reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Administrator › Section 388-78A-2524 - Administrator qualifications - Certification of training, and three years experience

Current through Register Vol. 24-14, July 15, 2024
Prior to assuming duties as a boarding home
						administrator, the individual has met the following qualifications:
(1) Obtained certification of completing a
					 recognized administrator training as referenced in WAC
					 388-78A-2521; and
(2) Has three years paid experience:
(a) Providing direct care to vulnerable
					 adults in a setting licensed by a state agency for the care of vulnerable
					 adults, such as a nursing home, boarding home, or adult family home, or a
					 setting having a contract with a recognized social service agency for the
					 provision of care to vulnerable adults, such as supported living;
					 and/or
(b) Managing persons
					 providing direct care to vulnerable adults in a setting licensed by a state
					 agency for the care of vulnerable adults, such as a nursing home, boarding
					 home, or adult family home, or a setting having a contract with a recognized
					 social service agency for the provision of care to vulnerable adults, such as
					 supported living.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Administrator › Section 388-78A-2525 - Administrator qualifications - Associate degree, certification of training, and two years experience

Current through Register Vol. 24-14, July 15, 2024
The individual holds an associate degree in a related
						field of study such as health, social work, or business administration and
						meets the qualifications listed in either subsection (1), (2) or (3) of this
						section:
(1) Obtains certification of
					 completing a recognized administrator training course as referenced in WAC
					 388-78A-2521 within six months of
					 beginning duties as the administrator; or
(2) Has two years paid experience:
(a) Providing direct care to vulnerable
					 adults in a setting licensed by a state agency for the care of vulnerable
					 adults, such as a nursing home, boarding home, or adult family home, or a
					 setting having a contract with a recognized social service agency for the
					 provision of care to vulnerable adults, such as supported living;
					 and/or
(b) Managing persons
					 providing direct care to vulnerable adults in a setting licensed by a state
					 agency for the care of vulnerable adults, such as a nursing home, boarding
					 home, or adult family home, or a setting having a contract with a recognized
					 social service agency for the provision of care to vulnerable adults, such as
					 supported living; or
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Administrator › Section 388-78A-2526 - Administrator qualifications - Bachelor's degree, certification of training, and one year experience

Current through Register Vol. 24-14, July 15, 2024
The individual holds a bachelor's degree in a related
						field of study such as health, social work, or business administration and
						meets the qualifications listed in either subsection (1), (2) or (3) of this
						section.
(1) Obtains certification of
					 completing a recognized administrator training course and referenced in WAC
					 388-78A-2521 within six months of
					 beginning duties as the administrator; or
(2) Has one year paid experience:
(a) Providing direct care to vulnerable
					 adults in a setting licensed by a state agency for the care of vulnerable
					 adults, such as a nursing home, boarding home, or adult family home, or a
					 setting having a contract with a recognized social service agency for the
					 provision of care to vulnerable adults, such as supported living;
					 and/or
(b) Managing persons
					 providing direct care to vulnerable adults in a setting licensed by a state
					 agency for the care of vulnerable adults, such as a nursing home, boarding
					 home, or adult family home, or a setting having a contract with a recognized
					 social service agency for the provision of care to vulnerable adults, such as
					 supported living; or
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Administrator › Section 388-78A-2527 - Administrator qualifications - Five years experience

Current through Register Vol. 24-14, July 15, 2024
Before assuming duties as an administrator, the
						individual has five years of paid experience:
(1) Providing direct care to vulnerable
					 adults in a setting licensed by a state agency for the care of vulnerable
					 adults, such as a nursing home, boarding home, or adult family home, or a
					 setting having a contract with a recognized social service agency for the
					 provision of care to vulnerable adults, such as supported living;
					 and/or
(2) Managing persons
					 providing direct care to vulnerable adults in a setting licensed by a state
					 agency for the care of vulnerable adults, such as a nursing home, boarding
					 home, or adult family home, or a setting having a contract with a recognized
					 social service agency for the provision of care to vulnerable adults, such as
					 supported living.
Statutory Authority: Chapter 18.20 RCW. WSR 10-03-066,
						  § 388-78A-2527, filed 1/15/10, effective
						  2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Administrator › Section 388-78A-2530 - Qualifying administrator training program

