Washington Administrative Code

The enhanced services facility must:(1) Obtain liability insurance upon licensure and maintain the insurance as required in WAC 388-107-1120 and 388-107-1130; and(2) Have evidence of liability insurance coverage available if requested by the department.[Statutory Authority: Chapt…

The enhanced services facility 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) Cover…

The enhanced services facility must have professional liability insurance or error and omissions insurance if the enhanced services facility licensee has a professional license, or employs professionally licensed staff. The insurance must include:(1) Coverage for losses caused by…

The department must consider separately and jointly as applicants each person named in the application for an enhanced services facility license.(1) If the department finds any person unqualified as specified in WAC 388-107-1290, the department must deny, terminate, or not renew …

(1) To apply for an enhanced services facility license, a person must:(a) Submit to the department a complete license application on forms designated by the department at least sixty days prior to the proposed effective date of the license;(b) Submit all relevant attachments spec…

In making a determination whether to issue an enhanced services facility license, in addition to the information for each person named in the application, the department may review other documents and information the department deems relevant, including inspection and complaint i…

(1) The applicant must allow department staff to inspect the entire premises including all of the facility's rooms, buildings, grounds, and equipment and all pertinent records during the initial licensing of the facility.(2) During inspections and complaint investigations, the en…

The licensee must appoint an administrator who:(1) Is at least twenty-one years old;(2) Has a bachelor's degree in social sciences, social services, human services, behavioral sciences, or an allied medical field;(3) Meets the training requirements under chapter 388-112A WAC and …

The licensee must ensure the administrator:(1) Directs and supervises the overall twenty-four hour per day operation of the enhanced services facility;(2) Ensures residents receive the care and services identified in their person-centered service plans and assessments;(3) Is read…

The licensee must notify the department in writing within ten calendar days of the effective date of a change in the enhanced services facility administrator. The notice must include the full name and qualifications of the new administrator and the effective date of the change.[S…

(1) Background checks conducted by the department and required in this chapter include:(a) Washington state name and date of birth background checks; and(b) After January 7, 2012, a national fingerprint background check in accordance with RCW 74.39A.056.(2) Nothing in this chapte…

(1) Applicants for an enhanced services facility license must have the following background checks before licensure:(a) A Washington state name and date of birth background check; and(b) A national fingerprint background check.(2) The enhanced services facility must ensure that t…

Before the enhanced services facility employs, directly or by contract, an administrator, staff person or caregiver, or accepts any volunteer, or student, the home must:(1) Require the person to complete a DSHS background authorization form; and(2) Submit to the department's back…

Unless the individual is eligible for an exception under WAC 388-113-0040, if the results of the Washington state name and date of birth background check indicate the person has a disqualifying criminal conviction or a pending charge for a disqualifying crime under chapter 388-11…

(1) Administrators and all caregivers 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 receiving the resu…

(1) After receiving the results of the Washington state name and date of birth background check, the enhanced services facility must:(a) Inform the person of the results of the background check;(b) Inform the person that they may request a copy of the results of the background ch…

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

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 checks may not be shared. For the purposes of the section health care fac…

The enhanced services facility may conditionally hire an administrator, caregiver, or staff person directly or by contract, pending the result of the Washington state name and date of birth background check, provided that the enhanced services facility:(1) Submits the background …

The enhanced services facility may provisionally employ a caregiver and an administrator hired after January 7, 2012, for one hundred twenty-days and allow the caregiver or administrator to have unsupervised access to residents when:(1) The caregiver or administrator is not disqu…

(1) The enhanced services facility must require each administrator, caregiver, staff person, volunteer and student, prior to starting his or her duties, to make disclosures of any crimes or findings consistent with RCW 43.43.834(2). The disclosures must be in writing and signed b…

(1) The enhanced services facility must not employ an administrator, caregiver, or staff person, to have unsupervised access to residents, as defined in RCW 43.43.830, the individual has a disqualifying criminal conviction or pending charge for a disqualifying crime under chapter…

(1) If the background check results show that an employee or prospective employee has a criminal conviction or pending charge for a crime that is not a disqualifying crime under chapter 388-113 WAC, then the enhanced services facility must determine whether the person has the cha…

The enhanced services facility must ensure that all disclosure statements, background authorization forms, background check results and related information are:(1) Maintained on-site in a confidential and secure manner;(2) Used for employment purposes only;(3) Not disclosed to an…

To renew an enhanced services facility license, the enhanced services facility must, when renewal of license notification is received, submit the annual license fee, at least thirty days prior to the license expiration date.[Statutory Authority: Chapter 70.97 RCW. WSR 14-19-071, …

