Chapter 388-76 Adult family home minimum licensing requirements.

If the results of the Washington state name and date of birth background check indicate an individual has a disqualifying criminal conviction or a pending charge for a disqualifying crime under chapter 388-113 WAC, or a disqualifying negative action listed in WAC 388-76-10180 the…

(1) Individuals specified in WAC 388-76-10161(2) who are hired after January 7, 2012 and are not disqualified by the Washington state name and date of birth background check, must complete a national fingerprint background check and follow department procedures.(2) After receivin…

(1) After receiving the results of the Washington state name and date of birth background check, the adult family home must:(a) Inform the person of the results of the background checks;(b) Inform the person that they may request a copy of the results of the background check. If …

(1) A Washington state name and date of birth background check is valid for two years from the initial date it is conducted. The adult family home must ensure:(a) A new DSHS background authorization form is submitted to the department's background check central unit every two yea…

(1) The adult family home must not allow individuals specified in WAC 388-76-10161(3) to have unsupervised access to residents until the home receives results of the Washington state name and date of birth background check from the department.(2) If the background check results s…

The adult family home must establish and implement procedures that ensure all background authorization forms, background check results, related information, and all copies are:(1) Kept in a confidential and secure manner;(2) Used for employment purposes only;(3) Not disclosed to …

In accordance with RCW 43.43.832 a health care facility may share Washington state background check results with other health care facilities under certain circumstances. Results of the national fingerprint-based background check may not be shared. For the purposes of this sectio…

An adult family home may conditionally employ a person directly or by contract, pending the result of a Washington state name and date of birth background check, provided the home:(1) Submits the Washington state name and date of birth background check no later than one working d…

The adult family home may provisionally employ individuals hired after January 7, 2012 and listed in WAC 388-76-10161(2) for one hundred twenty-days and allow those individuals to have unsupervised access to residents when:(1) The individual is not disqualified based on the resul…

(1) The adult family home must not employ, directly or by contract, a caregiver, entity representative, or resident manager if:(a) The caregiver, entity representative or resident manager will have unsupervised access to vulnerable adults, as defined in RCW 43.43.830; and either:…

(1) If any background check results show that an employee or prospective employee has a criminal conviction or pending charge for a crime that is not disqualifying under chapter 388-113 WAC, then the adult family home must:(a) Determine whether the person has the character, compe…

The adult family home must:(1) Obtain and maintain both:(a) Commercial general liability insurance or business liability insurance covering the adult family home; and(b) Professional liability insurance or errors and omissions insurance covering the adult family home.(2) Obtain t…

(1) The liability insurance coverage required under WAC 388-76-10191 must include:(a) Losses or allegations or both caused by errors and omissions of the adult family home or its employees or volunteers;(b) Coverage for bodily injury, property damage, and contractual liability; a…

The adult family home must ensure:(1) When one or more residents are in the home, enough staff are available in the home to meet the needs of each resident, except as provided in WAC 388-76-10200;(2) Staff are readily available to meet resident needs if the home takes the residen…

The adult family home must keep documents related to staff in a place readily accessible to authorized department staff. These documents must be available during the staff's employment, and for at least two years following employment. The documents must include but are not limite…

In addition to other licensing requirements for staff availability, the adult family home must:(1) Ensure at least one qualified caregiver is present in the home whenever one or more residents are present in the home, except as provided in subsection (2). For purpose of this subs…

(1) The adult family home must have a written plan addressing how they will continue to meet the requirements of this chapter and provide care and services to residents in the event that the provider or entity representative is unable to fulfill their duties in the home and make …

When the adult family home accepts medicaid or state funded residents, the home must follow the terms and conditions of the department contract and chapter 388-105 WAC.[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. WSR 07-21-080, § 388-76-10205, filed 10/…

When an adult family home chooses to voluntarily close, the home must:(1) Notify the following in writing of the closure at least thirty days before the home closes:(a) The department;(b) Each resident; and(c) Each resident's representative.(2) Develop, organize, and carry out a …

(1) The adult family home must meet the requirements of RCW 70.129.040 to protect any funds the resident may have deposited with the adult family home.(2) If a deceased resident had some of his or her adult family home care paid for by the department, then the home must:(a) Send …

The adult family home must keep a log of:(1) Alleged or suspected instances of abandonment, neglect, abuse or financial exploitation;(2) Accidents or incidents affecting a resident's welfare; and(3) Any injury to a resident.[Statutory Authority: RCW 70.128.040 and chapters 70.128…

(1) The adult family home must create, maintain, and regularly update a resident roster. The roster must include:(a) The list of current resident names; and(b) Room identifier assigned to each resident.(2) The adult family home will provide a written copy immediately upon an in-p…

(1) The adult family home must ensure all staff:(a) Report suspected abuse, neglect, exploitation, or abandonment of a resident:(i) As required by chapter 74.34 RCW;(ii) To the department by calling the complaint toll-free hotline number or completing an online report; and(iii) T…

The adult family home must ensure any animal visiting or living on the premises:(1) Does not compromise any resident rights, preferences or medical needs;(2) Has a suitable temperament, is clean and healthy, and otherwise poses no significant health or safety risks to any residen…

(1) The adult family home must:(a) Create and regularly maintain a current resident roster containing the name and room number of each resident; and(b) Provide a written copy of the resident roster upon an in-person request from any long-term care ombuds at the time of the visit …