Current through Register Vol. 24-14, July 15, 2024
Before the licensee appoints an individual who must have
						completed a qualifying administrator training program in order to qualify as a
						boarding home administrator, the licensee must verify the individual has
						completed the training and obtain documentation from the individual that the
						training program met the following requirements:
(1) The department was notified of the
					 beginning date of the administrator training program;
(2) The administrator training program was at
					 least six months in duration following notification of the
					 department;
(3) Only training,
					 supervision, and experience occurring following notification of the department
					 were credited to the qualifying training;
(4) The supervising administrator met the
					 qualifications to be an administrator specified in WAC
					 388-78A-2520;
(5) The trainee was a full-time employee of a
					 boarding home and spent at least forty percent of his/her time for six months
					 of the training program performing administrative duties customarily assigned
					 to boarding home administrators or included in the job description of the
					 administrator for the boarding home in which the training occurred;
(6) The supervising administrator was present
					 on-site at the boarding home during the time the trainee performed
					 administrator duties;
(7) The
					 supervising administrator spent a minimum of one hundred direct contact hours
					 with the trainee during the six months supervising and consulting with the
					 trainee;
(8) Both the trainee and
					 supervising administrator signed documentation of the trainee's qualifying
					 experience and the supervising administrator's performance of required
					 oversight duties; and
(9) The
					 individual completing the qualifying administrator training program maintains
					 the documentation of completing the program.
Statutory Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-2530, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Administrator › Section 388-78A-2540 - Administrator requirements

Current through Register Vol. 24-14, July 15, 2024
The licensee must ensure the assisted living facility
						administrator:
(1) Meets the training
					 requirements under chapter 388-112A WAC; and
(2) Knows and understands how to apply
					 Washington state statutes and administrative rules related to the operation of
					 an assisted living facility; and
(3) Meets the administrator qualification
					 requirements referenced in WAC
					 388-78A-2520
					 through
					 388-78A-2527.
Statutory Authority: Chapter 18.20 RCW. WSR 10-03-066,
						  § 388-78A-2540, filed 1/15/10, effective 2/15/10. Statutory Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-2540, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Administrator › Section 388-78A-2550 - Administrator training documentation

Current through Register Vol. 24-14, July 15, 2024
The assisted living facility must maintain for
						department review, documentation of the administrator completing:
(1) Training required by chapter 388-112A
					 WAC;
(2) Department training in an
					 overview of Washington state statutes and administrative rules related to the
					 operation of an assisted living facility;
(3) As applicable, certification from a
					 department-recognized national accreditation health or personal care
					 organization; and
(4) As
					 applicable, the qualifying administrator-training program.
Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR
						  10-16-085, § 388-78A-2550, filed 7/30/10, effective 1/1/11. Statutory
						  Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-2550, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Administrator › Section 388-78A-2560 - Administrator responsibilities

Current through Register Vol. 24-14, July 15, 2024
The licensee must ensure the administrator:
(1) Directs and supervises the overall
					 twenty-four-hour-per-day operation of the boarding home;
(2) Ensures residents receive adequate care
					 and services that meet the standards of this chapter;
(3) Is readily accessible to meet with
					 residents;
(4) Complies with the
					 boarding home's policies;
(5) When
					 the administrator is not available on the premises, either:
(a) Is available by telephone or electronic
					 pager; or
(b) Designates a person
					 approved by the licensee to act in place of the administrator. The designee
					 must be:
(i) Qualified by experience to
					 assume designated duties; and
(ii)
					 Authorized to make necessary decisions and direct operations of the boarding
					 home during the administrator's absence.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Administrator › Section 388-78A-2570 - Notification of change in administrator

Current through Register Vol. 24-14, July 15, 2024
The licensee must notify the department in writing within
						ten calendar days of the effective date of a change in the boarding home
						administrator. The notice must include the full name of the new administrator
						and the effective date of the change.
Statutory Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-2570, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Administrator › Section 388-78A-2580 - Use of home health/home care

