Washington Administrative Code

(1) In order to prevent disruption to residents, currently licensed providers may request in writing that the department give priority processing to an applicant seeking to be licensed as the new provider of an existing, licensed adult family home in the event of a change of owne…

(1) A change of the adult family home location or address requires both a new license application and a new license.(2) The home must not start operations of the home at a new location until the department has granted the license for the new location.(3) The home must notify each…

In making a determination of whether to grant an adult family home license, the department must consider:(1) Separately and jointly each person and entity named in an application, including each person or entity affiliated with the applicant;(2) Information in the application;(3)…

The adult family home license will not be granted if:(1) The applicant has not successfully completed a department-approved adult family home administration and business planning class except as provided in WAC 388-76-10064;(2) It has been less than twenty years since the applica…

The adult family home license may be denied if the applicant or the applicant's spouse, domestic partner, or any partner, officer, director, managerial employee or majority owner of the applying entity:(1) Has any conviction or pending criminal charge for crime that is not automa…

(1) The adult family home must ensure that any person employed or used by the adult family home, directly or by contract, is qualified and meets all of the applicable requirements of this chapter and chapter 388-112A WAC. This may include, but is not limited to:(a) The provider;(…

The adult family home must ensure that the provider, entity representative on behalf of an entity provider, and resident manager have the following minimum qualifications:(1) Be twenty-one years of age or older;(2) Have a United States high school diploma or high school equivalen…

The adult family home must ensure each caregiver has the following minimum qualifications:(1) Be eighteen years of age or older;(2) Has a clear understanding of the caregiver job responsibilities and knowledge of each resident's negotiated care plan to provide care specific to th…

The adult family home must ensure that students and volunteers meet the following minimum qualifications:(1) Be eighteen years old or older;(2) Meet the department's training requirements of chapter 388-112A WAC;(3) Have no criminal convictions listed in RCW 43.43.830 and 43.43.8…

The adult family home must ensure that a licensed nurse who is a provider, entity representative, or resident manager:(1) Meets the relevant qualifications for their role listed in WAC 388-76-10130; and(2) Has a current valid cardiopulmonary resuscitation (CPR) card or certificat…

(1) The adult family home must ensure staff persons hired before January 7, 2012 meet training requirements in effect on the date hired, including requirements in chapter 388-112A WAC.(2) The adult family home must ensure all adult family home caregivers, entity representatives, …

(1) The adult family home must ensure that an assessor, except for an authorized department case manager, performing an assessment for any resident meets the following qualifications:(a) A master's degree in social services, human services, behavioral sciences or an allied field …

(1) Background checks conducted by the department and required in this chapter include but are not limited to:(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)…

(1) An adult family home applicant and anyone affiliated with an applicant must have the following background checks before licensure:(a) A Washington state name and date of birth background check; and(b) If applying after January 7, 2012, a national fingerprint background check.…

Before the adult family home employs, directly or by contract, a resident manager, entity representative, caregiver, or noncaregiving staff, or accepts as a caregiver any volunteer or student, or allows a household member over the age of eleven unsupervised access to residents, t…

If the results of the Washington state name and date of birth background check indicate an individual has a disqualifying criminal conviction or a pending charge for a disqualifying crime under chapter 388-113 WAC, or a disqualifying negative action listed in WAC 388-76-10180 the…

(1) Individuals specified in WAC 388-76-10161(2) 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 receivin…

(1) After receiving the results of the Washington state name and date of birth background check, the adult family home must:(a) Inform the person of the results of the background checks;(b) Inform the person that they may request a copy of the results of the background check. If …

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

(1) The adult family home must not allow individuals specified in WAC 388-76-10161(3) to have unsupervised access to residents until the home receives results of the Washington state name and date of birth background check from the department.(2) If the background check results s…

The adult family home must establish and implement procedures that ensure all background authorization forms, background check results, related information, and all copies are:(1) Kept in a confidential and secure manner;(2) Used for employment purposes only;(3) Not disclosed to …

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-based background check may not be shared. For the purposes of this sectio…

An adult family home may conditionally employ a person directly or by contract, pending the result of a Washington state name and date of birth background check, provided the home:(1) Submits the Washington state name and date of birth background check no later than one working d…

The adult family home may provisionally employ individuals hired after January 7, 2012 and listed in WAC 388-76-10161(2) for one hundred twenty-days and allow those individuals to have unsupervised access to residents when:(1) The individual is not disqualified based on the resul…

(1) The adult family home must not employ, directly or by contract, a caregiver, entity representative, or resident manager if:(a) The caregiver, entity representative or resident manager will have unsupervised access to vulnerable adults, as defined in RCW 43.43.830; and either:…

