Washington Administrative Code

(1) If the management agreement delegates day-to-day management of resident funds to the manager, the licensee:(a) Retains all fiduciary and custodial responsibility for funds that have been deposited with the enhanced services facility by the resident;(b) Is directly accountable…

The following rules are adopted under RCW 74.39A.010, 74.39A.020, 74.39A.060, and 74.39A.070.[Statutory Authority: RCW 74.39A.010, 74.39A.020, 74.39A.060, 74.39A.070, and chapter 74.39A RCW. WSR 04-16-063, § 388-110-005, filed 7/30/04, effective 9/1/04. Statutory Authority: RCW 7…

(1) These rules apply only to assisted living facilities licensed under chapter 18.20 RCW, or assisted living facilities located within the boundaries of a federally recognized Indian reservation and licensed by a tribe, that contract with the department to provide assisted livin…

"Adult residential care" is a package of services provided by an assisted living facility that is licensed under chapter 18.20 RCW and that has a contract with the department under RCW 74.39A.020 to provide personal care services in accordance with Parts I and IV of this chapter.…

(1) In order to apply for a contract with the department to provide assisted living services, enhanced adult residential care, enhanced adult residential care-specialized dementia care services, or adult residential care, an applicant must:(a) Have a valid assisted living facilit…

(1) The department must consider separately and jointly as applicants each person and entity named in the application for a contract for assisted living services, enhanced adult residential care, enhanced adult residential care-specialized dementia care services, or adult residen…

(1) A change of contractor must occur when there is a change in the assisted living facility licensee per WAC 388-78A-2770.(2) When a change of licensee and contractor is contemplated, the current contractor must notify the department and all residents and residents' representati…

The contractor must:(1) Provide the services agreed upon in the resident's negotiated service agreement and approved by the department case manager consistent with WAC 388-78A-2150, including any reasonable accommodations required by chapter 70.129 RCW, Long-term care residents r…

The contractor must:(1) Maintain substantial compliance with all requirements of chapters 18.20 RCW, Assisted living facilities, and 70.129 RCW, Long-term care resident rights, and chapters 388-78A WAC, Assisted living facilities licensing rules, and 388-105 WAC medicaid rates fo…

The contractor is not required to discharge (move out) and readmit a resident for absences of less then twenty-one consecutive days. The contractor must:(1) Note an absence in a resident's record when a resident is absent from the assisted living facility for more than seventy-tw…

(1) Upon the death of a resident, the contractor must promptly convey the resident's personal funds held by the assisted living facility with a final accounting of such funds to the department or to the individual or probate jurisdiction administering the resident's estate no lat…

(1) Licensed assisted living facilities with an assisted living services contract are required to:(a) Meet the physical requirements that were in effect at the time of initial contracting; or(b) If there is a break in contract, meet the requirements in effect at the time of the n…

In an assisted living facility with an assisted living contract, the contractor must meet the requirements of parts I and II of this chapter, and for residents served under the assisted living contract:(1) Ensure that both the physical environment and the delivery of assisted liv…

(1) In assisted living facility with an enhanced adult residential care contract, the contractor must meet the requirements of parts I and III of this chapter, and for residents served under the enhanced adult residential care contract:(a) Develop for each resident a negotiated s…

Effective July 1, 2015, the contractor must ensure that, at the resident's choice, each resident has the ability to lock his/her unit door, unless otherwise indicated in the resident's NSA.[Statutory Authority: Chapter 74.39A RCW and 42 C.F.R. 441.302. WSR 16-06-006, § 388-110-22…

In an assisted living facility with an adult residential care contract, the contractor must meet the requirements of parts I and IV of this chapter, and for residents served under the adult residential care contract:(1) Develop for each resident a negotiated service agreement tha…

Effective July 1, 2015, the contractor must ensure that, at the resident's choice, each resident has the ability to lock his/her unit door, unless otherwise indicated in the resident's NSA.[Statutory Authority: Chapter 74.39A RCW and 42 C.F.R. 441.302. WSR 16-06-006, § 388-110-24…

(1) The department may take one or more of the actions listed in subsection (3)(a) of this section in any case in which the department finds that a contractor of assisted living services, enhanced adult residential care services, enhanced residential care-specialized dementia car…

(1) Chapter 34.05 RCW applies to department actions under this chapter and chapter 74.39A RCW, except that orders of the department imposing contract suspension, stop placement, or conditions for continuation of a contract are effective immediately upon notice and shall continue …

(1) When a contractor disagrees with the department's finding of a violation under this chapter, the contractor shall have the right to have the violation reviewed under the department's dispute resolution process. Requests for review must be made to the department within ten day…

"Abandonment" means action or inaction by an individual or entity with a duty of care for a vulnerable adult that leaves the vulnerable individual without the means or ability to obtain necessary food, clothing, shelter, or health care."Abuse" means the willful action or inaction…

Mandated reporters, including the facility and staff: (1) Must comply with reporting requirements under chapter 74.34 RCW and this chapter; (2) Must immediately make mandated reports to the department's centralized toll free complaint telephone number or fax number when:(a) There…