Current through Register Vol. 24-14, July 15, 2024
If a boarding home licensee also has a home health or
						home care license, the licensee may not provide care or services to nonresident
						individuals living in independent living units on the boarding home premises
						under the home health or home care license if:
(1) The licensee assumes general
					 responsibility for the safety and well-being of the individual;
(2) The individual requiring such services is
					 not able to receive them in his or her own home and is required to move to
					 another room as a condition for receiving such services;
(3) The individual receiving such services is
					 required to receive them from the licensee as a condition for residing in the
					 building, and is not free to receive such services from any appropriately
					 licensed provider of his or her choice; or
(4) The licensee provides other care or
					 services to the individual that falls under the jurisdiction of boarding home
					 licensing and this chapter.
Statutory Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-2580, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Management Agreements › Section 388-78A-2590 - Management agreements General

Current through Register Vol. 24-14, July 15, 2024
(1)
					 If the proposed or current licensee uses a manager, the licensee must have a
					 written management agreement that is consistent with this chapter.
(2) The proposed or current licensee must
					 notify the department of its use of a manager upon:
(a) Initial application for a
					 license;
(b) Retention of a manager
					 following initial application;
(c)
					 Change of managers; and
(d)
					 Modification of existing management agreement.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Management Agreements › Section 388-78A-2592 - Management agreements Licensee

Current through Register Vol. 24-14, July 15, 2024
(1)
					 The licensee is responsible for:
(a) The
					 daily operations and provisions of services in the assisted living facility ,
					 as required by WAC
					 388-78A-2730(1)(a);
(b) Ensuring the assisted living facility is
					 operated in a manner consistent with all laws and rules applicable to assisted
					 living facilities , as required by WAC
					 388-78A-2730(1)(b);
(c) Ensuring the manager acts in conformance
					 with the management agreement; and
(d) Ensuring the manager does not represent
					 itself as, or give the appearance that it is the licensee.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Management Agreements › Section 388-78A-2593 - Management agreements - Terms of agreement

Current through Register Vol. 24-14, July 15, 2024
Management agreements, at a minimum must:
(1) Describe the responsibilities of the
					 licensee and manager, including items, services, and activities to be
					 provided;
(2) Require the
					 licensee's governing body, board of directors, or similar authority to appoint
					 the facility administrator;
(3)
					 Provide for the maintenance and retention of all records in accordance with
					 this chapter and other applicable laws;
(4) Allow unlimited access by the department
					 to documentation and records according to applicable laws or
					 regulations;
(5) Require the
					 manager to immediately send copies of inspections and notices of noncompliance
					 to the licensee;
(6) State that the
					 licensee is responsible for reviewing, acknowledging and signing all boarding
					 home initial and renewal license applications;
(7) State that the manager and licensee will
					 review the management agreement annually and notify the department of any
					 change according to applicable regulations;
(8) Acknowledge that the licensee is the
					 party responsible for complying with all laws and rules applicable to boarding
					 homes;
(9) Require the licensee to
					 maintain ultimate responsibility over personnel issues relating to the
					 operation of the boarding home and care of the residents, including but not
					 limited to, staffing plans, orientation and training;
(10) State the manager will not represent
					 itself, or give the appearance it is the licensee; and
(11) State that a duly authorized manager may
					 execute resident leases or agreements on behalf of the licensee, but all such
					 resident leases or agreements must be between the licensee and the
					 resident.
Statutory Authority: Chapter 18.20 RCW. WSR 10-03-066,
						  § 388-78A-2593, filed 1/15/10, effective
						  2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Management Agreements › Section 388-78A-2594 - Management agreements Department review

Current through Register Vol. 24-14, July 15, 2024
The department may review a management agreement at any
						time. Following the review, the department may require:
(1) The proposed or current licensee or
					 manager to provide additional information or clarification;
(2) Any changes necessary to:
(a) Bring the management agreement into
					 compliance with this chapter; and
(b) Ensure that the licensee has not been
					 relieved of the responsibility for the daily operations of the
					 facility.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Management Agreements › Section 388-78A-2595 - Management agreements - Resident funds

