reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › FIRE PROTECTION › Section 388-76-10825 - Space heaters, fireplaces, and stoves

Current through Register Vol. 24-14, July 15, 2024
(1) The adult family home must not use oil,
				  gas, kerosene, or electric space heaters that have not been certified by an
				  organization listed as a nationally recognized testing laboratory.
(2) The adult family home must ensure that
				  stoves and heaters do not block resident, staff, or household member escape
				  routes.
(3) The adult family home
				  must ensure that fireplaces, stoves, or heaters that get hot to the touch when
				  in use have a stable, flame-resistant barrier that does not get hot to the
				  touch and that prevents any contact by residents or any flammable
				  materials.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10825, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › DISASTER AND EMERGENCY PREPAREDNESS › Section 388-76-10830 - Emergency and disaster plan- Required

Current through Register Vol. 24-14, July 15, 2024
The adult family home must have A written emergency and
					 disaster plan to meet the needs of each resident during emergencies and
					 disasters. The plan must include:
(1)
				  Responding to natural and man-made emergencies and disasters that may
				  reasonably occur at the home;
(2)
				  Actions to be taken by staff and residents during and after an emergency or
				  disaster; and
(3) The fire drill
				  plan for evacuation of the home.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10830, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › DISASTER AND EMERGENCY PREPAREDNESS › Section 388-76-10835 - Elements of an emergency and disaster plan

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10835, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › DISASTER AND EMERGENCY PREPAREDNESS › Section 388-76-10840 - Emergency food supply

Current through Register Vol. 24-14, July 15, 2024
(1) The adult
				  family home must have an on-site emergency food supply that:
(a) Will last for a minimum of seventy-two
				  hours for each resident and each household member;
(b) Meets the dietary needs of each resident,
				  including any specific dietary restrictions they may have;
(c) Can be stored with other food in the
				  home; and
(d) Is sufficient, safe,
				  sanitary, and uncontaminated.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › DISASTER AND EMERGENCY PREPAREDNESS › Section 388-76-10845 - Emergency drinking water supply

Current through Register Vol. 24-14, July 15, 2024
The adult family home must have an on-site emergency
					 supply of drinking water that:
(1)
				  Will last for a minimum of seventy-two hours for the home's licensed capacity,
				  every household member, and caregiving staff;
(2) Is at least three gallons for the home's
				  licensed capacity, every household member, and caregiving staff;
(3) Is stored in well-sealed food grade or
				  glass containers;
(4) Is
				  chlorinated or commercially-bottled;
(5) Is replaced every six months, unless it
				  is sealed and commercially-bottled; and
(6) Is stored in a cool, dry location away
				  from direct sunlight.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10845,
						filed 1/15/10, effective 2/15/10; 09-03-029, § 388-76-10845, filed
						1/12/09, effective 2/12/09. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10845, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › DISASTER AND EMERGENCY PREPAREDNESS › Section 388-76-10850 - Emergency medical supplies

Current through Register Vol. 24-14, July 15, 2024
The adult family home must:
(1) Have emergency medical supplies on-hand
				  for the application of basic first aid during an emergency or disaster in a
				  sufficient amount for the number of residents living in the home;
(2) Replenish the emergency medical supplies
				  as they are used; and
(3) Have a
				  first aid manual.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10850, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › DISASTER AND EMERGENCY PREPAREDNESS › Section 388-76-10855 - Emergency and disaster plan training - Required

Current through Register Vol. 24-14, July 15, 2024
The adult family home must ensure all staff are trained on
					 the emergency and disaster plan and procedures when they begin work in the home
					 and all staff and residents review the emergency and disaster plan and
					 procedures at least annually.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10855, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › FIRE DRILL PLAN FOR EMERGENCY EVACUATION › Section 388-76-10860 - Fire drill plan and procedures for emergency evacuation - Required

