reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › DEFINITIONS › Section 388-835-0025 - How can lease agreements be terminated?

Current through Register Vol. 24-14, July 15, 2024
(1) Lease agreements can be terminated by:
(a) Eliminating or adding parties to the
				  agreement;
(b) Expiration of the
				  agreement;
(c) Modifying of any
				  lease term in the agreement;
(d)
				  Terminating the agreement by any means by either party; or
(e) Extending or renewing the agreement, even
				  if done according to its renewal provision, creates a new agreement and
				  effectively terminates the old one.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › DEFINITIONS › Section 388-835-0030 - What is a "qualified therapist"?

Current through Register Vol. 24-14, July 15, 2024
A qualified therapist is any of the following:
(1) An activity specialist who has department
				  specified specialized education, training, or experience;
(2) An audiologist eligible for a certificate
				  of clinical competency in audiology or possessing the equivalent education and
				  clinical experience;
(3) A dental
				  hygienist defined, licensed and regulated by
				  chapter
				  18.29 RCW;
(4) A dietitian either:
(a) Eligible for registration by the American
				  Dietetic Association under requirements in effect on January 17, 1974;
				  or
(b) With a baccalaureate degree
				  whose major studies covered food and nutrition, dietetics, or food service
				  management; plus one year supervisory experience in the dietetic service of a
				  health care institution; and annual participation in continuing dietetic
				  education;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › EXEMPTIONS › Section 388-835-0035 - Does DSHS grant exemptions to these rules?

Current through Register Vol. 24-14, July 15, 2024
(1) DSHS may approve an exemption to a
				  specific rule in this chapter if an:
(a)
				  Assessment of the request concludes that the exemption will not undermine the
				  legislative intent of Title 71A RCW, Developmental disabilities; and
(b) Evaluation of the request shows that the
				  exemption will not adversely effect the quality of service, supervision,
				  health, and safety of department-served persons.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › GENERAL REQUIREMENTS › Section 388-835-0040 - What general requirements apply to ICF/MR care facilities?

Current through Register Vol. 24-14, July 15, 2024
The following general requirements apply:
(1) The administration will recognize only
				  the official name of an ICF/ID as shown on the license.
(2) All state and private ICF/ID facilities
				  must be certified as a Title XIX ICF/ID facility.
(3) All private ICF/ID facilities with a
				  certified capacity of at least sixteen beds must be licensed as a nursing home
				  under chapter 18.51
				  RCW, Nursing homes.
(4) All private
				  ICF/ID facilities with a certified capacity of less than sixteen beds must be
				  licensed as a boarding home for the aged under chapter 18.20 RCW.
(5) All facilities certified to provide
				  ICF/ID services must comply with all applicable Title XIX, Section 1905 of the
				  Social Security Act 42 U.S.C federal regulations as amended. In addition, all
				  private-operated facilities must comply with state regulation governing the
				  licensing of nursing homes or boarding homes for the aged and any other
				  relevant state regulations.
(6) All
				  certified facilities must only admit persons with developmental disabilities as
				  residents.
(7) State facilities may
				  not exceed funded capacity unless authorized by the secretary to do so (see
				  RCW
				  71A.20.090 ).
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0040,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › GENERAL REQUIREMENTS › Section 388-835-0045 - What are the minimum staff requirements for an ICF/ID facility?

Current through Register Vol. 24-14, July 15, 2024
All ICF/ID facilities must provide sufficient number of
					 qualified staff to meet the needs of their residents.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0045,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › GENERAL REQUIREMENTS › Section 388-835-0050 - What general requirements apply to the quality of ICF/ID services?

Current through Register Vol. 24-14, July 15, 2024
(1) DSHS is
				  responsible for assuring the:
(a) Health care
				  and habilitative training needs of an individual are identified and met
				  according to state and federal regulations.
(b) Individual is placed in a facility
				  certified as capable of meeting their needs.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › GENERAL REQUIREMENTS › Section 388-835-0055 - What are the resident's rights if DSHS decides that they are no longer eligible for ICF/ID services?

