicaid eligible residents, that change might impact a resident's
				  ability to continue receiving services in the home.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10107 - Priority processing-Change of ownership and relocation

Current through Register Vol. 24-14, July 15, 2024
(1)  In order to prevent disruption to
				  residents, currently licensed providers may request in writing that the
				  department give priority processing to an applicant seeking to be licensed as
				  the new provider of an existing, licensed adult family home in the event of a
				  change of ownership or relocation.
(2) If priority processing is granted, the
				  requirement that written notification be provided to the department and
				  residents or applicable resident representatives sixty days prior to the change
				  of ownership may be waived. Notice will be required as early as possible if
				  this requirement is waived.
Statutory Authority:
						RCW
						70.128.040. 10-14-058, § 388-76-10107,
						filed 6/30/10, effective 7/31/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › LICENSE APPLICATION › Section 388-76-10110 - Application - Change of location or address

Current through Register Vol. 24-14, July 15, 2024
(1) A change of the adult family home
				  location or address requires both a new license application and a new
				  license.
(2) The home must not
				  start operations of the home at a new location until the department has granted
				  the license for the new location.
(3) The home must notify each resident or
				  resident representative, in writing at least thirty days before the effective
				  date of the change of the home location or address.
Statutory Authority:
						RCW
						70.128.040. 10-04-008, § 388-76-10110,
						filed 1/22/10, effective 2/22/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10110, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › GRANTING OR DENYING A LICENSE › Section 388-76-10115 - Granting or denying a license - Generally

Current through Register Vol. 24-14, July 15, 2024
In making a determination of whether to grant an adult
					 family home license, the department must consider:
(1) Separately and jointly each person and
				  entity named in an application, including each person or entity affiliated with
				  the applicant;
(2) Information in
				  the application;
(3) Other
				  documents and information the department deems relevant which may include, but
				  not be limited to:
(a) Inspection and
				  complaint investigation findings in each facility or home in which the
				  applicant, person affiliated with the applicant, or owner of five percent or
				  more of the entity provided care or services to children or vulnerable adults;
				  and
(b) Credit
				  information.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › QUALIFICATIONS OF INDIVIDUALS PROVIDING CARE AND SERVICES › Section 388-76-10129 - Qualifications-Adult family home personnel

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The adult family home must ensure that any person employed or used by the adult
				  family home, directly or by contract, is qualified and meets all of the
				  applicable requirements of this chapter and chapter 388-112A WAC. This may
				  include, but is not limited to:
(a) The
				  provider;
(b) Entity
				  representative;
(c) Resident
				  manager;
(d) Staff; and
(e) Caregivers.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › QUALIFICATIONS OF INDIVIDUALS PROVIDING CARE AND SERVICES › Section 388-76-10130 - Qualifications-Provider, entity representative, and resident manager

Current through Register Vol. 24-14, July 15, 2024
The adult family home must ensure that the provider, entity
					 representative on behalf of an entity provider, and resident manager have the
					 following minimum qualifications:
(1) 
				  Be twenty-one years of age or older;
(2) Have a United States high school diploma
				  or high school equivalency certificate as provided in
				  RCW
				  28B.50.536, or any English or translated
				  government document of the following:
(a)
				  Successful completion of government approved public or private school education
				  in a foreign country that includes an annual average of one thousand hours of
				  instruction a year for twelve years, or no less than twelve thousand hours of
				  instruction;
(b) Graduation from a
				  foreign college, foreign university, or United States community college with a
				  two-year diploma, such as an associate's degree;
(c)  Admission to, or completion of course
				  work at a foreign or United States college or university for which credit was
				  awarded;
(d) Graduation from a
				  foreign or United States college or university, including award of a bachelor's
				  degree;
(e) Admission to, or
				  completion of postgraduate course work at, a United States college or
				  university for which credits were awarded, including award of a master's
				  degree; or
(f) Successful passage
				  of the United States board examination for registered nursing, or any
				  professional medical occupation for which college or university education was
				  required;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › QUALIFICATIONS OF INDIVIDUALS PROVIDING CARE AND SERVICES › Section 388-76-10135 - Qualifications-Caregiver

Current through Register Vol. 24-14, July 15, 2024
The adult family home must ensure each caregiver has the
					 following minimum qualifications:
(1)
				  Be eighteen years of age or older;
(2) Has a clear understanding of the
				  caregiver job responsibilities and knowledge of each resident's negotiated care
				  plan to provide care specific to the needs of each resident;
(3) Has basic communication skills to:
(a) Be able to communicate or make provisions
				  to communicate with the resident in his or her primary language; and
(b) Understand and speak English well enough
				  to:
(i) Respond appropriately to emergency
				  situations; and
(ii) Read,
				  understand, and implement resident negotiated care plans;