Mandated reporters, including the facility 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 (nonclien…

(1) The facility must develop, train staff on, and implement written policies and procedures for:(a) Immediately reporting mandated reporting incidents to:(i) The department and law enforcement;(ii) The facility; and (iii) The alleged victim's legal representative.(b) Protecting …

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

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

WAC 388-112A-0010The following definitions apply to this chapter:(1) "Activities of daily living" means self-care abilities related to personal care such as bathing, eating, using the toilet, dressing, medication assistance, and transfer. Instrumental activities of daily living m…

The purposes of this chapter are to describe the following:(1) Training and certification requirements that apply to adult family homes and assisted living facilities on or before January 6, 2012;(2) Training and certification requirements that apply to adult family homes and ass…

The training requirements in this chapter apply to:(1) Adult family home providers, applicants, resident managers, entity representatives, long-term care workers, and volunteers;(2) Assisted living facility administrators or administrator designees, long-term care workers, and vo…

(1) The seventy-hour long-term care worker basic training requirements in this chapter for long-term care workers in adult family homes and assisted living facilities and their administrators or administrator designees went into effect January 7, 2012.(2) The long-term care worke…

WAC 388-112A-0050(1) The following chart provides a summary of the training and certification requirements for a volunteer, a long-term care worker and an adult family home provider in an adult family home:WhoStatusFacility OrientationSafety/orientation trainingSeventy-hour long-…

WAC 388-112A-0060(1) The following chart provides a summary of the training and certification requirements for a volunteer, an administrator or designee, and a long-term care worker in an assisted living facility:WhoStatusFacility orientationSafety/orientation trainingSeventy-hou…

WAC 388-112A-0070(1) The following chart provides a summary of the training and certification requirements for an applicant, an administrator or designee, a volunteer, and a long-term care worker in an enhanced services facility:WhoStatusFacility orientationSafety/orientation tra…

The following individuals must complete the seventy-hour long-term care worker basic training unless exempt as described in WAC 388-112A-0090:Adult family homes.(1) Adult family home applicants must complete the seventy-hour long-term care worker basic training and become certifi…

WAC 388-112A-0090The following long-term care workers are exempt from the 70-hour long-term care worker basic training requirement:(1) An individual employed as a long-term care worker on January 6, 2012, who complied with the basic training requirements in effect on the date of …

(1) If a provider knowingly employs an individual who has not satisfied the seventy-hour long-term care worker basic training or certification requirements under this chapter, the department must take one or more of the following enforcement actions under:(a) RCW 18.20.190(2), fo…

The department is authorized under RCW 74.39A.086 to take enforcement action for noncompliance related to training and certification requirements.[Statutory Authority: RCW 74.39A.009, 74.39A.070, 74.39A.074, 74.39A.351, 74.39A.341, 18.20.270, 18.88B.021, 18.88B.035, 70.128.230, 7…

WAC 388-112A-0105(1) All long-term care workers must obtain home care aide certification per chapter 246-980 WAC.(2) The following individuals must obtain home care aide certification as follows:(a) Adult family home applicants, before licensure;(b) Adult family home entity repre…

WAC 388-112A-0110(1) If an individual previously worked as a long-term care worker, but did not complete the training or certification requirements under RCW 18.88B.041, 74.39A.074, 74.39A.076, and this chapter, an adult family home, enhanced services facility, or assisted living…

(1) The department determines a long-term care worker's date of hire according to the first day the long-term care worker is employed by any employer.(2) The date of hire is specific to each long-term care worker. A long-term care worker, including an individual who has worked as…

(1) Orientation, safety, basic training including core basic, population specific and the 75-hour certificate, continuing education, nurse delegation core and specialized diabetes training, specialty and expanded specialty training, adult education training, and adult family home…

(1) Successful completion of the 70-hour home care aide basic training, the two hours of orientation, and the three hours of safety training (referred to collectively as the 75-hours of training) must be documented on a DSHS 75-hour training certificate by an approved training en…

Before hiring a long-term care worker, the home must review and verify the following training and certification information. The home must verify the highest level of training or certification achieved by the individual.(1) When the individual is a home care aide certified under …

There are two types of orientation training: Facility orientation training and long-term care worker orientation training.(1) Facility orientation. Individuals who are exempt from certification as described in RCW 18.88B.041 and volunteers are required to complete facility orient…

(1) For those individuals identified in WAC 388-112A-0200(1) who must complete facility orientation training:(a) Orientation training may include the use of videos, audio recordings, and other media if the person overseeing the orientation is available to answer questions or conc…

(1) Safety training is part of the long-term care worker requirements. It is a three hour training that must meet the requirements as described in WAC 388-112A-0230, and include basic safety precautions, emergency procedures, and infection control. Safety training must be complet…

(1) Safety training must consist of introductory information in the following areas:(a) Safety planning and accident prevention, including but not limited to:(i) Proper body mechanics;(ii) Fall prevention;(iii) Fire safety;(iv) In-home hazards;(v) Long-term care worker safety; an…