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  resident, their guardian, next-of-kin, or responsible party must be informed by
				  DSHS in writing thirty days before any redetermination of their eligibility for
				  ICF/ID services takes place.
(2)
				  The redetermination notice must include:
(a)
				  The reasons for the proposed eligibility change;
(b) A statement that the resident or any
				  other individual designated by the resident has a right to a conference with a
				  DDA representative within thirty days of receipt of the notice;
(c) A statement that the resident has the
				  right to request a hearing to contest the department's decision within thirty
				  days of the notice;
(d) Information
				  as to how a hearing can be requested;
(e) A statement that the resident has the
				  right to be represented at the hearing by an authorized representative;
				  and
(f) Information regarding the
				  availability and location of legal services within the resident's
				  community.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › GENERAL REQUIREMENTS › Section 388-835-0060 - What are DSHS responsibilities when it decides to re-determine a resident eligibility for ICF/ID services?

Current through Register Vol. 24-14, July 15, 2024
DSHS must send a hearing request form with the notice of
					 redetermination.
(1) If the resident
				  requests a hearing within the thirty-day time period, DSHS must not redetermine
				  eligibility until a hearing decision is reached or appeal rights have been
				  exhausted unless redetermination is warranted by the resident's health or
				  safety needs.
(2) If the secretary
				  or the secretary's designee concludes that redetermination is not appropriate,
				  no further action will be taken to redetermine eligibility unless there is a
				  change in the situation or circumstances. If there is a change in the situation
				  or circumstances, the request may be resubmitted.
(3) If the secretary or the secretary's
				  designee affirms the decision to change the resident's eligibility and no
				  judicial review is filed within thirty days of the receipt of notice of
				  redetermination, the department must proceed with the planned action.
(4) If the secretary or secretary's designee
				  affirms the decision to change the resident's eligibility and a request for
				  judicial review has been filed, any proposed redetermination must be delayed
				  until the appeal process is complete unless a delay jeopardizes the resident's
				  health or safety.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0060,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › GENERAL REQUIREMENTS › Section 388-835-0065 - Do residents always have a right to a hearing?

Current through Register Vol. 24-14, July 15, 2024
Advance notice and planning does not include a right to a
					 hearing for a resident when the department concludes that the facility where
					 the resident resides cannot provide Title XIX services due to:
(1) Termination of the facility's
				  contract;
(2) Decertification of
				  the facility;
(3) Nonrenewal of the
				  facility's contract;
(4) Revocation
				  of the facility's license; or
(5)
				  An emergency suspension of the facility's license.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0065,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0070 - What requirements apply to the placement of individuals in an ICF/ID facility?

Current through Register Vol. 24-14, July 15, 2024
(1) Placing
				  individuals in an ICF/ID facility is the responsibility of the developmental
				  disabilities administration and must be done according to applicable federal
				  and state regulations.
(2) A
				  facility may not admit an individual who requires services the facility cannot
				  provide.
(3) Department
				  representatives must determine an individual's eligibility for ICF/ID services
				  before payment can be approved.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0070,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0075 - What if an individual is transferred between facilities?

Current through Register Vol. 24-14, July 15, 2024
(1) When an
				  individual is transferred between facilities, all essential information
				  concerning the individual, their condition, regimen of care and training must
				  be transmitted, in writing, by the sending facility to the receiving facility
				  at the time of the transfer.
(2)
				  "Transferred between facilities" means transferred from:
(a) An ICF/ID to ICF/ID;
(b) An ICF/ID to a hospital;
(c) A hospital to an ICF/ID; or
(d) An ICF/ID or hospital to alternative
				  community placement.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0080 - What if an ICF/ID facility is closed?

Current through Register Vol. 24-14, July 15, 2024
(1) When a facility plans to close, it must
				  notify the department, in writing, at least one hundred and eighty days before
				  the date of closure.
(2) Upon
				  receipt of a notice of closure, the department must stop referring individuals
				  to the facility and begin the orderly transfer of its residents.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0080,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0085 - Why is an individual transferred or discharged?