Current through Register Vol. 24-14, July 15, 2024
(1) If the management agreement delegates
					 day-to-day management of resident funds to the manager, the licensee:
(a) Retains all fiduciary and custodial
					 responsibility for funds that have been deposited with the boarding home by the
					 resident;
(b) Is directly
					 accountable to the residents for such funds; and
(c) Must ensure any party responsible for
					 holding or managing residents' personal funds is bonded or obtains insurance in
					 sufficient amounts to specifically cover losses of resident funds; and provides
					 proof of bond or insurance.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Policies and Procedures › Section 388-78A-2600 - Policies and procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The
					 boarding home must develop and implement policies and procedures in support of
					 services that are provided and are necessary to:
(a) Maintain or enhance the quality of life
					 for residents including resident decision-making rights;
(b) Provide the necessary care and services
					 for residents, including those with special needs;
(c) Safely operate the boarding home;
					 and
(d) Operate in compliance with
					 state and federal law, including, but not limited to,
					 chapters
					 7.70,
					 11.88,
					 11.92, 11.94,
					 69.41,
					 70.122, 70.129, and
					 74.34 RCW, and any rules
					 promulgated under these statutes.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Infection Control › Section 388-78A-2610 - Infection control

Current through Register Vol. 24-14, July 15, 2024
(1) The boarding
					 home must institute appropriate infection control practices in the boarding
					 home to prevent and limit the spread of infections.
(2) The boarding home must:
(a) Develop and implement a system to
					 identify and manage infections;
(b)
					 Restrict a staff person's contact with residents when the staff person has a
					 known communicable disease in the infectious stage that is likely to be spread
					 in the boarding home setting or by casual contact;
(c) Provide staff persons with the necessary
					 supplies, equipment and protective clothing for preventing and controlling the
					 spread of infections;
(d) Provide
					 all resident care and services according to current acceptable standards for
					 infection control;
(e) Perform all
					 housekeeping, cleaning, laundry, and management of infectious waste according
					 to current acceptable standards for infection control;
(f) Report communicable diseases in
					 accordance with the requirements in chapter 246-100 WAC.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Infection Control › Section 388-78A-2620 - Pets

Current through Register Vol. 24-14, July 15, 2024
If a boarding home allows pets to live on the premises,
						the boarding home must:
(1) Develop,
					 implement and disclose to potential and current residents, policies regarding:
(a) The types of pets that are permitted in
					 the boarding home; and
(b) The
					 conditions under which pets may be in the boarding home.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Reporting Requirements › Section 388-78A-2630 - Reporting abuse and neglect

Current through Register Vol. 24-14, July 15, 2024
(1) The
					 boarding home must ensure that each staff person:
(a) Makes a report to the department's Aging
					 and Disability Services Administration Complaint Resolution Unit hotline
					 consistent with
					 chapter
					 74.34 RCW in all cases
					 where the staff person has reasonable cause to believe that abandonment, abuse,
					 financial exploitation, or neglect of a vulnerable adult has occurred;
					 and
(b) Makes an immediate report
					 to the appropriate law enforcement agency and the department consistent with
					 chapter
					 74.34 RCW of all incidents
					 of suspected sexual abuse or physical abuse of a resident.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Reporting Requirements › Section 388-78A-2640 - Reporting significant change in a resident's condition

Current through Register Vol. 24-14, July 15, 2024
(1) The boarding home must consult with the
					 resident's representative, the resident's physician, and other individual(s)
					 designated by the resident as soon as possible whenever:
(a) There is a significant change in the
					 resident's condition;
(b) The
					 resident is relocated to a hospital or other health care facility; or
(c) The resident dies.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Reporting Requirements › Section 388-78A-2650 - Reporting fires and incidents

Current through Register Vol. 24-14, July 15, 2024
The boarding home must immediately report to the
						department's aging and disability services administration:
(1) Any accidental or unintended fire, or any
					 deliberately set but improper fire, such as arson, in the boarding
					 home;
(2) Any unusual incident that
					 required implementation of the boarding home's disaster plan, including any
					 evacuation of all or part of the residents to another area of the boarding home
					 or to another address; and
(3)
					 Circumstances which threaten the boarding home's ability to ensure continuation
					 of services to residents.
Statutory Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-2650, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Resident Rights › Section 388-78A-2660 - Resident rights