Current through Register Vol. 24-14, July 15, 2024
The adult family home must:
(1) Have an emergency evacuation plan,
				  including a fire drill plan and procedures for evacuating all residents from
				  the adult family home; and
(2) Not
				  admit or keep residents who cannot safely be evacuated.
Statutory Authority:
						RCW
						70.128.040. 10-04-008, § 388-76-10860,
						filed 1/22/10, effective 2/22/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10860, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › FIRE DRILL PLAN FOR EMERGENCY EVACUATION › Section 388-76-10865 - Resident evacuation from adult family home

Current through Register Vol. 24-14, July 15, 2024
(1) The adult family home must be able to
				  evacuate all residents from the home to a safe location outside the home in
				  five minutes or less.
(2) The home
				  must ensure that residents are able to evacuate the home as follows:
(a) Through A door designated as an emergency
				  exit;
(b) Via a path from the
				  resident's bedroom that does not go through other bedrooms; and
(c) Without the resident having to use any of
				  the following:
(i) Elevators;
(ii) Chairlifts; or
(iii) Platform lifts.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › FIRE DRILL PLAN FOR EMERGENCY EVACUATION › Section 388-76-10870 - Resident evacuation capability levels-Identification required

Current through Register Vol. 24-14, July 15, 2024
The adult family home must ensure that each resident's
					 assessment, preliminary service plan, and negotiated care plan identifies and
					 describes the resident's ability to evacuate the home according to the
					 following descriptions:
(1)
				  Independent: Resident is physically and mentally capable of independently
				  evacuating the home without the assistance of another individual or the use of
				  mobility aids. The department will consider a resident independent if capable
				  of getting out of the home after one cue.
(2) Assistance required: Resident is not
				  physically or mentally capable of evacuating the home without assistance from
				  another individual, mobility aids, or multiple cues.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10870,
						filed 1/15/10, effective 2/15/10; 09-03-029, § 388-76-10870, filed
						1/12/09, effective 2/12/09. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10870, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › FIRE DRILL PLAN FOR EMERGENCY EVACUATION › Section 388-76-10880 - Emergency evacuation adult family home bedrooms (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10880,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10880, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › FIRE DRILL PLAN FOR EMERGENCY EVACUATION › Section 388-76-10885 - Elements of emergency evacuation floor plan

Current through Register Vol. 24-14, July 15, 2024
The adult family home must develop an emergency evacuation
					 floor plan for each level of the home that:
(1) Is accurate and includes all rooms,
				  hallways, and exits (such as doorways and windows) to the outside of the
				  home;
(2) Illustrates the emergency
				  evacuation route(s) to exit the home, with the route to the emergency exit door
				  being easily identifiable; and
(3)
				  Identifies the designated safe location for the residents to meet outside the
				  home.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10885, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › FIRE DRILL PLAN FOR EMERGENCY EVACUATION › Section 388-76-10890 - Posting the emergency evacuation floor plan-Required

Current through Register Vol. 24-14, July 15, 2024
The adult family home must display an emergency evacuation
					 floor plan on each floor of the home and the plan must:
(1) Be posted in a visible location commonly
				  used by residents, staff, and visitors alike; and
(2) Illustrate the evacuation route from the
				  rooms on that floor to the designated safe location outside the home.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10890, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › FIRE DRILL PLAN FOR EMERGENCY EVACUATION › Section 388-76-10895 - Emergency evacuation drills-Frequency and participation

Current through Register Vol. 24-14, July 15, 2024
(1) There are two types of emergency
				  evacuation drills:
(a) A full evacuation is
				  evacuation from the home to the designated safe location; and
(b) A partial evacuation is evacuation to the
				  designated emergency exit.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › FIRE DRILL PLAN FOR EMERGENCY EVACUATION › Section 388-76-10900 - Documentation of emergency evacuation drills-Required