Current through Register Vol. 24-14, July 15, 2024
An individual admitted to a facility can be transferred or
					 discharged only for:
(1) Medical
				  reasons;
(2) A change in the
				  individual's habilitation needs;
(3) The individual's welfare;
(4) The welfare of other residents;
(5) At the request of the resident or legal
				  guardian;
(6) Partial closure of
				  the facility; or
(7) Closure of the
				  facility.
Statutory Authority: Chapter 71A.20 RCW,
						RCW
						71A.12.080,
						71A.20.140, 2003 1st sp.s. c 25
						§ 205. 04-16-018, § 388-835-0085, filed 7/23/04, effective 8/23/04.
						Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0085,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0090 - What is the basis of the decision to transfer or discharge an individual?

Current through Register Vol. 24-14, July 15, 2024
The decision to transfer or discharge an individual must be
					 based on:
(1) An assessment of the
				  resident in consultation with the service provider and the parent or guardian;
				  and
(2) A review of the relevant
				  records; or
(3) Partial closure of
				  the facility; or
(4) Closure of the
				  facility.
Statutory Authority: Chapter 71A.20 RCW,
						RCW
						71A.12.080,
						71A.20.140, 2003 1st sp.s. c 25
						§ 205. 04-16-018, § 388-835-0090, filed 7/23/04, effective 8/23/04.
						Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0090,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0095 - Is a transfer plan required for each resident?

Current through Register Vol. 24-14, July 15, 2024
(1) DDA must prepare a written plan for each
				  resident to be transferred.
(2)
				  These plans must:
(a) Identify the location
				  of available facilities that provide services appropriate and consistent with
				  the resident's needs;
(b) Provide
				  for coordination between the staffs of the old and new agencies;
(c) Allow for a pre-transfer visit, when the
				  resident's condition permits, to the new facility, so the resident can become
				  familiar with the new surroundings and residents;
(d) Encourage active participation by the
				  resident's guardian or family in the transfer preparation;
(e) Facilitate discussions between the staffs
				  of the old and new facilities regarding expectations;
(f) Provide opportunities for consultations
				  on request between the two staffs; and
(g) Require follow-up by DDA to monitor the
				  effects of the transfer.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0100 - Why would an individual move?

Current through Register Vol. 24-14, July 15, 2024
An individual may move if:
(1) The services provided to an individual do
				  not meet their needs;
(2) A
				  facility's ICF/ID certification or license is revoked or suspended;
(3) Medical reasons dictate
				  relocation;
(4) A resident's
				  welfare would be improved;
(5) The
				  welfare of the other residents would be enhanced;
(6) There is no payment for services provided
				  to the resident during their stay at the facility;
(7) The resident and/or guardian make a
				  formal request;
(8) The facility is
				  partially closing; or
(9) The
				  facility is closing.
Statutory Authority: Chapter 71A.20 RCW,
						RCW
						71A.12.080,
						71A.20.140, 2003 1st sp.s. c 25
						§ 205. 04-16-018, § 388-835-0100, filed 7/23/04, effective 8/23/04.
						Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0100,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0105 - What are DSHS' responsibilities for placing individuals?

Current through Register Vol. 24-14, July 15, 2024
(1) When services
				  available to an individual do not meet their needs, the department is
				  responsible for initiating and facilitating the resident's
				  relocation.
(2) The department may
				  enforce immediate movement of a resident from an ICF/ID facility when the
				  facility's ICF/ID certification or license is revoked or suspended.
(3) The department must notify a resident and
				  their guardian, next of kin, or responsible party, in writing, when:
(a) DSHS or Centers for Medicare and Medicaid
				  (CMS) determines a facility no longer meets certification requirements as an
				  ICF/ID;
(b) DSHS determines the
				  facility does not meet contract requirements; or
(c) A facility voluntarily terminates their
				  contract with DSHS or stops participating in the ICF/ID program.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0110 - Is DSHS required to give written notice when it intends to transfer an individual?

