244 sections in this chapter.
R.388-76-388-76-10585 Resident rights—Examination of inspection results.
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(1) The adult family home must place a copy of the following documents in a common use area where they can be easily viewed by residents, resident representatives, the department, and anyone interested without having to ask for them:(a) The most recent inspection report, any rela…
R.388-76-388-76-10590 Resident rights—Contact with client advocates.
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The adult family home must ensure that each resident:(1) Receives information from client advocate agencies; and(2) Has opportunities to contact client advocate agencies.[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. WSR 07-21-080, § 388-76-10590, filed 1…
R.388-76-388-76-10595 Resident rights—Advocacy access and visitation rights.
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The adult family home must not interfere with each resident's right to have access to and from:(1) Any representative of the state;(2) The resident's own physician;(3) The state long-term care ombuds programs;(4) The agency responsible for the protection and advocacy system for o…
R.388-76-388-76-10596 Essential support persons.
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(1) In circumstances in which limitations must be placed on resident visitation due to a public health emergency or other threat to the health and safety of the residents and staff of a facility or nursing home, residents must still be allowed access to an essential support perso…
R.388-76-388-76-10600 Resident rights—Mail and telephone privacy.
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The adult family home must ensure each resident's right to privacy in communications, including the right to:(1) Send and receive unopened mail without delay;(2) Have writing paper, postage, and pens or pencils available that have been paid for by the resident; and(3) Have twenty…
R.388-76-388-76-10605 Resident rights—Personal property and storage space.
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The adult family home must ensure each resident's right to keep and use personal possessions, including furnishings, and appropriate clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents.[Statutory Authority: RCW 70.128…
R.388-76-388-76-10610 Resident rights—Waiver of liability.
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The adult family home must not ask the resident for, or make the resident sign waivers of:(1) Potential liability for losses of personal property or injury; and(2) Residents' rights set forth in chapters 70.128, 70.129, 74.34 RCW, this chapter or in the applicable licensing laws.…
R.388-76-388-76-10615 Resident rights—Transfer and discharge.
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(1) The adult family home must allow each resident to stay in the home and not transfer or discharge the resident unless:(a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the home;(b) The safety or health of individual…
R.388-76-388-76-10616 Resident rights—Transfer and discharge notice.
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(1) Before a home transfers or discharges a resident, the home must give the resident and the resident's representative a written thirty day notification informing them of the transfer or discharge. The home must also make a reasonable effort to notify, if known, any interested f…
R.388-76-388-76-10617 Resident rights—Transfer and discharge notice—Residents with medicaid as payor.
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For residents with medicaid as a payor, in addition to the requirements in WAC 388-76-10616, the adult family home must do the following when issuing a written notice of transfer or discharge:(1) Include in the notice contact information provided by the department for the legal s…
R.388-76-388-76-10620 Resident rights—Quality of life—General.
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(1) The adult family home must promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality.(2) The home may design home rules that protect the rights and quality of lif…
R.388-76-388-76-10625 Resident rights—Quality of life—Meetings.
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The adult family home must ensure:(1) A resident's right to:(a) Organize and take part in resident groups in the home;(b) Have family meet in the home with the families of other residents; and(c) Have staff or visitors attend meetings at the group's invitation.(2) The home must p…
R.388-76-388-76-10630 Resident rights—Quality of life—Adult family home response to issues.
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When a resident or family group exists, the adult family home must listen to the views and act upon the grievances and recommendations of residents and families about proposed policy and operational decisions affecting resident care and life in the home.[Statutory Authority: RCW …
R.388-76-388-76-10635 Resident rights—Quality of life—Work.
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The adult family home must respect the resident's right to refuse to perform services for the home except as voluntarily agreed to by the resident and the home and documented in the resident's negotiated care plan.[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34…
R.388-76-388-76-10640 Resident rights—Quality of life—Resident participation.
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The adult family home must ensure each resident's right to join in social, religious, and community activities that do not interfere with the rights of other residents in the home.[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. WSR 07-21-080, § 388-76-1064…
R.388-76-388-76-10645 Resident rights—Quality of life—Reasonable accommodation.
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The adult family home must ensure each resident:(1) Receives reasonable accommodation to meet the needs and preferences of the resident, except when the reasonable accommodation endangers the health or safety of the individual or other residents; and(2) Has the ability to share a…
R.388-76-388-76-10650 Medical devices.
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(1) The adult family home must not use a medical device with a known safety risk as a restraint or for staff convenience.(2) Before a medical device with a known safety risk is used by a resident, the home must:(a) Ensure an assessment has been completed that identifies the resid…
R.388-76-388-76-10655 Physical and mechanical restraints.
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The adult family home must ensure:(1) Each resident's right to be free from physical and mechanical restraints used for discipline or convenience;(2) Prior to the use of physical or mechanical restraints, less restrictive alternatives have been tried and documented in the residen…
R.388-76-388-76-10660 Chemical restraints.