Current through Register Vol. 24-14, July 15, 2024
The boarding home must:
(1) Comply with chapter 70.129 RCW, Long-term
					 care resident rights;
(2) Ensure
					 all staff persons provide care and services to each resident consistent with
					 chapter 70.129 RCW;
(3) Not use
					 restraints on any resident;
(4)
					 Promote and protect the residents' exercise of all rights granted under chapter
					 70.129 RCW;
(5) Provide care and
					 services to each resident in compliance with applicable state statutes related
					 to substitute health care decision making, including
					 chapters
					 7.70,
					 70.122,
					 11.88,
					 11.92, and 11.94 RCW;
(6) Reasonably accommodate residents
					 consistent with applicable state and/or federal law; and
(7) Not allow any staff person to abuse or
					 neglect any resident.
Statutory Authority:
						  RCW
						  18.20.090. WSR 06-01-047, §
						  388-78A-2660, filed 12/15/05, effective 1/15/06. Statutory Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-2660, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Resident Rights › Section 388-78A-2665 - Resident rights - Notice - Policy on accepting medicaid as a payment source

Current through Register Vol. 24-14, July 15, 2024
The boarding home must fully disclose the facility's
						policy on accepting medicaid payments. The policy must:
(1) Clearly state the circumstances under
					 which the boarding home provides care for medicaid eligible residents and for
					 residents who become eligible for medicaid after admission;
(2) Be provided both orally and in writing in
					 a language that the resident understands;
(3) Be provided to prospective residents,
					 before they are admitted to the home;
(4) Be provided to any current residents who
					 were admitted before this requirement took effect or who did not receive copies
					 prior to admission;
(5) Be written
					 on a page that is separate from other documents and be written in a type font
					 that is at least fourteen point; and
(6) Be signed and dated by the resident and
					 be kept in the resident record after signature.
Statutory Authority: Chapter 18.20 RCW. WSR 10-03-066,
						  § 388-78A-2665, filed 1/15/10, effective
						  2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Resident Rights › Section 388-78A-2670 - Services by resident for assisted living facility

Current through Register Vol. 24-14, July 15, 2024
If a resident performs services for the boarding home,
						the boarding home must ensure:
(1) The
					 resident freely volunteers to perform the services without coercion or pressure
					 from staff persons;
(2) The
					 resident performing services does not supervise, or is not placed in charge of,
					 other residents; and
(3) If the
					 resident regularly performs voluntary services for the benefit of the boarding
					 home, the volunteer activity is addressed in the resident's negotiated service
					 agreement.
Statutory Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-2670, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Resident Rights › Section 388-78A-2680 - Electronic monitoring equipment-Audio monitoring and video monitoring

Current through Register Vol. 24-14, July 15, 2024
(1) Except as
					 provided in this section or in WAC
					 388-78A-2690,
					 the assisted living facility must not use the following in the facility or on
					 the premises:
(a) Audio monitoring equipment;
					 or
(b) Video monitoring equipment
					 if it includes an audio component.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Resident Rights › Section 388-78A-2690 - Electronic monitoring equipment-Resident requested use

Current through Register Vol. 24-14, July 15, 2024
(1) Audio or video monitoring equipment may
					 not be installed in the assisted living facility to monitor any resident
					 apartment or sleeping area unless the resident or the residents' representative
					 has requested and consents to the monitoring.
(2) Electronic monitoring equipment must be
					 installed in a manner that is safe for residents.
(3) A facility must not refuse to admit an
					 individual, or discharge a resident, because of a request to conduct authorized
					 electronic monitoring.
(4) A
					 resident may limit his or her consent for use of electronic monitoring devices
					 to specific times or situation, pointing the camera in a particular direction,
					 or prohibiting the use of certain devices.
(5) The release of audio or video monitoring
					 recordings by the facility is prohibited. Each person or organization with
					 access to the electronic monitoring must be identified in the resident's
					 negotiated service agreement.
(6)
					 If the resident requests the assisted living facility to conduct audio or video
					 monitoring of his or her apartment or sleeping area, before any electronic
					 monitoring occurs, the assisted living facility must ensure:
(a) That the electronic monitoring does not
					 violate chapter 9.73 RCW;
(b) The
					 resident's roommate has provided written consent to electronic monitoring, if
					 the resident has a roommate; and
(c) The resident and the assisted living
					 facility have agreed upon a specific duration for the electronic monitoring and
					 the agreement is documented in writing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Safety and Disaster Preparedness › Section 388-78A-2700 - Emergency and disaster preparedness