Current through Register Vol. 24-14, July 15, 2024
(1) WAC
				  388-835-0055 requires that DSHS
				  give the resident and their guardian, next of kin, or responsible party thirty
				  days notice, in writing, of its intent to transfer the resident.
(2) If there is a serious and immediate
				  threat to the resident's health or safety, DSHS is not required to give the
				  resident and their guardian, next of kin, or responsible party thirty days
				  notice of it's intent to transfer the resident.
Statutory Authority:
						RCW
						71A.16.010,
						71A.16.030,
						71A.12.030, chapter 71A.20 RCW,
						RCW
						72.01.090, and 72.33.125. 02-16-014, §
						388-835-0110, filed 7/25/02, effective 8/25/02. Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0110,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0115 - Can a facility request that an individual be transferred?

Current through Register Vol. 24-14, July 15, 2024
Facilities can request that a resident be transferred for
					 the following reasons:
(1) Medical
				  reasons;
(2) A change in the
				  individual's habilitation needs;
(3) The individual's welfare;
(4) The welfare of the other
				  residents;
(5) Nonpayment for
				  services provided to the resident during the resident's stay at the
				  facility;
(6) The facility is
				  partially closing; or
(7) The
				  facility is closing.
Statutory Authority: Chapter 71A.20 RCW,
						RCW
						71A.12.080,
						71A.20.140, 2003 1st sp.s. c 25
						§ 205. 04-16-018, § 388-835-0115, filed 7/23/04, effective 8/23/04.
						Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0115,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0120 - What steps must be followed when a facility makes a transfer request?

Current through Register Vol. 24-14, July 15, 2024
The following steps apply when a facility wants a resident
					 transferred:
(1) The facility must
				  send their request to the department in writing. The request must explain why
				  the relocation is necessary and document that the interdisciplinary team
				  responsible for developing the resident's habilitation plans agrees with the
				  request.
(2) DSHS must approve or
				  deny the request within fifteen working days of receiving it. The department's
				  decision must be based upon:
(a) An on-site
				  visit with the resident; and
(b) A
				  review of the resident's records.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0125 - Can residents request a transfer?

Current through Register Vol. 24-14, July 15, 2024
(1) Every resident has a right to:
(a) Request a transfer; and
(b) Select where they wish to move.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0130 - What rights are available to a resident regarding a proposed transfer?

Current through Register Vol. 24-14, July 15, 2024
(1) A resident,
				  their guardian, next-of-kin, or responsible party must be notified in writing
				  at least thirty days before any transfer occurs.
(2) The transfer notice must include:
(a) The reasons supporting the proposed
				  transfer;
(b) A statement that the
				  resident or any other individual designated by the resident has a right to a
				  conference with a DDA representative within twenty-eight days of receipt of the
				  notice;
(c) A statement that the
				  resident has the right to request a hearing to contest the department's
				  decision within thirty days of the notice;
(d) Information as to how a hearing can be
				  requested;
(e) A statement that the
				  resident has the right to be represented at the hearing by an authorized
				  representative; and
(f) Information
				  regarding the availability and location of legal services within the resident's
				  community.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PLACEMENT - TRANSFER - RELOCATION - DISCHARGE › Section 388-835-0140 - Do residents always have a right to a hearing?

Current through Register Vol. 24-14, July 15, 2024
Advance notice and planning does not include a right to a
					 hearing for a resident when the department concludes that the facility where
					 the resident resides cannot provide Title XIX services due to:
(1) Termination of the facility's
				  contract;
(2) Decertification of
				  the facility;
(3) Nonrenewal of the
				  facility's contract;
(4) Revocation
				  of the facility's license;
(5) An
				  emergency suspension of the facility's license;
(6) Partial closure of the facility;
				  or
(7) Closure of the
				  facility.
Statutory Authority: Chapter 71A.20 RCW,
						RCW
						71A.12.080,
						71A.20.140, 2003 1st sp.s. c 25
						§ 205 04-16-018, § 388-835-0140, filed 7/23/04, effective 8/23/04.
						Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0140,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › DISCHARGE/READMISSION AND INCIDENT REPORTING › Section 388-835-0145 - Does a facility have a responsibility to report incidents involving residents?