To change the licensed bed capacity in an enhanced services facility, the enhanced services facility must:(1) Be sixteen beds or less;(2) Have met the applicable building requirements;(3) Submit a completed request for approval to the department at least one week before the inten…

The licensee of an enhanced services facility must change whenever the following events occur:(1) The licensee's form of legal organization is changed (e.g., a sole proprietor forms a partnership or corporation);(2) The licensee transfers ownership of the enhanced services facili…

The licensee is not required to change when only the following, without more, occur:(1) The licensee contracts with a party to manage the enhanced services facility enterprise for the licensee pursuant to an agreement as specified in WAC 388-107-1630; or(2) The real property or p…

(1) The prospective licensee must complete, sign and submit to the department a change of ownership application prior to the proposed date of change in licensee.(2) The annual enhanced services facility license fee, if a license fee is due, must accompany the change in ownership …

The prospective licensee must submit a revised application to the department if:(1) Any information included on the original application is no longer accurate; or(2) Requested by the department.[Statutory Authority: Chapter 70.97 RCW. WSR 14-19-071, § 388-107-1370, filed 9/12/14,…

(1) In order to change the licensee of an enhanced services facility, the current licensee must notify the following in writing of the proposed change in licensee:(a) The department; and(b) All residents, or resident representatives (if any).(2) The licensee must include the foll…

(1) On the effective date of the change in licensee, the current enhanced services facility licensee is required to relinquish its enhanced services facility license.(2) To relinquish a license, the licensee must mail to the department the enhanced services facility license along…

The current enhanced services facility licensee must provide written notice to the department and residents, or resident representatives (if any), ninety calendar days prior to the date of the change of licensee, if the proposed change of enhanced services facility licensee is an…

The current enhanced services facility licensee must provide written notice to the department and residents, or resident representatives (if any), at least sixty calendar days prior to the date of the change of licensee, if the proposed change of enhanced services facility licens…

(1) The department must make at least one inspection of each facility prior to licensure and an unannounced full inspection of facilities at least once every eighteen months. The statewide average interval between full facility inspections must be fifteen months.(2) Any duly auth…

(1) In response to the COVID-19 pandemic, the governor suspended the requirement for the department to conduct full licensing inspections of enhanced services facilities required by RCW 70.97.160(1).(2) During the suspension of the full licensing inspection requirements, the depa…

(1) The department must deny, suspend, revoke, or refuse to renew an enhanced services facility license if any person described in subsection (2) of this section is found by the department to have:(i) A court has issued a permanent restraining order or order of protection, either…

(1) In any case in which the department finds that a licensee of a facility, or any partner, officer, director, owner of five percent or more of the assets of the facility, managing employee, any person who may have unsupervised access to residents, or failed or refused to comply…

(1) The department is authorized to impose enforcement remedies described in WAC 388-107-1440 if any person described in subsection (2) of this section is found by the department to have:(a) A history of significant noncompliance with federal or state laws or regulations in provi…

(1) All orders of the department denying, suspending, or revoking the license or assessing a monetary penalty must become final twenty days after the same has been served upon the applicant or licensee unless a hearing is requested.(2) All orders of the department imposing stop p…

Service of the department notices is complete when:(1) Personal service is made;(2) The notice is addressed to the individual or facility 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 enhanced services facility or to the individual to whom notice is directed;(3) A signed receipt from the person who accept…

(1) The enhanced services facility must develop and implement written policies and procedures for all treatment, care and services provided in the facility.(2) The enhanced services facility must train staff persons on implementation of all the policies and procedures.(3) The fac…

(1) The enhanced services facility must have a plan in place to address emergency responses to behavioral crisis in order to protect the residents, staff and community.(2) The enhanced services facility must develop a policy of emergency response notification, including after-hou…

(1) The enhanced services facility must develop and implement detailed written plans and procedures to meet potential emergencies and disasters. At a minimum, the enhanced services facility must ensure these plans provide for:(a) Fire or smoke;(b) Severe weather;(c) Loss of power…

(1) Each resident must have a reasonable opportunity to have regular contact with animals, if desired.(2) The enhanced services facility must:(a) Consider the recommendations of enhanced services facility residents and staff;(b) Determine how to provide resident's access to anima…

(1) If the proposed or current licensee uses a manager, the licensee must have a written management agreement approved by the department that is consistent with this chapter.(2) The proposed or current licensee must notify the department of its use of a manager upon:(a) Initial a…