Current through Register Vol. 24-14, July 15, 2024
(1) The assisted living facility must:
(a) Maintain the premises free of
					 hazards;
(b) Maintain any vehicles
					 used for transporting residents in a safe condition;
(c) Provide, and tell staff persons of a
					 means of emergency access to resident-occupied bedrooms, toilet rooms, bathing
					 rooms, and other rooms;
(d) Provide
					 emergency lighting or flashlights in all areas accessible to residents of the
					 assisted living facility.
(e) Make
					 sure first-aid supplies are:
(i) Readily
					 available and not locked;
(ii)
					 Clearly marked;
(iii) Able to be
					 moved to the location where needed; and
(iv) Stored in containers that protect them
					 from damage, deterioration, or contamination.
(f) Make sure first-aid supplies are
					 appropriate for:
(i) The size of the assisted
					 living facility;
(ii) The services
					 provided;
(iii) The residents
					 served; and
(iv) The response time
					 of emergency medical services.
(g) Develop and maintain a current disaster
					 plan describing measures to take in the event of internal or external
					 disasters, including, but not limited to:
(i)
					 On-duty staff persons' responsibilities;
(ii) Provisions for summoning emergency
					 assistance;
(iii) Coordination with
					 first responders regarding plans for evacuating residents from area or
					 building;
(iv) Alternative resident
					 accommodations;
(v) Provisions for
					 essential resident needs, supplies and equipment including water, food, and
					 medications; and
(vi) Emergency
					 communication plan.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Safety and Disaster Preparedness › Section 388-78A-2703 - Safety of the built environment

Current through Register Vol. 24-14, July 15, 2024
The assisted living facility must provide a safe
						environment and promote the safety of each resident whenever the resident is on
						the premises or under the supervision of staff persons consistent with the
						resident's negotiated service agreement, and must maintain the premises and
						equipment used in resident care so as to be free of hazards, including:
(1) Providing handrails in halls, corridors,
					 lobbies, and other circulation spaces accessible to residents appropriate to
					 the population served and consistent with the facility functional
					 program.
(2) Maintaining nonskid
					 surfaces on all stairways and ramps used by residents.
(3) Keeping exterior grounds, assisted living
					 facility structures, and component parts safe, sanitary, and in good
					 repair.
(4) Providing door hardware
					 to ensure:
(a) Residents cannot lock
					 themselves in, or out of, rooms or areas accessible to them; and
(b) Residents cannot become locked in storage
					 rooms, closets, or other rooms or areas not intended for resident
					 access.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Disclosure › Section 388-78A-2710 - Disclosure of services

Current through Register Vol. 24-14, July 15, 2024
(1) The boarding
					 home must disclose to residents, the resident's representative, if any, and
					 interested consumers upon request, the scope of care and services it offers, on
					 the department's approved disclosure forms. The disclosure form shall not be
					 construed as an implied or express contract between the boarding home and the
					 resident, but is intended to assist consumers in selecting boarding home
					 services.
(2) The boarding home
					 must provide the services disclosed.
(3) The boarding home must provide a minimum
					 of thirty days written notice to the residents and the residents'
					 representatives, if any:
(a) Before the
					 effective date of any decrease in the scope of care or services provided by the
					 boarding home, due to circumstances beyond the boarding home's control;
					 and
(b) Before the effective date
					 of any voluntary decrease in the scope of care or services provided by the
					 boarding home, and any such decrease in the scope of services provided will not
					 result in the discharge of one or more residents.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Disclosure › Section 388-78A-2720 - Timing of disclosure