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(1) "Chemical restraint(s)" cannot be used for discipline or convenience.(2) Must only be used within the guidelines as "chemical restraint" is defined.[Statutory Authority: Chapter 70.128 RCW. WSR 17-01-002, § 388-76-10660, filed 12/7/16, effective 1/7/17; WSR 16-06-004, § 388-7…
R.388-76-388-76-10665 Involuntary seclusion.
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The adult family home must ensure a resident's right to be free from involuntary seclusion or isolation of the resident against his or her will.[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. WSR 07-21-080, § 388-76-10665, filed 10/16/07, effective 1/1/08.…
R.388-76-388-76-10670 Prevention of abuse.
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The adult family home must:(1) Meet the requirements of chapter 74.34 RCW;(2) Ensure each resident's right to be free from abandonment, verbal, sexual, physical and mental abuse, exploitation, financial exploitation, neglect, and involuntary seclusion;(3) Protect each resident wh…
R.388-76-388-76-10673 Abuse and neglect reporting—Mandated reporting to department—Required.
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(1) In accordance with chapter 74.34 RCW, all providers, entity representatives, resident managers, owners, caregivers, staff, and students that provide care and services to residents, are mandated reporters and must immediately report to the department when there is:(a) A reason…
R.388-76-388-76-10675 Adult family home rules and policies related to abuse—Required.
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The adult family home must develop and implement written rules and policies that:(1) Do not allow abandonment, abuse, neglect of any resident, exploitation or financial exploitation of any resident;(2) Require staff to report possible abuse, and other related incidents, as requir…
R.388-76-388-76-10680 Staff behavior related to abuse.
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The adult family home must ensure that staff do not abandon, abuse, neglect, seclude, exploit, or financially exploit any resident.[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. WSR 07-21-080, § 388-76-10680, filed 10/16/07, effective 1/1/08.]
R.388-76-388-76-10685 Bedrooms.
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The adult family home must meet all of the following requirements:(1) Ensure each resident's bedroom is an outside room that allows entrance of natural light.(2) Ensure window and door screens:(a) Do not hinder emergency escape; and(b) Prevent entrance of flies and other insects.…
R.388-76-388-76-10690 Bedroom usable floor space—In adult family homes after the effective date of this chapter.
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(1) For the purposes of this section "vestibule" means a small room or hall between an outer door and the main part of the resident bedroom.(2) The adult family home must ensure each resident bedroom has a minimum usable floor space as follows, excluding the floor space for toile…
R.388-76-388-76-10695 Building codes—Structural requirements.
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(1) For single family dwellings used as an adult family home after July 1, 2007, the home must ensure the building meets the requirements of WAC 51-51-0330 if the building is:(a) New; or(b) An existing building converted for use as an adult family home.(2) For buildings licensed …
R.388-76-388-76-10700 Building official—Inspection and approval.
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The adult family home must have the building inspected and approved for use as an adult family home by the local building official:(1) Before licensing; and(2) After any construction changes that:(a) Affect resident's ability to exit the home; or(b) Change, add or modify a reside…
R.388-76-388-76-10705 Common use areas.
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(1) For the purposes of this section, common use areas:(a) Are areas and rooms of the adult family home that residents use each day for tasks such as eating, visiting, and leisure activities; and(b) Include but are not limited to dining and eating rooms, living and family rooms, …
R.388-76-388-76-10710 Construction and remodeling—Relocation of residents.
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Before moving all residents out of the adult family home for construction or remodeling, the home must:(1) Notify the residents of the move date and the resident's options consistent with chapter 70.129 RCW;(2) Notify the department at least thirty days before the anticipated mov…
R.388-76-388-76-10715 Doors—Ability to open.
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The adult family home must ensure:(1) Every bedroom and bathroom door opens from the inside and outside;(2) Every closet door opens from the inside and outside;(3) At least one door leading to the outside is designated as an emergency exit. In homes licensed after January 1, 2016…
R.388-76-388-76-10720 Electronic monitoring equipment—Audio monitoring and video monitoring.
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(1) Except as provided in this section or in WAC 388-76-10725, the adult family home must not use the following in the home or on the premises:(a) Audio monitoring equipment; or(b) Video monitoring equipment if it includes an audio component.(2) The home may video monitor and vid…
R.388-76-388-76-10725 Electronic monitoring equipment—Resident requested use.
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(1) Audio or video monitoring equipment may not be installed in an adult family home to monitor any resident sleeping area unless the resident or the resident's representative has requested and consents to the monitoring;(2) Electronic monitoring equipment must be installed in a …
R.388-76-388-76-10730 Grab bars and hand rails.