(1) Effective February 1, 2009, the adult family home must ensure that no provider, entity representative, resident manager, or staff becomes any resident's guardian.(2) Provider, entity representative, resident manager or staff who is a resident's guardian before February 1, 200…

The adult family home must not allow a provider, entity representative, owner, administrator, or employees of the home to act as a resident's attorney in fact, according to chapter 11.94 RCW, unless the provider, entity representative, owner, administrator, or employee is the res…

The adult family home must provide care and services consistent with the federal patient self-determination act and other statutes related to a resident legal representative and health care decision making, including but not limited to:(1) Chapter 7.70 RCW;(2) Chapter 70.122 RCW;…

(1) The adult family home must develop and implement policies and procedures which require immediate contact of the local emergency medical services when a resident has a medical emergency. This requirement applies:(a) Unless the caregiver, present at the time of the emergency, i…

The adult family home must develop and implement an infection control system that:(1) Uses nationally recognized infection control standards;(2) Emphasizes frequent hand washing and other means of limiting the spread of infection;(3) Follows the requirements of chapter 49.17 RCW,…

If the adult family home suspects anyone working or living in the home has or may have a communicable disease, the home must implement nationally recognized infection control measures.[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. WSR 07-21-080, § 388-76-…

(1) The adult family home must develop and implement a system to ensure the following persons have tuberculosis testing within three days of employment:(a) Provider;(b) Entity representative;(c) Resident manager;(d) Caregiver;(e) Staff; and(f) Any student or volunteer providing a…

The adult family home must ensure that all tuberculosis testing is done through either:(1) Intradermal (Mantoux) administration with test results read:(a) Within forty-eight to seventy-two hours of the test; and(b) By a trained professional; or(2) A blood test for tuberculosis ca…

The adult family home is not required to have a person tested for tuberculosis if the person has:(1) A documented history of a previous positive skin test, with ten or more millimeters induration;(2) A documented history of a previous positive blood test; or(3) Documented evidenc…

The adult family home is only required to have a person take one test if the person has any of the following:(1) A documented history of a negative result from a previous two step test done no more than one to three weeks apart; or(2) A documented negative result from one skin or…

Unless the person meets the requirement for having no skin testing or only one test, the adult family home, choosing to do skin testing, must ensure that each person has the following two-step skin testing:(1) An initial skin test within three days of employment; and(2) A second …

When there is a positive result to tuberculosis skin or blood testing the adult family home must:(1) Ensure that the person has a chest X-ray within seven days;(2) Ensure each resident or employee with a positive test result is evaluated for signs and symptoms of tuberculosis; an…

The adult family home may be required by the public health provider or licensing authority to ensure that persons with negative test results have follow-up testing in certain circumstances, such as:(1) After exposure to active tuberculosis;(2) When tuberculosis symptoms are prese…

The adult family home must ensure that a person take the blood test for tuberculosis if they decline the skin test.[Statutory Authority: RCW 70.128.040. WSR 10-03-064, § 388-76-10300, filed 1/15/10, effective 2/15/10. Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74…

The adult family home must:(1) Report any person or resident with tuberculosis symptoms or a positive chest X-ray to the appropriate health care provider or public health provider;(2) Follow the infection control and safety measures ordered by the person's health care provider, i…

The adult family home must:(1) Keep the records of tuberculin test results, reports of X-ray findings, and any physician or public health provider orders in the adult family home;(2) Make the records readily available to the appropriate health authority and licensing agency;(3) P…

The adult family home must:(1) Create, maintain, and keep records for residents in the home where the resident lives and ensure that the records:(a) Contain enough information so home can provide the needed care and services to each resident;(b) Be in a format useful to the home;…

The adult family home must ensure that each resident record contains, at a minimum, the following information:(1) Identifying information about the resident, including, but not limited to:(a) Name;(b) Bedroom they reside in;(c) Telephone number, if available; and(d) Email address…

When available, the adult family home must obtain copies of the following legal documents for the resident's records:(1) Any powers of attorney granted by the resident, including for health care decision making and financial; and(2) Court order of guardianship for the resident.[S…

The adult family home must:(1) Obtain a written assessment that contains accurate information about the prospective resident's current needs and preferences before admitting a resident to the home;(2) Not admit a resident without an assessment except in cases of a genuine emergen…

The adult family home must ensure that each resident's assessment includes the following minimum information:(1) Recent medical history;(2) Current prescribed medications, and contraindicated medications, including but not limited to, medications known to cause adverse reactions …

The adult family home must ensure that each resident has a preliminary service plan that includes:(1) The resident's specific problems and needs identified in the assessment;(2) The needs for which the resident chooses not to accept or refuses care or services;(3) What the home w…

The adult family home must ensure the person performing resident assessments is:(1) A qualified assessor; or(2) For a resident who receives care and services paid for by the department, an authorized department case manager.[Statutory Authority: RCW 70.128.040 and chapters 70.128…

(1) The department amended portions of this rule from January 18, 2022, through June 8, 2023, in response to the state of emergency related to the COVID-19 pandemic. For requirements in place during that time, see WAC 388-76-10351.(2) The adult family home must ensure each reside…

(1) In response to the state of emergency related to the COVID-19 pandemic, the department adopted emergency rules under RCW 34.05.320 on January 18, 2022, to amend a portion of WAC 388-76-10350. The emergency rules remained in effect until June 8, 2023. The amended rules in plac…