Current through Register Vol. 24-14, July 15, 2024
(1) The boarding
					 home must provide the disclosure form completed by the boarding home:
(a) In response to a request by a prospective
					 resident or his or her representative, if any, for written information about
					 the boarding home's services and capabilities; or
(b) At the time the boarding home provides an
					 application for residency, an admission agreement or contract, if not
					 previously received by the prospective resident or his or her representative,
					 if any.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Licensing › Section 388-78A-2730 - Licensee's responsibilities

Current through Register Vol. 24-14, July 15, 2024
(1) The
					 assisted living facility licensee is responsible for:
(a) The operation of the assisted living
					 facility;
(b) Complying at all
					 times with the requirements of this chapter, chapter 18.20 RCW, and other
					 applicable laws and rules; and
(c)
					 The care and services provided to the assisted living facility
					 residents.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Licensing › Section 388-78A-2732 - Liability insurance required - Ongoing

Current through Register Vol. 24-14, July 15, 2024
The boarding home must:
(1) Obtain liability insurance upon licensure
					 and maintain the insurance as required in WAC
					 388-78A-2733 and
					 388-78A-2734; and
(2) Have evidence of liability insurance
					 coverage available if requested by the department.
Statutory Authority: Chapter 18.20 RCW. WSR 10-03-066,
						  § 388-78A-2732, filed 1/15/10, effective
						  2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Licensing › Section 388-78A-2733 - Liability insurance required - Commercial general liability insurance or business liability insurance coverage

Current through Register Vol. 24-14, July 15, 2024
The boarding home must have commercial general liability
						insurance or business liability insurance that includes:
(1) Coverage for the acts and omissions of
					 any employee and volunteer;
(2)
					 Coverage for bodily injury, property damage, and contractual
					 liability;
(3) Coverage for
					 premises, operations, independent contractor, products-completed operations,
					 personal injury, advertising injury, and liability assumed under an insured
					 contract; and
(4) Minimum limits
					 of:
(a) Each occurrence at one million
					 dollars; and
(b) General aggregate
					 at two million dollars.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Licensing › Section 388-78A-2734 - Liability insurance required - Professional liability insurance coverage

Current through Register Vol. 24-14, July 15, 2024
The boarding home must have professional liability
						insurance or error and omissions insurance if the boarding home licensee has a
						professional license, or employs professionally licensed staff. The insurance
						must include:
(1) Coverage for losses
					 caused by errors and omissions of the boarding home, its employees, and
					 volunteers; and
(2) Minimum limits
					 of:
(a) Each occurrence at one million
					 dollars; and
(b) Aggregate at two
					 million dollars.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Licensing › Section 388-78A-2740 - Licensee qualifications

Current through Register Vol. 24-14, July 15, 2024
The department must consider separately and jointly as
						applicants each person named in the application for a boarding home
						license.
(1) If the department finds
					 any person unqualified as specified in WAC
					 388-78A-3190, the department must
					 deny, terminate, or not renew the license.
(2) If the department finds any person
					 unqualified as specified in WAC
					 388-78A-3170, the department may
					 deny, terminate, or not renew the license.
Statutory Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-2740, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Licensing › Section 388-78A-2750 - Application process

Current through Register Vol. 24-14, July 15, 2024
To apply for a boarding home license, a person
						must:
(1) Submit to the department a
					 complete license application on forms designated by the department at least
					 ninety days prior to the proposed effective date of the license;
(2) Submit all relevant attachments specified
					 in the application;
(3) Submit
					 department background authorization forms;
(4) Sign the application;
(5) Submit the license fee as specified in
					 WAC 388-78A-3230;
(6) Submit verification that construction
					 plans have been approved by construction review services;
(7) Submit a revised application before the
					 license is issued if any information has changed since the initial license
					 application was submitted;
(8)
					 Submit a revised application containing current information about the proposed
					 licensee or any other persons named in the application, if a license
					 application is pending for more than one year; and
(9) If the licensee's agent prepares an
					 application on the licensee's behalf, the licensee must review, sign and attest
					 to the accuracy of the information contained in the application.
(10) A license must be issued only to the
					 person who applied for the license.
(11) A license may not exceed twelve months
					 in duration and expires on a date set by the department.
Statutory Authority: Chapter 18.20 RCW. WSR 12-21-070,
						  § 388-78A-2750, filed 10/18/12, effective 11/18/12; WSR 12-01-003, §
						  388-78A-2750, filed 12/7/11, effective 1/7/12. Statutory Authority: Chapters
						  18.20 and 74.39A RCW. WSR 10-16-085, § 388-78A-2750, filed 7/30/10,
						  effective 1/1/11. Statutory Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-2750, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Licensing › Section 388-78A-2760 - Necessary information