Current through Register Vol. 24-14, July 15, 2024
Any facility that has an ICF/ID contract with DSHS must
					 immediately contact their DDA regional services office regarding unauthorized
					 leaves, disappearances, serious accidents, or other traumatic incidents
					 effecting a resident or the resident's health or welfare.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0145,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › DISCHARGE/READMISSION AND INCIDENT REPORTING › Section 388-835-0150 - When does DSHS require discharge and readmission of a resident?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0150,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › SOCIAL LEAVE FOR ICF/ID RESIDENTS › Section 388-835-0155 - What requirements apply to social leaves for ICF/ID residents?

Current through Register Vol. 24-14, July 15, 2024
(1) All social
				  leaves should be consistent with the goals and objectives in the resident's
				  individual habilitation plan.
(2)
				  Any facility vacancies resulting from a resident's social leave will be
				  reimbursed if the leave complies with the individual habilitation plan and the
				  following conditions:
(a) The facility must
				  notify the DDA assistant secretary or their designee of all social leaves
				  exceeding fifty-three hours.
(b)
				  All social leaves exceeding seven consecutive days must receive prior written
				  approval from the DDA assistant secretary or their designee.
(c) The DDA assistant secretary or their
				  designee must give written approval before a resident can accumulate more than
				  seventeen days of social leave per year.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › SUPERINTENDENT'S AUTHORITY TO DETAIN A RESIDENT › Section 388-835-0160 - Can residential habilitation center (RHC) superintendents involuntarily detain residents?

Current through Register Vol. 24-14, July 15, 2024
(1) When an RHC
				  resident decides to initiate a voluntarily discharge, the superintendent must
				  determine if the discharge is harmful to the resident.
(2) If the superintendent concludes that the
				  discharge is harmful, they may detain the resident for up to forty-eight hours
				  until the harm passes. The superintendent may also refer the resident to a
				  mental health professional as defined in
				  RCW
				  71.05.150.
(3) At the end of the forty-eight hour
				  detention period, the superintendent must release the resident.
(4) If, within six months, the superintendent
				  detains the resident a second time, they must refer the resident to a mental
				  health professional within eight hours of the second detention. During this
				  second detention, the resident may only be held until the mental health
				  professional:
(a) Investigates and evaluates
				  the specific facts surrounding the situation; and
(b) Determines if further detention is
				  necessary (see
				  RCW
				  71.05.150 ).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › SUPERINTENDENT'S AUTHORITY TO DETAIN A RESIDENT › Section 388-835-0165 - Is a superintendent required to give notice when they detain a resident?

Current through Register Vol. 24-14, July 15, 2024
(1) When a
				  superintendent detains an RHC resident, the superintendent or their designee
				  must notify the resident and their legal representative as required in
				  RCW
				  71A.10.070.
(2) If the resident's legal representative is
				  not available, the superintendent must also notify one or more of the following
				  persons in the order of priority listed:
(a)
				  A parent of the resident;
(b) Other
				  persons of close kinship relationship to the resident;
(c) The Washington protection and advocacy
				  agency for the rights of a person with a developmental disability, appointed in
				  compliance with 42 U.S.C. section 6042; or
(d) A person, who is not a DSHS employee or
				  an ICF/ ID but who, in the superintendent's opinion, is concerned with the
				  resident's welfare.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › SUPERINTENDENT'S AUTHORITY TO DETAIN A RESIDENT › Section 388-835-0170 - What is a superintendent's responsibility when a resident voluntarily leaves an RHC?

Current through Register Vol. 24-14, July 15, 2024
When a resident voluntarily leaves RHC programs and
					 services, the superintendent must initiate discharge
					 proceedings.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0170,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › ICF/ID CONTRACTS › Section 388-835-0175 - What if a facility violates its ICF/ID contract?

Current through Register Vol. 24-14, July 15, 2024
(1) If a facility violates the terms of their
				  contract, DSHS may temporarily suspend referring residents to it.
(2) Whenever DSHS suspends referrals it must
				  notify the facility immediately, in writing, and give the reasons for its
				  action.
(3) The suspension may
				  continue until DSHS determines that the circumstances leading to it have been
				  corrected.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0175,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › ICF/ID CONTRACTS › Section 388-835-0180 - What if an ICF/ID contract is terminated?

