Washington Administrative Code

(1) The group training home's fixtures, furnishings, exterior, and interior, including the client's bedroom, must be safe, sanitary, and well maintained.(2) The group training home staff must provide housekeeping instruction and support to a client in accordance with the client's…

(1) Any body of water at the group training home over twenty-four inches deep must be enclosed by a fence at least forty-eight inches high.(2) Any door or gate that directly leads to the body of water must have an audible alarm.[Statutory Authority: RCW 71A.12.030, 71A.12.120, 71…

(1) The group training home must not use a space heater unless it has an underwriters laboratories (UL) rating.(2) Any hot surface, such as a fireplace or wood-burning or pellet stove, must have a stable barrier that prevents accidental client contact.[Statutory Authority: RCW 71…

(1) The group training home must install approved automatic smoke detectors:(a) In every client's bedroom;(b) On every floor of the home; and(c) In an interconnected manner so when one alarm is triggered, the whole system reacts.(2) The approved smoke detectors must:(a) Be in wor…

(1) The group training home must display an emergency evacuation plan in a common area on every floor of the home.(2) The emergency evacuation plan must include:(a) A floor plan of the home with clearly marked exits;(b) Emergency evacuation routes; and(c) The location for the cli…

(1) The group training home must keep an emergency food supply on-site to meet the needs of the clients and staff for at least seventy-two hours. The food supply must meet the dietary needs of each client.(2) The group training home must keep at least three gallons of water on-si…

(1) The group training home must:(a) Serve breakfast, lunch, and dinner each day;(b) Provide twenty-four hour access to snacks and beverages, including nutritious options and options preferred by the client;(c) Provide a special diet, if ordered by a healthcare professional, such…

(1) If a group training home employee prepares food for clients, the employee must:(a) Complete safe food handling training requirements under chapter 388-829 WAC;(b) Prepare food for clients in a safe and sanitary manner; and(c) Have a food worker card under chapter 246-217 WAC.…

A pet living in the group training home must:(1) Not compromise any client rights, preferences, or medical needs;(2) Be clean and healthy with proof of current vaccinations; and(3) Pose no significant health or safety risks to any client residing in the home.[Statutory Authority:…

(1) The group training home must implement occupational safety and health administration (OSHA) universal precautions to limit the spread of infections when:(a) Providing client care and services;(b) Cleaning the home;(c) Washing laundry; and(d) Managing infectious waste.(2) The …

To detect and manage tuberculosis, a group training home must:(1) Ensure each employee has a tuberculin test no more than three days after beginning to work with clients unless otherwise exempt under this chapter;(2) Implement policies and procedures that comply with tuberculosis…

(1) A group training home employee required to complete a tuberculin test must complete:(a) A tuberculin skin test with results read by a qualified medical professional between forty-eight and seventy-two hours after placing the test; or(b) Another FDA-approved tuberculin test.(2…

(1) A group training home employee is not required to complete a tuberculin test if the employee:(a) Has documentation of an FDA-approved tuberculin test with negative results from within the last twelve months;(b) Has documentation of a positive FDA-approved tuberculin test with…

A group training home employee must complete a one-step tuberculin test if the employee:(1) Has a documented history of a negative result from a previous two-step skin test; or(2) Is tested using an FDA-approved tuberculin test that does not require a two-step testing process.[St…

A group training home employee must complete a two-step tuberculosis skin test if the employee:(1) Has never had a tuberculosis skin test;(2) Cannot demonstrate proof of a previous negative two-step skin test; or(3) Completed a one-step skin test more than twelve months ago.[Stat…

If a group training home employee receives a positive result to tuberculosis skin or blood testing, the group training home must:(1) Ensure the employee completes a chest X-ray within seven days;(2) Evaluate the employee for signs and symptoms of tuberculosis immediately and annu…

A group training home employee with negative tuberculin test results may be required by a public health provider or licensing authority to complete follow-up testing:(1) After exposure to active tuberculosis;(2) When tuberculosis symptoms are present; or(3) Periodically as determ…

