Washington Administrative Code

(1) Containers of chemical cleaning agents and other toxic materials must:(a) Be clearly labeled with the contents; and(b) Include the manufacturer's instructions and precautions for use.(2) You must store the following items in a place that is not accessible to children:(a) Chem…

(1) If a resident has a firearm or other dangerous weapon, you must secure it in a locked storage container, gun safe, or another storage area made of strong, unbreakable material. Stored firearms must be unloaded.(2) If a storage container for firearms has a glass or another bre…

The department will evaluate its contractors as follows:(1) To measure compliance with our requirements we will conduct a biennial evaluation of each contractor;(2) Emergency shelters will be inspected during on-site evaluations of contractors to measure compliance with our facil…

(1) If we find that the contractor is out of compliance with the standards specified in this chapter or the terms of the contract, we will give you written notice of the deficiencies. You must correct the deficiencies according to a plan of correction we approve.(2) We may suspen…

(1) If we receive information, or have reason to believe, that a contractor may be out of compliance with this chapter or the contract, we may initiate an investigation.(2) If the investigation requires that we be on-site at your emergency shelter, you must give clients residing …

Under certain conditions we may waive some of the rules contained in this chapter.(1) To request a waiver you must submit a written request that:(a) Clearly describes the minimum standards(s) for which the waiver is requested;(b) Describes the reason(s) why your program is unable…

"Agency provider" means a long-term care worker (LTC) who works for a home care agency."Area agencies on aging (AAA)" means a contracted entity that aging and long-term support administration (ALTSA) grants funds to in order to carry out the functions of the Older Americans Act, …

In order to be qualified as a long-term care worker, an applicant must:(1) Not have a disqualifying crime or negative action under chapter 388-113 WAC based on a completed background check;(2) Not be disqualified based on a character, competence, and suitability determination;(3)…

(1) Agency providers are required to complete and pass a name and date of birth background check prior to working with a client.(2) Agency provider workers are required to complete and pass a name and date of birth background check:(a) Every two years; and(b) Any time the home ca…

(1) The agency provider must:(a) Complete the background check authorization form;(b) Answer all questions on the background check authorization form truthfully;(c) Obtain a fingerprint-based background check result;(d) Not have any automatically disqualifying conviction(s), pend…

In providing care to a client, a home care agency must:(1) Ensure that the assigned home care agency long-term care worker(s) understands the client's plan of care that is signed by the client or legal representative, and which may be translated or interpreted, as necessary for t…

A home care agency must not bill the department for in-home medicaid-funded personal care or respite services when the agency employee providing care is a family member of the client served, unless approved to do so by the department or exempt as provided in RCW 74.39A.326.[Statu…

A LTC worker, hired on or after January 7, 2012, must meet the training requirements described in WAC 388-71-0836 through 388-71-1001. These training requirements also apply to LTC workers who were hired before January 7, 2012, if they did not complete the training requirements i…

DSHS will deny payment to the home care agency for services provided to a department client by an agency provider that it employs who:(1) Does not meet the qualifications in WAC 388-71-0510; or(2) Is a family member of the client served, except as provided by RCW 74.39A.326 or 50…

(1) Unless payment is otherwise required by state or federal law, it is an overpayment as defined in RCW 43.20B.010 and 41.05A.170 if an individual provider (IP) is paid by the department and:(a) Did not actually perform the work;(b) Payment is for dates of service after the deat…

(1) A medicaid contracted home care agency has the right to an administrative hearing when the department or a department designee terminates its contract or takes other enforcement action related to its contract because the home care agency:(a) Knowingly employs a long-term care…

The following definitions apply to WAC 388-71-0702 through 388-71-0776:(1) "Abuse" means the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment of a vulnerable adult.(a) In instances of abuse of a vulnerable adult who is unable …

(1) WAC 388-71-0702 through 388-71-0776 contains the eligibility requirements for community options program entry system (COPES) waiver, roads to community living (RCL), residential support waiver (RSW), or other agency approved funding for adult day care and adult day health ser…

Adult day care is a supervised nonresidential program providing services as defined in WAC 388-106-0800. Services are appropriate for adults with medical or disabling conditions that do not require the intervention or services of a registered nurse or licensed rehabilitative ther…

Adult day health is a supervised nonresidential program providing skilled nursing and/or rehabilitative therapy services in addition to all services provided in an adult day care center. Adult day health services are only appropriate for adults with medical or disabling condition…

Clients are eligible for adult day care services if they meet criteria outlined in WAC 388-106-0805.[Statutory Authority: RCW 74.08.090, 74.09.520. WSR 15-01-174, § 388-71-0708, filed 12/23/14, effective 1/23/15; WSR 05-11-082, § 388-71-0708, filed 5/17/05, effective 6/17/05. Sta…

Clients are eligible for adult day health services if they meet the criteria outlined in WAC 388-106-0815 which references WAC 388-106-0300, 388-106-0305, 388-106-0336(9), and 388-106-0337.[Statutory Authority: RCW 74.08.090. WSR 18-18-006, § 388-71-0710, filed 8/23/18, effective…

