Washington Administrative Code

The service provider must:(1) Allow any state or federal department or agency to conduct audits, evaluations, or complaint investigations related to this program or to clients served in this program;(2) Allow department representatives to review a client's records and activities …

The service provider must:(1) Submit a signed plan of correction to the department according to established department processes and timelines; and(2) Include in the plan of correction:(a) What the service provider did or will do to correct each deficiency; (b) How the service pr…

The service provider must make the certification evaluation report and related plan of correction available to anyone upon request.[Statutory Authority: RCW 71A.12.080. WSR 10-03-065, § 388-101-3165, filed 1/15/10, effective 2/15/10.]

After the effective date of this chapter a person or entity desiring to become a group training home must:(1) Complete an application on forms and attachments designated by the department; and(2) Currently be:(a) Certified as a community residential services and support provider;…

The department will consider, at a minimum, the following when determining whether to approve or deny an application for group training home status:(1) The needs of the program;(2) Available funding;(3) The information received from the applicant;(4) The certification history of …

A service provider who is a licensed adult family home or assisted living facility must:(1) Provide care and services in accordance with this chapter and with licensing requirements under chapters 388-76 and 388-78A WAC respectively;(2) Comply with client rights requirements in c…

Service providers, administrators, owners, and staff:(1) Are mandated reporters and must meet the requirements of chapter 74.34 RCW;(2) Must make mandated reports to the department's centralized toll free complaint telephone number or fax number immediately when:(a) There is reas…

Service providers, administrators, owners, and staff must immediately report to the appropriate law enforcement agency if there is reason to suspect that any of the following has occurred:(1) Sexual assault: Any alleged or suspected sexual assault;(2) Physical assault (nonclient …

(1) The service provider must develop, train on and implement written policies and procedures for:(a) Immediately reporting mandated reporting incidents to:(i) The department and law enforcement; (ii) Appropriate persons within the service provider's agency as designated by the s…

(1) The department may take one or more of the following actions in any case which the department finds that a service provider is noncompliant with the requirements of this chapter, the department's residential services contract, the requirements of chapter 74.34 RCW or other re…

(1) The department may select enforcement actions proportional to the seriousness of harm or threat of harm to clients served by service providers.(2) The department may select a more severe enforcement action for violations that are:(a) Uncorrected;(b) Repeated;(c) Pervasive; or…

The department may impose the enforcement remedies described in this chapter when the service provider:(1) Failed or refused to comply with the health and safety related requirements of this chapter, chapter 74.34 RCW or the rules adopted under these chapters;(2) Failed or refuse…

(1) The department may impose a provisional certification, not to exceed one hundred eighty days, if any service provider does not comply with requirements of this chapter, other applicable laws and rules, or the residential services contract.(2) At the end of provisional certifi…

The department may decertify a service provider at any time for noncompliance with the requirements of this chapter, the department's residential services contract, the requirements of chapter 74.34 RCW, or other relevant federal, state and local laws, requirements or ordinances.…

(1) The department may suspend referrals to the service provider for noncompliance with the requirements of this chapter, the department's residential services contract, the requirements of chapter 74.34 RCW, or other relevant federal, state, and local laws.(2) Once the departmen…

(1) The department may order a limited suspension of department referrals and prohibit the accepting of clients with specified needs if the service provider is noncompliant with the requirements of this chapter, the department's residential services contract, chapter 74.34 RCW, o…

(1) The department may impose civil penalties if the service provider:(a) Fails to implement the plan or plans of correction;(b) Fails to make a correction when conditions have been placed on a service provider's certification; or(c) Fails to cooperate with the department's subse…

The department will consider the tiered sanction grid below when imposing civil fine remedies:NO HARMMINIMAL or MODERATE HARMSERIOUS HARMIMMINENT DANGER and/or IMMEDIATE THREATRepeat/UncorrectedInitialRepeat/UncorrectedInitialRepeat/UncorrectedAny ViolationCivil fine of up to $10…

(1) When a service provider disagrees with the department's finding of a violation or certification action under this chapter, the service provider may request an informal dispute resolution meeting with the department.(2) The service provider must make a written request to the d…

(1) A service provider may request an administrative review of a certification action within twenty-eight days of receipt of the written notice of the department's certification action.(2) The service provider must make the request in writing and must:(a) Sign the request;(b) Ide…

(1) A service provider:(a) May contest a decision made by the department pursuant to chapter 71A.12 RCW and according to the provisions of chapters 34.05 RCW and 388-02 WAC;(b) Must file any request for a hearing with the office of administrative hearings at the mailing address s…

(1) The department may investigate allegations of abandonment, abuse, neglect, or financial exploitation of a client.(2) The department investigation may include an investigation of allegations about one or more of the following:(a) A service provider;(b) Anyone associated with a…

As used in WAC 388-101-4270 through 388-101-4340, the term "individual" means anyone used by the service provider to provide services to clients who is alleged to have abandoned, abused, neglected, or financially exploited a client. "Individual" includes but is not limited to adm…

(1) The department will serve notice of the preliminary finding as provided in WAC 388-101-4350. (2) The department may establish proof of service as provided in WAC 388-101-4360.[Statutory Authority: RCW 71A.12.080. WSR 10-03-065, § 388-101-4270, filed 1/15/10, effective 2/15/10…