If a group training home client or employee has tuberculosis symptoms or receives a positive chest X-ray result, the group training home must:(1) Report the client or employee with tuberculosis symptoms or a positive chest X-ray to an appropriate medical provider or public health…

A group training home must:(1) Keep the records of tuberculin test results, reports of X-ray findings, and any medical provider or public health provider orders in the group training home;(2) Provide the records to a public health provider or licensing agency upon request;(3) Ret…

(1) In addition to the client rights under WAC 388-101D-0125 and 388-823-1095, a client living in a group training home has the right to:(a) A locking bedroom door, unless it is unsafe for the client and is documented in their person-centered service plan;(b) Share their bedroom …

If a client's group training home services are terminated and the client is evicted, before evicting the client the group training home must follow:(1) Notice requirements under WAC 388-101D-0200; and(2) Applicable legal processes, such as unlawful detainer under chapters 59.12 o…

A group training home provider contracted with DDA before January 1, 2019 is exempt from requirements under WAC 388-101D-0565, 388-101D-0575, 388-101D-0605, 388-101D-0615.[Statutory Authority: RCW 71A.12.030, 71A.12.120, 71A.12.040 and 71A.22.010. WSR 18-23-101, § 388-101D-0705, …

(1) The department of social and health services will establish an online registry as required by chapter 18.390 RCW.(2) To be eligible to be registered as a continuing care retirement community (CCRC) and listed on the department's CCRC online registry, an entity must:(a) Comple…

In addition to the definitions found in chapter 74.34 RCW, the following definitions apply to this chapter:(1) With respect to "abuse", the following definitions apply:(a) Intentional. A person's action or inaction is intentional when the person's objective or purpose is to infli…

(1) This section incorporates those definitions under 42 C.F.R. Sec. 488.301 into this chapter.(2) In addition to the definitions in WAC 388-103-0001 and RCW 74.34.020, the definitions in this section apply to this chapter when:(a) The alleged victim is a resident of a nursing fa…

The purpose of an adult protective services investigation is to:(1) Investigate allegations of abandonment, abuse, financial exploitation, misappropriation of resident property, neglect, or self-neglect.(2) Provide protective services to the alleged victim, with the consent of th…

The department will initiate a response to a report of suspected abandonment, abuse, financial exploitation, misappropriation of resident property, neglect, or self-neglect of a vulnerable adult when the alleged facts and circumstances reasonably fit the definition of abandonment…

(1) Subject to available funding, adult protective services (APS) may arrange for, and provide referrals to, state-only funded services for an alleged victim.(2) Services may include:(a) In-home personal care, household services, or both; and(b) Emergency referral options for a d…

(1) Adult protective services (APS) will notify the alleged perpetrator in writing on or before the tenth working day after making an initial substantiated finding.(2) APS may notify the alleged perpetrator after the tenth working day if time is needed to translate the notificati…

(1) Adult protective services (APS) will notify the alleged perpetrator of the initial substantiated finding using one of the following methods:(a) Personal service of the notice as described under RCW 4.28.080; or(b) Sending a copy of the notice by first-class mail and certified…

Notice is complete when:(1) Personal service is made; or(2) First-class mail and certified mail, return receipt requested, are both properly stamped, addressed, and deposited in the United States mail.[Statutory Authority: RCW 74.34.068, 74.34.165; 42 U.S.C. Sec. 1396r (g)(1)(D),…

Adult protective services may prove notice was provided to the alleged perpetrator by any of the following:(1) A sworn statement, certification, or declaration of personal service;(2) A sworn statement, certification, or declaration of mailing; or(3) The certified mail receipt co…

(1) Facilities.(a) If the incident occurred in a facility, adult protective services (APS) will inform the facility owner, manager, or administrator of the initial substantiated finding.(b) If abuse, neglect, or misappropriation of resident property occurred in a nursing home, AP…