Current through Register Vol. 24-14, July 15, 2024
The adult family home must document the following for all
					 emergency evacuation drills:
(1) Names
				  of each resident and staff involved in the drill;
(2) Name of the person conducting the
				  drill;
(3) Date and time of the
				  drill;
(4) Whether the drill was a
				  full or partial emergency evacuation; and
(5) The length of time it took to complete
				  the evacuation.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10900, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › FIRE DRILL PLAN FOR EMERGENCY EVACUATION › Section 388-76-10905 - Emergency evacuation-Notification of department required

Current through Register Vol. 24-14, July 15, 2024
The adult family home must notify the department's
					 complaint resolution unit as soon as possible after resident safety is secure
					 when:
(1) The home is on emergent
				  stand-by for evacuation;
(2) There
				  is any fire; or
(3) Residents were
				  evacuated from the home.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10905, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › INSPECTIONS-COMPLAINT INVESTIGATIONS-MONITORING VISITS › Section 388-76-10910 - Inspections - Complaint investigations - Monitoring visits - General

Current through Register Vol. 24-14, July 15, 2024
The department must conduct unannounced inspections,
					 complaint investigations and monitoring visits to determine if the adult family
					 home is in compliance with chapters 70.128, 70.129 and
					 74.34 RCW, this chapter and other
					 applicable laws and regulations.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10910, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › INSPECTIONS-COMPLAINT INVESTIGATIONS-MONITORING VISITS › Section 388-76-10911 - Inspections - Multiple adult family home providers

Current through Register Vol. 24-14, July 15, 2024
(1) In the event of serious noncompliance
				  leading to the imposition of one or more actions listed in
				  RCW
				  70.128.160(2) on a home
				  operated by a provider with multiple adult family homes, all other homes
				  operated by the provider must be inspected to determine if the same or related
				  deficiencies are present in those homes.
(2) The department may issue fines under
				  RCW
				  70.128.065(5) of up to three
				  hundred dollars for each inspection when one or more actions listed in
				  RCW
				  70.128.160(2) is imposed on
				  a multiple home provider and inspections of the other homes are required to
				  determine whether the same or related deficiencies are present in those
				  homes.
Statutory Authority: Chapter 70.128 RCW. 12-01-004,
						§ 388-76-10911, filed 12/7/11, effective
						1/7/12.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › INSPECTIONS-COMPLAINT INVESTIGATIONS-MONITORING VISITS › Section 388-76-10912 - Inspection timelines

Current through Register Vol. 24-14, July 15, 2024
(1) In response
				  to the COVID-19 pandemic, the governor suspended the requirement for the
				  department to conduct full licensing inspections of adult family homes required
				  by
				  RCW
				  70.128.070(2)(b).
(2) During the suspension of the full
				  licensing inspection requirements, the department continued to conduct
				  complaint investigations in adult family homes when it became aware of
				  information that indicated an immediate threat to resident health and safety
				  may exist.
(3) The department must
				  prioritize and resume full licensing inspections of adult family homes affected
				  by the suspension of the inspection requirements by applying the following
				  criteria collectively:
(a) The department has
				  identified an ongoing threat to the health and safety of residents through one
				  or more reported complaints, previous inspections, or previous
				  investigations;
(b) Whether the
				  adult family home has had a remedy imposed in the last 24 months; and
(c) The length of time since the last full
				  licensing inspection of the adult family home.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › INSPECTIONS-COMPLAINT INVESTIGATIONS-MONITORING VISITS › Section 388-76-10915 - Department staff access - Willful interference prohibited

Current through Register Vol. 24-14, July 15, 2024
The adult family home must ensure:
(1) Department staff have access to:
(a) The home, residents, including former
				  residents;
(b) Resident records,
				  includes former residents records;
(c) Facility staff and relevant staff
				  records; and
(d) Financial records
				  of the business if good cause to believe that a financial obligation related to
				  resident care or services will not be met.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › INSPECTIONS-COMPLAINT INVESTIGATIONS-MONITORING VISITS › Section 388-76-10920 - Inspection and investigation reports - Provided by department