Current through Register Vol. 24-14, July 15, 2024
(1) Before a contract is terminated, the
				  provider must give DSHS one hundred and eighty days written notice of the
				  termination.
(2) When a contract is
				  terminated, the provider must submit final reports to DSHS according to the
				  requirements of WAC
				  388-835-0185.
(3) When notified of a contract termination,
				  DSHS must determine, by preliminary or final settlement calculations, the
				  amount of any overpayments made to the provider, including overpayments
				  disputed by the provider. If preliminary or final settlements are not available
				  for any periods before the termination date of the contract, DSHS must use
				  available relevant information to make a reasonable estimate of any
				  overpayments or underpayments.
(4)
				  The provider must file a properly completed final cost report (see the
				  requirements in WAC
				  388-835-0225,
				  388-835-0230, and
				  388-835-0235 ). This report may
				  be audited by DSHS. A final settlement must be determined within ninety days
				  after the audit process is completed (including any administrative review of
				  the audit requested by the provider) or within twelve months of the termination
				  of the contract if an audit is not performed.
Statutory Authority:
						RCW
						71A.16.010,
						71A.16.030,
						71A.12.030, chapter 71A.20 RCW,
						RCW
						72.01.090, and 72.33.125. 02-16-014, §
						388-835-0180, filed 7/25/02, effective 8/25/02. Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0180,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › ICF/ID CONTRACTS › Section 388-835-0185 - Does DSHS withhold payment for services when a contract is terminated?

Current through Register Vol. 24-14, July 15, 2024
(1) Payment for
				  services provided before a contract was terminated, equal to the amount
				  determined in WAC
				  388-835-0180(3),
				  may be withheld by DSHS until the provider files a properly completed final
				  annual cost report and a final settlement has been calculated.
(2) Instead of withholding payments, DSHS may
				  allow a provider to offer security equal to the determined and/or estimated
				  overpayments even when the overpayments are being disputed in good faith. Types
				  of security acceptable to DSHS are:
(a) A
				  surety bond issued by a bonding company acceptable to DSHS;
(b) An assignment of funds to DSHS;
(c) Collateral acceptable to DSHS;
(d) A purchaser's assumption of liability for
				  the provider's overpayment; or
(e)
				  Any combination of (a) through (d) of this subsection.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › ICF/ID CONTRACTS › Section 388-835-0190 - What happens to withheld payments and security from a provider when a final settlement is determined?

Current through Register Vol. 24-14, July 15, 2024
(1) When a final settlement is determined,
				  security held by DSHS must be released to the provider after any related
				  overpayments owed to the department have been paid.
(2) If the provider disagrees with the
				  settlement and does not repay any overpayments owed, DSHS must retain security
				  equal to the amount of the disputed overpayments until the administrative
				  appeal process is completed.
(3) If
				  the total of withheld payments, bonds, and assignments is less than the total
				  of the determined and/or estimated overpayments, the unsecured portion of the
				  overpayments is a debt owed to the state of Washington. This debt becomes a
				  lien against the provider's real and personal property when DSHS files with the
				  auditor in the county where the provider resides or owns property. This lien
				  has preference over all unsecured creditor claims against the
				  provider.
(4) If the total existing
				  overpayments exceed the value of the security held by DSHS, DSHS may use
				  whatever legal means are available to recover the difference.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0190,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › ICF/ID CONTRACTS › Section 388-835-0195 - What requirements apply to surety bonds or assigned funds used as security by a provider?

Current through Register Vol. 24-14, July 15, 2024
All surety bonds or assignment of funds, offered as
					 security, must be:
(1) At least equal
				  in amount to the determined and/or estimated overpayments minus any withheld
				  payments even if the overpayments are the subject of a good faith
				  dispute;
(2) Issued or accepted by
				  a bonding company or financial institution licensed to transact business in
				  Washington state;
(3) For a term
				  sufficient to cover the time period needed to determine a final settlement and
				  exhaust administrative and judicial remedies;
(4) Forfeited to DSHS if the term proves
				  insufficient and the bond or assignment is not renewed for an amount equal to
				  any remaining overpayment in dispute;
(5) Paid to DSHS if a properly completed
				  final cost report is not filed by the provider or if financial records
				  supporting this report are not retained and available to the auditor;
				  and
(6) Paid to DSHS if the
				  provider does not pay the refund owed within sixty days following receipt of a
				  written demand to do so or the conclusion of any administrative or judicial
				  proceedings held to settle the dispute.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0195,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › ICF/ID CONTRACTS › Section 388-835-0200 - Does decertification, termination or nonrenewal of a contract stop payment of Title XIX funds?