An alleged perpetrator may request an administrative hearing to challenge an initial substantiated finding.[Statutory Authority: RCW 74.34.068, 74.34.165; 42 U.S.C. Sec. 1396r (g)(1)(D), 42 U.S.C. Sec. 1395i3 (g)(1)(D). WSR 21-11-108, § 388-103-0090, filed 5/19/21, effective 7/1/…

(1) To request an administrative hearing, the alleged perpetrator must send, deliver, or fax a written request to the office of administrative hearings (OAH).(a) OAH must receive the written request no later than the earlier of:(i) 5:00 p.m. on the thirtieth calendar day after th…

(1) Chapters 34.05 and 74.34 RCW, chapters 388-02 and 10-08 WAC, and this chapter govern an administrative hearing regarding an initial substantiated finding.(2) In the event of a conflict between this chapter and chapter 388-02 or 10-08 WAC, this chapter will prevail; and in the…

(1) This section applies to the administrative hearing when an initial substantiated finding of abuse, neglect, or misappropriation of resident property is made against an individual used by a nursing facility or skilled nursing facility to provide services to residents of that f…

(1) All information described under RCW 74.34.095(1) is confidential, and not subject to disclosure in the administrative hearing process, except as described under RCW 74.34.095(3) and this section.(2) If the administrative law judge (ALJ) determines that disclosure is essential…

(1) If the administrative law judge (ALJ) finds that the preponderance of the evidence supports the initial substantiated finding, the ALJ shall uphold the initial substantiated finding in an initial order.(2) If the ALJ finds that the initial substantiated finding is not support…

(1) If the alleged perpetrator or the department disagrees with the administrative law judge's (ALJ's) initial order, either party may request review of the initial order with the department's board of appeals as described under chapter 388-02 WAC.(2) If either party requests rev…

(1) An initial substantiated finding becomes a final substantiated finding when:(a) The department gives the alleged perpetrator notice of the initial substantiated finding as described under WAC 388-103-0050, and the alleged perpetrator does not request an administrative hearing…

When an initial substantiated finding becomes a final substantiated finding, identifying information about the perpetrator of the abandonment, abuse, financial exploitation, misappropriation of resident property, or neglect is placed on the vulnerable adult abuse registry that is…

(1) A final substantiated finding is permanent, except as described under subsection (2) of this section.(2) A final substantiated finding may be reversed, and the person's identifying information removed from the vulnerable adult abuse registry, if:(a) The department determines …

(1) Adult protective services (APS) may provide notice of the final substantiated finding to those persons and entities described under WAC 388-103-0080.(2) Where the perpetrator of a final substantiated finding is an individual used by a nursing home to provide services to resid…

Upon request of any person, the department shall disclose the identity of a person on the vulnerable adult abuse registry with a final substantiated finding of abandonment, abuse, financial exploitation, misappropriation of resident property, or neglect.[Statutory Authority: RCW …

(1) This section implements 42 U.S.C. Sec. 1396r (g)(1)(D) and Sec. 1395i-3 (g)(1)(D) regarding a singular occurrence of neglect in a nursing facility or skilled nursing facility.(2) A nursing assistant may petition the department to have their name removed from the vulnerable ad…

(1) To the extent funds are appropriated to pay a capital add-on rate to AL contractors, beginning July 1, 2006 and every July 1 thereafter, the department will pay a capital add-on rate to AL contractors that have a medicaid occupancy percentage that equals or exceeds sixty perc…

(1) An enhanced services facility (ESF) that contracts to provide services under chapter 70.97 RCW and an adult family home (AFH) or assisted living facilities contracted to provide adult residential care (ARC), enhanced adult residential care (EARC), or assisted living services …

(1) Supplementation of the medicaid daily payment rate is an additional payment requested from a medicaid recipient or a third-party payer by an adult family home (AFH) contractor or a licensed boarding home contractor with a contract to provide adult residential care (ARC), enha…

When the AFH, ARC, EARC, or AL contractor only has one type of unit or all private bedrooms, the contractor may not request supplementation from the medicaid applicant/resident or a third party, unless the unit or private bedroom has an amenity that some or all of the other units…