Current through Register Vol. 24-14, July 15, 2024
The department will mail or hand deliver the department's
					 report to the adult family home:
(1)
				  Within ten working days of completion of the inspection process; or
(2) Within ten calendar days of completion of
				  the inspection if the home does not have a deficiency.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10920,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10920, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › INSPECTIONS-COMPLAINT INVESTIGATIONS-MONITORING VISITS › Section 388-76-10925 - Disclosure of inspection and complaint investigation reports

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  will make copies available to the public, subject to applicable public
				  disclosure and confidentiality requirements, of:
(a) Inspection and complaint investigation
				  reports as soon as they are completed; and
(b) Any final written decision by the
				  department to take an enforcement action.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › INSPECTIONS-COMPLAINT INVESTIGATIONS-MONITORING VISITS › Section 388-76-10930 - Plan of correction (POC) - Required

Current through Register Vol. 24-14, July 15, 2024
(1) The adult family home must comply with
				  all applicable licensing laws and regulations at all times.
(2) When the department finds the adult
				  family home out of compliance with any licensing law or regulation, the
				  department will send the home an inspection report with an attestation of
				  correction statement for each cited deficiency.
(3) The adult family home must complete an
				  attestation of correction for any inspection report as the department
				  requires.
(4) For the purposes of
				  this section an "attestation of correction statement" means a statement,
				  developed by the department and signed and dated by the home, that the home:
(a) Has or will correct each cited
				  deficiency; and
(b) Will maintain
				  correction of each cited deficiency.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT ADVOCATE ACCESS › Section 388-76-10935 - Washington protection and advocacy-Long-term care ombudsman-Official duties-Penalty for interference

Current through Register Vol. 24-14, July 15, 2024
The adult family home must not willfully interfere with a
					 representative of the following in the performance of official duties:
(1) Washington protection and advocacy system
				  as defined under
				  RCW
				  71A.10.080; or
(2) Long-term care ombuds as defined under
				  chapter 43.190 RCW, the state regulations for the long-term care ombudsman and
				  under federal law.
(3) The
				  department must impose a civil penalty as per WAC
				  388-76-10975 for any such willful
				  interference with a representative of the long-term care ombuds
				  program.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10935, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › REMEDIES › Section 388-76-10940 - Remedies - Generally

Current through Register Vol. 24-14, July 15, 2024
The department may take one or more of the following
					 actions in any case which the department finds that an adult family home failed
					 or refused to comply with the applicable requirements of chapters 70.128,
					 70.129, or
					 74.34 RCW or this chapter:
(1) Denial of an application for a
				  license;
(2) Impose reasonable
				  conditions on a license;
(3) Impose
				  civil penalties;
(4) Order stop
				  placement; and/or
(5) Suspension or
				  revocation of a license.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10940, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › REMEDIES › Section 388-76-10945 - Remedies - Imposition of remedies

Current through Register Vol. 24-14, July 15, 2024
The department must impose a remedy or remedies listed in
					 WAC 388-76-10940 when violations of
					 chapter 70.128, 70.129 and
					 74.34 RCW and this chapter
					 are:
(1) Repeated;
(2) Uncorrected;
(3) Pervasive; or
(4) Present a threat to the health, safety,
				  or welfare of one or more residents.
Statutory Authority: Chapter 70.128 RCW. 12-01-004,
						§ 388-76-10945, filed 12/7/11, effective 1/7/12. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10945, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › REMEDIES › Section 388-76-10950 - Remedies-History and actions by individuals

Current through Register Vol. 24-14, July 15, 2024
The department will consider the history and actions of the
					 following individual or combination of individuals when imposing
					 remedies:
(1) Applicant;
(2) Provider;
(3) Entity representative;
(4) Person affiliated with the
				  applicant;
(5) Resident
				  manager;
(6) A partner, officer,
				  director or managerial employee of the entity;
(7) Spouse of the provider or entity
				  representative;
(8) An owner:
(a) Of fifty-one percent or more of the
				  entity; or
(b) Who exercises
				  control over the daily operations of the home;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › REMEDIES › Section 388-76-10955 - Remedies-Department must impose remedies