Current through Register Vol. 24-14, July 15, 2024
In making a determination whether to issue a boarding
						home license, in addition to the information for each person named in the
						application, the department may review other documents and information the
						department deems relevant, including inspection and complaint investigation
						findings for each facility with which the applicant or any partner, officer,
						director, managerial employee, or owner of five percent or more of the
						applicant has been affiliated.
Statutory Authority:
						  RCW
						  18.20.090 (2004 c 142 § 19) and chapter
						  18.20 RCW. WSR 04-16-065, § 388-78A-2760, filed 7/30/04, effective
						  9/1/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Licensing › Section 388-78A-2770 - Change in licensee/change of ownership - When change in licensee is required

Current through Register Vol. 24-14, July 15, 2024
The licensee of a boarding home must change whenever the
						following events occur, including, but not limited to:
(1) The licensee's form of legal organization
					 is changed (e.g., a sole proprietor forms a partnership or
					 corporation);
(2) The licensee
					 transfers ownership of the boarding home business enterprise to another party
					 regardless of whether ownership of some or all of the real property and/or
					 personal property assets of the boarding home is also transferred;
(3) The licensee dissolves, or consolidates
					 or merges with another legal organization and the licensee's legal organization
					 does not survive;
(4) If, during
					 any continuous twenty-four-month period, fifty percent or more of the
"licensed entity"
is transferred, whether by a single transaction
					 or multiple transactions, to:
(a) A different
					 person (e.g., new or former shareholders or partners); or
(b) A person that had less than a five
					 percent ownership interest in the boarding home at the time of the first
					 transaction.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Licensing › Section 388-78A-2773 - Change in licensee/change of ownership - When change in licensee not required

Current through Register Vol. 24-14, July 15, 2024
The licensee is not required to change when only the
						following, without more, occur:
(1)
					 The licensee contracts with a party to manage the boarding home enterprise for
					 the licensee pursuant to an agreement as specified in WAC
					 388-78A-2590; or
(2) The real property or personal property
					 assets of the boarding home are sold or leased, or a lease of the real property
					 or personal property assets is terminated, as long as there is not a
					 substitution or substitution of control of the licensee or boarding
					 home.
Statutory Authority: Chapter 18.20 RCW. WSR 09-06-063,
						  § 388-78A-2773, filed 3/2/09, effective
						  4/2/09.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Licensing › Section 388-78A-2775 - Change in licensee/change of ownership - Application

Current through Register Vol. 24-14, July 15, 2024
(1) The prospective licensee must complete,
					 sign and submit to the department a change of ownership application prior to
					 the proposed date of change in licensee.
(2) The annual boarding home license fee, if
					 a license fee is due, must accompany the change in ownership
					 application.
(3) The prospective
					 licensee must submit the following information that must be submitted along
					 with the change of ownership application:
(a)
					 Evidence of control of the real estate on which the boarding home is located,
					 such as a purchase and sales agreement, lease contract, or other appropriate
					 document; and
(b) Any other
					 information requested by the department.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-78A - Assisted living facility licensing rules › ADMINISTRATION › Licensing › Section 388-78A-2777 - Change in licensee/change of ownership - Revised application

Current through Register Vol. 24-14, July 15, 2024
The prospective licensee must submit a revised
						application to the department if:
(1)
					 Any information included on the original application is no longer accurate;
					 or
(2) Requested by the
					 department.
Statutory Authority: Chapter 18.20 RCW. 09-06-063,
						  § 388-78A-2777, filed 3/2/09, effective
						  4/2/09.