Current through Register Vol. 24-14, July 15, 2024
A decertification, termination, or nonrenewal of a
					 contract stops the payment of Title XIX funds. Actions such as these do not
					 affect a facility's right to operate as a nursing home or boarding home, but
					 they do disqualify the facility from operating as an ICF/ID facility and
					 receiving federal funds.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0200,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › ICF/ID CONTRACTS › Section 388-835-0205 - How does a change in ownership affect an ICF/ID contract with DSHS?

Current through Register Vol. 24-14, July 15, 2024
(1) On the
				  effective date of a change of ownership, DSHS's contract with the former owner
				  is terminated. The former owner must give DSHS one hundred and eighty days
				  written notice before the contract is terminated. When a certificate of need is
				  required for the new owner and the new owner wishes to continue to provide
				  services to residents without interruption, a certificate of need must be
				  obtained before the former owner submits their notice of termination (see
				  chapter 70.38 RCW for certificate of need requirements).
(2) If the new provider plans to participate
				  in the cost related reimbursement system, they must meet the conditions
				  specified in WAC
				  388-835-0215 and submit the
				  projected budget required in WAC
				  388-835-0220. The new owner's
				  ICF/ID contract is effective on the date ownership changes.
(3) When a contract is terminated, the
				  provider must reverse any accumulated liabilities assumed by a new owner
				  against the appropriate accounts.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0205,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PROSPECTIVE COST RELATED REIMBURSEMENT SYSTEM › Section 388-835-0210 - What is the prospective cost related reimbursement system (PCRRS)?

Current through Register Vol. 24-14, July 15, 2024
PCRRS is the system used by DSHS pay for ICF/ID services
					 provided to ICF/ID residents. Reimbursement rates for such services are
					 determined according to the principles, methods, and standards contained in
					 this chapter.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0210,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PROSPECTIVE COST RELATED REIMBURSEMENT SYSTEM › Section 388-835-0215 - What are the requirements for participating in PCRRS?

Current through Register Vol. 24-14, July 15, 2024
To participate in PCRRS, an entity responsible for
					 operating an ICF/ID facility must:
(1)
				  Obtain a state certificate of need as required by chapter 70.38 RCW, Health
				  planning and development;
(2)
				  Possess a current license to operate an appropriate facility (e.g., nursing
				  home, boarding home);
(3) Be
				  currently certified under Title XIX to provide ICF/ID services;
(4) Hold a current contract to provide ICF/ID
				  services and comply with all of its provisions; and
(5) Comply with all applicable federal and
				  state regulations, including the requirements of this chapter.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0215,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › PROSPECTIVE COST RELATED REIMBURSEMENT SYSTEM › Section 388-835-0220 - What are the projected budget requirements for new providers?

Current through Register Vol. 24-14, July 15, 2024
(1) Unless the DDA
				  assistant secretary approves a shorter period, each new provider must submit a
				  one-year projected budget to DSHS at least sixty days before the contract will
				  become effective.
(2) The projected
				  budget must cover the twelve months immediately following the date the provider
				  will enter the program.
(3) The
				  projected budget must:
(a) Be prepared
				  according to DSHS instructions;
(b)
				  Be completed on the forms provided by DSHS; and
(c) Include all earnest money, purchase, and
				  lease agreements involved in the change of ownership transaction.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › FILING COST REPORTS › Section 388-835-0225 - How should cost reports be prepared?