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The department must impose a remedy or remedies if the department substantiates
				  a complaint involving harm to a resident and violation of an applicable law or
				  rule.
(2) The department must
				  impose a remedy or remedies if the department substantiates, after licensure,
				  that it has been less than twenty years since the adult family home voluntarily
				  surrendered or relinquished an adult family home license in lieu of department
				  initiated denial, suspension, nonrenewal, or revocation of a license.
(3) The department must impose a remedy or
				  remedies if the department finds any person listed in WAC
				  388-76-10950:
(a) A court has issued a permanent
				  restraining order or order of protection either active or expired, against the
				  individual that was based upon abuse, neglect, financial exploitation, or
				  mistreatment of a child or vulnerable adult;
(b) The individual is a registered sex
				  offender;
(c) The individual is on
				  a registry based upon a final finding of abuse, neglect or, financial
				  exploitation of a vulnerable adult, unless the finding was made by adult
				  protective services prior to October 2003;
(d) A founded finding of abuse or neglect of
				  a child was made against the individual, unless the finding was made by child
				  protective services prior to October 1, 1998;
(e) The individual has had a contract or
				  license denied, terminated, revoked, or suspended due to abuse, neglect,
				  financial exploitation, or mistreatment of a child or vulnerable adult;
				  or
(f) The individual has
				  relinquished a license or terminated a contract because an agency was taking an
				  action against the individual related to alleged abuse, neglect, financial
				  exploitation or mistreatment of a child or vulnerable adult.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › REMEDIES › Section 388-76-10960 - Remedies-Department may impose remedies

Current through Register Vol. 24-14, July 15, 2024
The department may impose a remedy or remedies if the
					 department finds any person listed in WAC
					 388-76-10950:
(1) Has been convicted of:
(a) Any felony that the department determines
				  is reasonably related to the competency of the person to be involved in the
				  ownership or operation of an adult family home; or
(b) A crime involving a firearm used in the
				  commission of a felony or in any act of violence against a person.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › REMEDIES › Section 388-76-10965 - Remedies - Specific - Denial of application for license

Current through Register Vol. 24-14, July 15, 2024
The department decision to deny an application for a
					 license is specified in:
(1) WAC
				  388-76-10115;
(2) WAC
				  388-76-10120;
(3) WAC
				  388-76-10125; and
(4) WAC
				  388-76-10940.
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10965, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › REMEDIES › Section 388-76-10970 - Remedies - Specific - Condition(s) on license

Current through Register Vol. 24-14, July 15, 2024
(1) The department may impose reasonable
				  conditions or limits on a new or current license.
(2) Conditions or limits the department may
				  impose on a license include, but are not limited to, the following:
(a) Correction of deficiencies within a
				  specified time;
(b) Training
				  related to the deficiencies;
(c)
				  Limits on the type of residents the adult family home may admit or
				  serve;
(d) Discharge of any
				  resident when the department finds discharge is needed to meet that resident's
				  needs or for the protection of other residents;
(e) Change in license capacity;
(f) Removal of the adult family home's
				  designation as a specialized home;
(g) Prohibition of access to residents by a
				  specified person; and
(h)
				  Demonstration of ability to meet financial obligations necessary to continue
				  operation.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › REMEDIES › Section 388-76-10975 - Remedies-Specific-Civil penalties

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  department may impose civil penalties of at least one hundred dollars per day
				  per violation:
(a) Fines up to one thousand
				  dollars can be issued under
				  RCW
				  70.128.150 for willful interference with a
				  representative of the long-term care ombuds; and
(b) Fines up to three thousand dollars can be
				  issued under
				  RCW
				  74.39A.060 for retaliation against a
				  resident, employee, or any other person making a complaint, providing
				  information to, or cooperating with, the ombuds, the department, the attorney's
				  general office, or a law enforcement agency; and
(c) Fines up to ten thousand dollars may be
				  issued under
				  RCW
				  70.128.065(2) for a current
				  or former licensed provider who is operating an unlicensed home.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › REMEDIES › Section 388-76-10976 - Remedies - Civil fine grid