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(1) Homes licensed before November 1, 2016, must have at a minimum securely installed:(a) Grab bars in bathing facilities such as tubs and showers;(b) Grab bars next to toilets, if needed by any resident;(c) Handrails on a step or steps if needed by any resident; and(d) Handrails…
R.388-76-388-76-10735 Kitchen facilities.
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(1) The adult family home must ensure the kitchen facilities include adequate space for:(a) Food handling;(b) Preparation; and(c) Food storage.(2) The home must keep the kitchen and equipment in a clean and sanitary manner.[Statutory Authority: RCW 70.128.040 and chapters 70.128 …
R.388-76-388-76-10740 Lighting.
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The adult family home must provide:(1) Adequate light fixtures for each task a resident or staff does; and(2) Emergency lighting, such as working flashlights for staff and residents that are readily accessible.[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW…
R.388-76-388-76-10745 Local codes and ordinances.
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The adult family home must:(1) Meet all applicable local licensing, zoning, building and housing codes as they pertain to a single family dwelling;(2) Meet state and local fire safety regulations as they pertain to a single family dwelling; and(3) Check with local authorities to …
R.388-76-388-76-10750 Safety and maintenance.
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The adult family home must:(1) Keep the home both internally and externally in good repair and condition with a safe, comfortable, sanitary, and homelike environment that is free of hazards;(2) Ensure that there is existing outdoor space that is safe and usable for residents;(3) …
R.388-76-388-76-10755 Sewage and liquid wastes.
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The adult family home must ensure sewage and liquid wastes are discharged into:(1) A public sewer system; or(2) An independent sewage system approved by the local health authority.[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. WSR 07-21-080, § 388-76-1075…
R.388-76-388-76-10760 Site.
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The adult family home must ensure the home:(1) Is on a well drained site free from:(a) Hazardous conditions;(b) Excessive noise;(c) Dust; and(d) Smoke or odors.(2) Has a road accessible at all times to emergency vehicles.[Statutory Authority: RCW 70.128.040 and chapters 70.128 an…
R.388-76-388-76-10765 Storage.
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The adult family home must:(1) Supply each resident with adequate and reasonable storage space for:(a) Clothing;(b) Personal possessions; and(c) Upon request, a lockable container or storage space for small items, unless:(i) The resident has a single occupancy room with a lockabl…
R.388-76-388-76-10770 Telephones.
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The adult family home must:(1) Have at least one working telephone in the home that does not cost residents money to use; and(2) Allow residents privacy and reasonable access to the telephone to make and receive calls.[Statutory Authority: RCW 70.128.040 and 70.128.060. WSR 21-11…
R.388-76-388-76-10775 Temperature and ventilation.
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The adult family home must:(1) Ensure that the maximum and minimum temperature of any room used by a resident is comfortable for the resident and does not compromise the resident's health and safety.(2) At a minimum, keep room temperature at:(a) Sixty-eight degrees Fahrenheit or …
R.388-76-388-76-10780 Toilets and bathing facilities.
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(1) All adult family homes must ensure the home has toilets and bathing facilities that provide each resident with privacy and include at least:(a) One accessible indoor flush toilet that meets WAC 51-51-0330 for each five persons including residents and household members who liv…
R.388-76-388-76-10783 Water hazards and bodies of water—Resident safety.
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The adult family home must protect each resident:(1) From risks associated with water hazards or bodies of water of any depth at the home; and(2) When accompanying or escorting the resident at other locations where there are water hazards or bodies of water of any depth.[Statutor…
R.388-76-388-76-10784 Water hazards—Fences, gates, and alarms.
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For any adult family home licensed after July 1, 2007 or any currently licensed adult family home that adds or modifies a new or existing water hazard after July 1, 2007 must ensure:(1) Pools, spas, and hot tubs are installed according to the requirements of the International Res…
R.388-76-388-76-10790 Water supply.
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The adult family home must:(1) Obtain local health authority approval to use a private water supply; (2) Provide a clean and healthy drinking water supply for the home; and(3) Label any nonpotable water to avoid use as a drinking water source.[Statutory Authority: RCW 70.128.040 …
R.388-76-388-76-10795 Windows.
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(1) The adult family home must ensure at least one window in each resident bedroom meets the following requirements:(a) The sill height must not be more than forty-four inches above the finished floor.For homes licensed after July 1, 2007, the department will not approve alternat…
R.388-76-388-76-10800 Adult family home located outside of public fire protection.
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(1) If the adult family home is located in an area without public fire protection, the home must have written verification of adequate fire protection from the fire authority.(2) If the local fire authority requires the home to have additional protective measures such as a fire e…
R.388-76-388-76-10805 Automatic smoke alarms.
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(1) The adult family home must ensure approved automatic smoke alarms are installed and maintained according to manufacturer instructions;(2) At a minimum, smoke alarms must be located in the following areas:(a) Every resident bedroom;(b) In the immediate vicinity of resident bed…