Current through Register Vol. 24-14, July 15, 2024
(1) All cost reports must be legible and
				  reproducible. All entries must be in black or dark blue ink or submitted in an
				  acceptable, indelible copy.
(2) All
				  providers must complete reports according to the instructions provided by DSHS.
				  If no specific instruction covers a particular situation, generally accepted
				  accounting principles must be followed.
(3) All providers must use the accrual method
				  of accounting, except for governmental institutions operated on a modified
				  accrual basis.
(4) All revenue and
				  expense accruals not received or paid within one hundred twenty days after the
				  accrual is made must be reversed against the appropriate accounts, unless
				  special circumstances are documented that justify continuing to carry all or
				  part of the accrual (e.g., contested billings). Accruals for vacation pay,
				  holiday pay, sick pay and taxes may be carried for longer periods if it is the
				  provider's usual policy to do so and generally accepted accounting principles
				  are followed.
(5) Methods of
				  allocating costs, including indirect and overhead costs, must be consistently
				  applied. Providers operating multiservice facilities or facilities incurring
				  joint facility costs must allocate those costs according to the benefits
				  received from the resources represented by those costs.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0225,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › FILING COST REPORTS › Section 388-835-0230 - Must a cost report be certified?

Current through Register Vol. 24-14, July 15, 2024
(1) Every provider cost report required by
				  DSHS must be accompanied by a certification signed on behalf of the provider
				  who was responsible to DSHS during the reporting period.
(2) If a provider files a federal income tax
				  return, the person normally signing the return and the ICF/ID facility
				  administrator must sign the certification.
(3) If someone, who is not an employee of the
				  provider, prepares the cost report, they must submit, as part of the
				  certification, a signed statement indicating their relationship to the
				  provider.
(4) Only original
				  signatures must be affixed to certifications submitted to DSHS.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0230,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › FILING COST REPORTS › Section 388-835-0235 - When are cost reports due to DSHS?

Current through Register Vol. 24-14, July 15, 2024
(1) Each private provider must submit an
				  annual cost report to DSHS for the period January 1 through December 31
				  (calendar year) of the preceding year.
(2) Annual calendar year cost reports for a
				  private facility must be submitted to DSHS by March 31 of the following
				  year.
(3) Each state facility must
				  submit an annual cost report to DSHS for the period from July 1 of the
				  preceding year through June 30 of the current year (state fiscal
				  year).
(4) Annual fiscal year cost
				  reports for state facilities must be submitted to DSHS by December 31 following
				  the end of the fiscal year.
(5) If
				  a contract is terminated, the provider must submit a final cost report and any
				  other reports due under subsection (2) within one hundred twenty days after the
				  effective date of termination or the expiration of the final extension granted
				  by DSHS (see WAC
				  388-835-0340 ). For these
				  reports, the reporting period is January 1 of the year of termination to the
				  effective date of termination.
(6)
				  A new provider must submit a cost report to DSHS by March 31 of the year
				  following the effective date of their contract or the expiration of the final
				  extension granted by DSHS (see WAC
				  388-835-0340 ). The period to be
				  reported is the period extending from the contract's effective date through
				  December 31 of that year.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0235,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › FILING COST REPORTS › Section 388-835-0240 - Does DSHS grant extensions for cost reporting deadlines?

Current through Register Vol. 24-14, July 15, 2024
(1) DSHS, after
				  receiving a written request stating why an extension is necessary, may grant a
				  maximum of two thirty-day extensions for filing any required reports. However,
				  the written request must be received at least ten days before the due date of
				  the reports.
(2) DSHS grants
				  extensions only when it is clear why the due date cannot be met and the
				  circumstances requiring the extension were not foreseeable by the
				  provider.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0240,
						filed 4/20/01, effective 5/21/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-835 - ICF/ID program and reimbursement system › FILING COST REPORTS › Section 388-835-0245 - What if a provider fails to submit a final report?

Current through Register Vol. 24-14, July 15, 2024
(1) If a provider does not submit a final
				  report, all payments received by the provider for the unreported period become
				  a debt owed to DSHS. After receiving DSHS's written demand for repayment, the
				  provider has thirty days to repay this debt.
(2) Interest, at the rate of one percent per
				  month on any unpaid balance, will begin to accrue thirty days after the
				  provider receives DSHS's written demand for repayment.
Statutory Authority:
						RCW
						71A.20.140. 01-10-013, § 388-835-0245,
						filed 4/20/01, effective 5/21/01.