Current through Register Vol. 24-14, July 15, 2024
The department will consider the guidance in the tiered
					 sanction grid below when imposing civil fine remedies:
NO HARM
MINIMAL or MODERATE HARM
SERIOUS HARM
IMMINENT DANGER and/or IMMEDIATE THREAT
Repeat / Uncorrected
Initial
Repeat / Uncorrected
Initial
Repeat / Uncorrected
Any Violation
Civil fine of at least $100 per violation
Civil fine up to $500 per violation or a daily
								  civil fine of at least $250 per day
Civil fine up to $1,000 per violation or a daily
								  civil fine of at least $500 per day
Civil fine up to $2,000 per violation or a daily
								  civil fine of at least $1,000 per day
Civil fine up to $3,000 per violation or a daily
								  civil fine of at least $1,500 per day
Civil fine of $3,000 or daily civil fine of at
								  least $1,000 per day
Statutory Authority: Chapter 70.128 RCW. 12-01-004,
						§ 388-76-10976, filed 12/7/11, effective
						1/7/12.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › REMEDIES › Section 388-76-10980 - Remedies-Specific-Stop placement-Admissions prohibited

Current through Register Vol. 24-14, July 15, 2024
(1) The department may order stop placement
				  and prohibit the admission of residents if the home does not meet the
				  requirements of chapters 70.128, 70.129, 74.32 RCW or this chapter.
(2) Once imposed, the adult family home must
				  not admit any person until the stop placement order is terminated.
(3) If the home requests, the department may
				  approve readmission of a resident to the home from a hospital or nursing home
				  during the stop placement.
(4) The
				  department must end the stop placement only after the department finds the:
(a) Deficiencies necessitating the stop
				  placement have been corrected; and
(b) Home can show it has the capacity to
				  maintain adequate care and service.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › REMEDIES › Section 388-76-10985 - Remedies - May extend to multiple homes

Current through Register Vol. 24-14, July 15, 2024
(1) If a licensed provider also operates an
				  unlicensed adult family home, the department may impose a remedy or remedies
				  listed in WAC
				  388-76-10940 on the licensed
				  adult family home or homes.
(2) If
				  violations in an adult family home are of such nature as to present a serious
				  risk or harm to residents of other homes operated by the same provider, the
				  department may impose remedies on those other homes.
Statutory Authority:
						RCW
						70.128.040. 10-04-008, § 388-76-10985,
						filed 1/22/10, effective 2/22/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10985, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › INFORMAL DISPUTE RESOLUTION, NOTICE AND APPEALS › Section 388-76-10990 - Informal dispute resolution (IDR)

Current through Register Vol. 24-14, July 15, 2024
(1)
				  When an adult family home disagrees with the department's finding of a
				  violation under this chapter, the adult family home has the right to have the
				  violation reviewed by the department under the department's dispute resolution
				  process.
(2) The purpose of the
				  review is to give the adult family home an opportunity to present information
				  that might warrant modification or deletion of a finding of a
				  violation.
(3) The adult family
				  home may submit a written statement for review.
(4) In addition to a written statement, the
				  adult family home may ask to present the information in person to a department
				  designee.
(5) Requests for review
				  must be made in writing to the department at the address provided in the
				  department's certified notice within ten working days of receipt of the written
				  finding of a violation.
(6) Orders
				  of the department imposing license suspension, stop placement, or conditions on
				  a license are effective immediately upon notice and shall continue pending
				  dispute resolution.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-10990,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 07-21-080, §
						388-76-10990, filed 10/16/07, effective
						1/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › INFORMAL DISPUTE RESOLUTION, NOTICE AND APPEALS › Section 388-76-10995 - Notice, hearing rights, and effective dates relating to imposition of remedies