Consistent with confidentiality requirements concerning the client, witnesses, and reporter, the department may provide notification of a preliminary finding to:(1) Other divisions within the department;(2) The agency or program identified under RCW 74.34.068 with which the indiv…

(1) An individual may request an administrative hearing to challenge a preliminary finding made by the department.(2) The request must be made in writing to the office of administrative hearings.(3) The office of administrative hearings must receive the individual's written reque…

(1) Confidential information about clients and mandated reporters received from the department may only be used by the individual to challenge findings through the appeal process. It may only be shared with persons who are involved in the appeal.(2) Confidential information such …

(1) Chapters 34.05 and 74.34 RCW, chapter 388-02 WAC, and the provisions of this chapter govern any appeal regarding a preliminary finding. In the event of a conflict between the provisions of this chapter and chapter 388-02 WAC, the provisions of this chapter shall prevail.(2) T…

(1) If the individual or the department disagrees with the administrative law judge's decision, either party may challenge this decision by filing a petition for review with the department's board of appeals under chapters 34.05 RCW and 388-02 WAC.(2) If the department appeals th…

(1) A preliminary finding becomes a final finding when:(a) The department gives the individual notice of the preliminary finding under WAC 388-101-4270 and the individual does not request an administrative hearing;(b) The administrative law judge:(i) Dismisses the appeal followin…

(1) The department will report a final finding of abandonment, abuse, neglect, or financial exploitation within ten working days to the following:(a) The individual against whom the final finding was made;(b) The service provider that was associated with the individual during the…

Service of the department notices is complete when:(1) Personal service is made;(2) The notice is addressed to the service provider or to 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 e…

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 service provider or to the individual to whom the notice is directed;(3) A signed receipt from the person who accepted the…

(1) The service provider may request a department residential services contract after approval for initial certification or for change of ownership.(2) The service provider must have a separate contract for each region where they receive referrals to serve clients.(3) The service…

(1) Service providers must meet the requirements of:(a) This chapter;(b) Each contract and statement of work entered into with the department;(c) Each client's individual support plan when the individual support plan identifies the service provider as responsible; and(d) Each cli…

(1) The provider must ensure each of its employees:(a) Has a high school diploma or GED equivalent, unless the employee was hired before September 1, 1991 or is exempt under subsection (2) of this section;(b) Is age 18 or older when employed as a direct support professional who p…

The service provider must:(1) Obtain liability insurance upon certification and maintain the insurance as required in WAC 388-101-3206 and 388-101-3207; and(2) Have evidence of liability insurance coverage available if requested by the department.[WSR 16-14-058, recodified as § 3…

The service provider must have commercial general liability insurance or business liability insurance that includes:(1) Coverage for the acts and omissions of any employee and volunteer;(2) Coverage for bodily injury, property damage, and contractual liability;(3) Coverage for pr…

If the service provider employs professional staff, the service provider must have professional liability insurance or errors and omissions insurance. The insurance must include:(1) Coverage for losses caused by errors and omissions of the service provider, its employees, and vol…

The service provider must prepare and maintain written documents as follows:(1) A mission statement;(2) A program description;(3) An organizational chart and description showing all supervisory relationships; (4) Description of staff roles and responsibilities, including the pers…

(1) The service provider must ensure that the administrator delivers services to clients consistent with this chapter, and the department's residential services contract. This includes but is not limited to:(a) Overseeing all aspects of staffing, such as recruitment, staff traini…

(1) The service provider must develop, implement, and train staff on policies and procedures to address what staff must do:(a) Related to client rights, including a client's right to file a complaint or suggestion without interference;(b) Related to soliciting client input and fe…

(1) A provider must follow background check requirements under this chapter and chapters 388-113 and 388-825 WAC.(2) Nothing in this chapter requires the employment of a person against the better judgment of the provider.[Statutory Authority: RCW 71A.12.020, 71A.12.030, 71A.12.04…

(1) An applicant as defined in WAC 388-113-0010 hired on or after January 1, 2016, who is 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 receiving t…

(1) Service providers must follow the background check requirements described in chapter 388-113 WAC and in this chapter. In the event of an inconsistency, this chapter applies.(2) The service provider must obtain background checks from the department for all administrators, empl…

Each provider applicant or employee who has lived in Washington state less than three years, or who is otherwise required to complete a national fingerprint-based background check, may be hired for a 120-day provisional period when:(1) The person is not disqualified based on the …

The service provider must ensure that individuals identified under WAC 388-101-3302 have met the training requirements under WAC 388-101-3260 through 388-101-3300.[WSR 16-14-058, recodified as § 388-101D-0085, filed 6/30/16, effective 8/1/16. Statutory Authority: RCW 71A.12.030 a…

Beginning January 1, 2016, all staff employed as long-term care workers as defined by RCW 74.39A.009 (17)(a) are required to meet all the training requirements in the following:(1) Chapter 388-112 WAC, if the service provider is also licensed as an adult family home or assisted l…

The service provider must:(1) Provide and document required training to staff;(2) Within the first six months, ensure that staff receives a minimum of thirty-two total hours of training that meets the training requirements of this chapter;(3) Provide staff training sooner if requ…

The service provider must train staff in the following before the employee works alone with clients:(1) Current individual instruction and support plans of each client with whom the employee works;(2) Emergency procedures for clients; (3) The reporting requirements for abuse and …