(1) Skilled nursing services are medically necessary services provided directly or indirectly by a registered nurse under an authorizing practitioner's supervision, or by a licensed practical nurse under physician or registered nurse supervision, that a licensed nurse acting with…

(1) Skilled rehabilitative therapy services are medically necessary services provided by or under the supervision of a licensed physical, occupational, or speech-language pathology or audiology therapist that the therapist acting within the scope of practice can provide or superv…

(1) The department or an authorized case manager must perform a comprehensive assessment reporting evaluation (CARE) to determine a client's need for adult day care, per WAC 388-106-0065. Based on the assessment, the case manager determines whether the client should be referred f…

(1) Upon the department's or authorized case manager's referral of a COPES,RSW, RCL, or other agency approved client to an ADC center, the ADC center must respond in writing to the department or authorized case manager within two working days, acknowledging receipt of the referra…

(1) The department or an authorized case manager must perform a CARE assessment to determine a client's need for adult day health, per WAC 388-106-0065. Based on the assessment, the case manager determines whether the client should be referred for day health services or whether t…

(1) Upon the department's or authorized case manager's referral of a COPES,RSW, RCL, or other agency approved client to an ADH center, the ADH center must respond in writing to the department or authorized case manager within two working days, acknowledging receipt of the referra…

(1) Medical devices. When the adult day center staff use a medical device, it must not be used as a physical restraint for discipline or staff convenience.(2) Physical restraints. When the adult day center staff provide services for a client, which may include but are not limited…

(1) The department, or an area agency on aging (or other department designee) as authorized by the department, must determine that the adult day care or day health center meets the applicable adult day care or day health requirements and any additional requirements for contractin…

(1) A COPES, RSW, or RCL eligible client may receive adult day care services on some days and adult day health services on different days if the service plan documents which level of service are to be provided on which days. However, ADC services must be provided on all days that…

(1) Except as provided under this section, the adult day services rules under this chapter do not apply to adult day care or day health services funded under chapters 74.38 and 74.41 RCW.(2) An area agency on aging that elects to provide adult day services using Senior Citizens S…

(1) If the department or area agency on aging denies, terminates, or reduces a COPES, RSW, or RCL individual client's adult day care or day health services, the client has the right to an administrative hearing as provided under chapter 388-02 WAC. If a client funded with Senior …

(1) In order to provide adult day services within the limits of available funding, the department may limit services when program expenditures exceed the budget appropriation or when limiting services is required to prevent expenditures from exceeding the appropriation.(2) When a…

(1) Adult day centers must have written documentation of the organizational structure and administration of the program.(2) Organizational and administrative documentation must include but are not limited to:(a) Core values and mission statement of the organization;(b) Ethical st…

(1) All policies and procedures must include date of initial development and/or revision along with date of being reviewed and approved on a regular basis, at least annually, by the advisory committee, and conform to the requirements outlined in WAC 388-71-0702 through 388-71-077…

(1) Adult day centers must demonstrate fiscal responsibility. Fiscal policies, procedures, reports, statements and records must be developed in accordance with generally accepted accounting principles (GAAP) and enable the administrator to meet the fiscal reporting needs of the g…

(1) The adult day center must follow their policies and procedures to ensure that the client's record/chart is appropriately organized and that confidentiality of information is maintained.(2) Client information forms must be standardized, with each page showing the client's name…

(1) If the client's record is hand-written it must be legibly written in ink, dated, and signed by the recording person with his/her title. Identification of the author may be a signature, initials, or other unique identifier within the requirements of applicable licensing standa…

(1) The adult day center must maintain a secure client record system to ensure confidentiality for all records, whether paper or electronic, in accordance with state and federal laws, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA).(2)…

(1) Personnel policies and procedures must be in place to ensure that staff is trained and knowledgeable to provide quality services in a safe environment. Policies must include at least the following:(a) The center must have policies concerning the recruitment, orientation, trai…

(1) Staff selection is dependent on participant needs, program design, and contracting requirements. The center must have the proper balance of professionals and paraprofessionals or nonprofessionals to adequately meet the needs of participants. Services must be delivered by thos…

(1) Direct care staff in adult day centers will vary based upon the number of participants and their care and service requirements. The centers must provide sufficient numbers of qualified staff to meet the participants' needs, but at a minimum must have one staff to six clients …

(1) The minimum staffing requirements for adult day care centers include an administrator/program director, activity coordinator, a consulting registered nurse, and a consulting social worker.(2) The administrator/program director must have a master's degree and one year of super…

(1) The minimum staffing requirements for adult day health centers include an administrator, program director, registered nurse, activity coordinator, a PT/OT or speech therapist, and a social worker. The administrator and program director may be the same person.(2) The program a…

(1) Each employee must have an individual file containing the employee's application, verification of references, TB status, signed job description, and all performance evaluations. Copies of current license, certificate, or registration and verification of current good standing,…

(1) Provision must be made for orientation of new employees, contractors, and volunteers.(2) Every year, all staff, contractors, and volunteers, functioning as staff, must receive, at a minimum, quarterly in-service training and staff development that meets their individual train…