Current through Register Vol. 24-14, July 15, 2024
(1)Chapter
				  34.05 RCW applies to
				  department actions under this chapter and chapter 70.128 RCW, except that
				  orders of the department imposing license suspension, stop placement, or
				  conditions on license are effective immediately upon notice and must continue
				  pending a final administrative decision.
(2) An adult family home contesting the
				  imposition of any remedy by the department must within twenty-eight days of
				  receipt of the decision:
(a) File a written
				  application for an adjudicative proceeding by a method showing proof of receipt
				  to the agency at the mailing address contained in the department's notice
				  imposing the remedy; and
(b)
				  Include in or with the application:
(i) The
				  reasons for contesting the department decision; and
(ii) A copy of the contested department
				  decision.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT PROTECTION PROGRAM › Section 388-76-11000

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 08-05-098, §
						388-76-11000, filed 2/15/08, effective
						3/17/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT PROTECTION PROGRAM › Section 388-76-11004

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-11004,
						filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT PROTECTION PROGRAM › Section 388-76-11005

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-11005,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 08-05-098, §
						388-76-11005, filed 2/15/08, effective
						3/17/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT PROTECTION PROGRAM › Section 388-76-11010

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-11010,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 08-05-098, §
						388-76-11010, filed 2/15/08, effective
						3/17/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT PROTECTION PROGRAM › Section 388-76-11015

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-11015,
						filed 1/15/10, effective 2/15/10; 09-03-030, § 388-76-11015, filed
						1/12/09, effective 2/12/09. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 08-05-098, §
						388-76-11015, filed 2/15/08, effective
						3/17/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT PROTECTION PROGRAM › Section 388-76-11020

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 08-05-098, §
						388-76-11020, filed 2/15/08, effective
						3/17/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT PROTECTION PROGRAM › Section 388-76-11025

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-11025,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 08-05-098, §
						388-76-11025, filed 2/15/08, effective
						3/17/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT PROTECTION PROGRAM › Section 388-76-11030

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-11030,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 08-05-098, §
						388-76-11030, filed 2/15/08, effective
						3/17/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT PROTECTION PROGRAM › Section 388-76-11035

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-11035,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 08-05-098, §
						388-76-11035, filed 2/15/08, effective
						3/17/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › RESIDENT PROTECTION PROGRAM › Section 388-76-11040

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-11040,
						filed 1/15/10, effective 2/15/10. Statutory Authority:
						RCW
						70.128.040 and chapters 70.128 and
						74.34 RCW. 08-05-098, §
						388-76-11040, filed 2/15/08, effective
						3/17/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › MANAGEMENT AGREEMENTS › Section 388-76-11050 - Management agreements-General

Current through Register Vol. 24-14, July 15, 2024
(1)
				  As used in WAC
				  388-76-11050 through
				  388-76-11070, the term "manager"
				  means the individual or entity providing management services under a management
				  agreement. It does not mean a resident manager.
(2) The requirements contained in WAC
				  388-76-11050 through
				  388-76-11070 apply to management
				  agreements and not the temporary management program described in
				  RCW
				  70.128.163.
(3) If the adult family home contracts with a
				  manager, the adult family home must have a written management agreement that is
				  consistent with chapter 388-76 WAC requirements.
(4) The adult family home must notify the
				  department of its use of a manager when:
(a)
				  Entering into a management agreement following initial licensure;
(b) Changing managers; or
(c) Modifying an existing management
				  agreement.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › MANAGEMENT AGREEMENTS › Section 388-76-11055 - Management agreements-Adult family home

