Chapter 388-76 Adult family home minimum licensing requirements.

(1) The adult family home must have an approved five pound 2A:10B-C rated fire extinguisher on each floor of the home.(2) The home must ensure fire extinguishers are:(a) Mounted or securely fastened in a stationary position at a minimum of four inches from the floor and a maximum…

Before a resident is admitted, the adult family home must disclose in writing in a language understood by the prospective resident the following:(1) Whether or not resident bedrooms comply with the current building code including evacuation standards; and(2) If the home is locate…

(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…

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 b…

(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 …

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…

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(…

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 …

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. WSR 10-04-…

(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…

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 …

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 th…

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 …

(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.(2) The adult family home must conduct:(a) Partial emergency evacua…

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 evacu…

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 …

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 …

(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…

(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 departmen…

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 …

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 Authorit…

(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 …

(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 attesta…

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 stat…

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 l…

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.[S…

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, directo…

(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 ha…

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 …

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. WSR 07-21-080, § 388-76-10965, filed 10/16/…

(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 …

(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 thousa…

The department will consider the guidance in the tiered sanction grid below when imposing civil fine remedies:no harmminimal or moderate harmserious harmimminent danger and/or immediate threatRepeat / UncorrectedInitialRepeat / UncorrectedInitialRepeat / UncorrectedAny ViolationC…

(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, 74.34 RCW or this chapter.(2) Once imposed, the adult family home must:(a) Publicly post the stop placement order or limited …

(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…

(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 giv…

(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 admini…

(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…

(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…

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 …

(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 adul…

(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 dir…

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 tran…

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 th…