Current through Register Vol. 24-14, July 15, 2024
(1) The adult family home is responsible for:
(a) The daily operations and provision of
				  care and services to residents;
(b)
				  Compliance with all applicable laws and rules;
(c) Ensuring the manager complies with the
				  management agreement; and
(d)
				  Ensuring the manager does not represent itself as, or give the appearance that
				  it is the provider.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › MANAGEMENT AGREEMENTS › Section 388-76-11060 - Terms of the management agreement

Current through Register Vol. 24-14, July 15, 2024
Management agreements, at a minimum must:
(1) Describe the responsibilities of the
				  adult family home and manager, including items, services, and activities to be
				  provided;
(2) Maintain and retain
				  all records in accordance with this chapter;
(3) Allow the department unlimited access to
				  documentation and records according to applicable laws or
				  regulations;
(4) Require the
				  manager to immediately send copies of inspections and notices of noncompliance
				  to the adult family home;
(5)
				  Require the adult family home's governing body, board of directors or similar
				  authority to appoint the entity representative;
(6) Require the adult family home to
				  participate in monthly oversight meetings and at minimum, quarterly on-site
				  visits to the home;
(7) State that
				  the adult family home is responsible for reviewing, acknowledging and signing
				  all initial, change of ownership, and change of location license
				  applications;
(8) State that the
				  adult family home and manager will review the management agreement annually and
				  notify the department of change according to applicable regulations;
(9) Acknowledge that the adult family home is
				  the party ultimately responsible for complying with all applicable laws and
				  rules;
(10) Require the adult
				  family home to oversee and maintain ultimate responsibility for:
(a) All personnel issues relating to the
				  operation of the home;
(b) The
				  care, services, and safety of all residents; and
(c) Staffing plans, staff, volunteer and
				  student orientation and training;
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › MANAGEMENT AGREEMENTS › Section 388-76-11065 - Management agreements - Department review

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt of a proposed management
				  agreement, the department may require:
(a)
				  The adult family home to provide additional information or
				  clarification;
(b) Changes
				  necessary to:
(i) Bring the management
				  agreement into compliance with this chapter; and
(ii) Ensure that the adult family home has
				  continued to have ultimate responsibility for the daily operations of the
				  home.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › MANAGEMENT AGREEMENTS › Section 388-76-11070 - 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 personal funds to the manager, the adult
				  family home must:
(a) Retain all fiduciary
				  and custodial responsibility for funds that have been deposited with the adult
				  family home by the resident;
(b)
				  Remain directly accountable to the residents and resident representatives for
				  such funds; and
(c) Ensure any
				  party responsible for holding or managing resident's personal funds:
(i) Is bonded or obtains insurance in
				  sufficient amounts to specifically cover losses of resident funds;
(ii) Provides proof of bond or insurance;
				  and
(iii) Provides proof of payment
				  of the bond or insurance premium.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › NOTICE › Section 388-76-11080 - Notice - Service complete

Current through Register Vol. 24-14, July 15, 2024
Service of the department notices is complete when:
(1) Personal service is made;
(2) The notice is addressed to the home or
				  the individual at his or her last known address, and deposited in the United
				  States mail;
(3) The notice is
				  faxed and the department receives evidence of transmission;
(4) Notice is delivered to a commercial
				  delivery service with charges prepaid; or
(5) Notice is delivered to a legal messenger
				  service with charges prepaid.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-11080,
						filed 1/15/10, effective 2/15/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-76 - TANF/SFA five-year time limit › NOTICE › Section 388-76-11085 - Notice - Proof of service

Current through Register Vol. 24-14, July 15, 2024
The department may establish proof of service by any of the
					 following:
(1) A declaration of
				  personal service;
(2) An affidavit
				  or certificate of mailing to the adult family home or to the individual to whom
				  the notice is directed;
(3) A
				  signed receipt from the person who accepted the certified mail, the commercial
				  delivery service, or the legal messenger service package; or
(4) Proof of fax transmission.
Statutory Authority:
						RCW
						70.128.040. 10-03-064, § 388-76-11085,
						filed 1/15/10, effective 2/15/10.