(1) If any background check results show that an employee or prospective employee has a criminal conviction or pending charge for a crime that is not disqualifying under chapter 388-113 WAC, then the adult family home must:(a) Determine whether the person has the character, compe…

The adult family home must:(1) Obtain and maintain both:(a) Commercial general liability insurance or business liability insurance covering the adult family home; and(b) Professional liability insurance or errors and omissions insurance covering the adult family home.(2) Obtain t…

(1) The liability insurance coverage required under WAC 388-76-10191 must include:(a) Losses or allegations or both caused by errors and omissions of the adult family home or its employees or volunteers;(b) Coverage for bodily injury, property damage, and contractual liability; a…

The adult family home must ensure:(1) When one or more residents are in the home, enough staff are available in the home to meet the needs of each resident, except as provided in WAC 388-76-10200;(2) Staff are readily available to meet resident needs if the home takes the residen…

The adult family home must keep documents related to staff in a place readily accessible to authorized department staff. These documents must be available during the staff's employment, and for at least two years following employment. The documents must include but are not limite…

In addition to other licensing requirements for staff availability, the adult family home must:(1) Ensure at least one qualified caregiver is present in the home whenever one or more residents are present in the home, except as provided in subsection (2). For purpose of this subs…

(1) The adult family home must have a written plan addressing how they will continue to meet the requirements of this chapter and provide care and services to residents in the event that the provider or entity representative is unable to fulfill their duties in the home and make …

When the adult family home accepts medicaid or state funded residents, the home must follow the terms and conditions of the department contract and chapter 388-105 WAC.[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. WSR 07-21-080, § 388-76-10205, filed 10/…

When an adult family home chooses to voluntarily close, the home must:(1) Notify the following in writing of the closure at least thirty days before the home closes:(a) The department;(b) Each resident; and(c) Each resident's representative.(2) Develop, organize, and carry out a …

(1) The adult family home must meet the requirements of RCW 70.129.040 to protect any funds the resident may have deposited with the adult family home.(2) If a deceased resident had some of his or her adult family home care paid for by the department, then the home must:(a) Send …

The adult family home must keep a log of:(1) Alleged or suspected instances of abandonment, neglect, abuse or financial exploitation;(2) Accidents or incidents affecting a resident's welfare; and(3) Any injury to a resident.[Statutory Authority: RCW 70.128.040 and chapters 70.128…

(1) The adult family home must create, maintain, and regularly update a resident roster. The roster must include:(a) The list of current resident names; and(b) Room identifier assigned to each resident.(2) The adult family home will provide a written copy immediately upon an in-p…

(1) The adult family home must ensure all staff:(a) Report suspected abuse, neglect, exploitation, or abandonment of a resident:(i) As required by chapter 74.34 RCW;(ii) To the department by calling the complaint toll-free hotline number or completing an online report; and(iii) T…

The adult family home must ensure any animal visiting or living on the premises:(1) Does not compromise any resident rights, preferences or medical needs;(2) Has a suitable temperament, is clean and healthy, and otherwise poses no significant health or safety risks to any residen…

(1) The adult family home must:(a) Create and regularly maintain a current resident roster containing the name and room number of each resident; and(b) Provide a written copy of the resident roster upon an in-person request from any long-term care ombuds at the time of the visit …

(1) Effective February 1, 2009, the adult family home must ensure that no provider, entity representative, resident manager, or staff becomes any resident's guardian.(2) Provider, entity representative, resident manager or staff who is a resident's guardian before February 1, 200…

The adult family home must not allow a provider, entity representative, owner, administrator, or employees of the home to act as a resident's attorney in fact, according to chapter 11.94 RCW, unless the provider, entity representative, owner, administrator, or employee is the res…

The adult family home must provide care and services consistent with the federal patient self-determination act and other statutes related to a resident legal representative and health care decision making, including but not limited to:(1) Chapter 7.70 RCW;(2) Chapter 70.122 RCW;…

(1) The adult family home must develop and implement policies and procedures which require immediate contact of the local emergency medical services when a resident has a medical emergency. This requirement applies:(a) Unless the caregiver, present at the time of the emergency, i…

The adult family home must develop and implement an infection control system that:(1) Uses nationally recognized infection control standards;(2) Emphasizes frequent hand washing and other means of limiting the spread of infection;(3) Follows the requirements of chapter 49.17 RCW,…

If the adult family home suspects anyone working or living in the home has or may have a communicable disease, the home must implement nationally recognized infection control measures.[Statutory Authority: RCW 70.128.040 and chapters 70.128 and 74.34 RCW. WSR 07-21-080, § 388-76-…

(1) The adult family home must develop and implement a system to ensure the following persons have tuberculosis testing within three days of employment:(a) Provider;(b) Entity representative;(c) Resident manager;(d) Caregiver;(e) Staff; and(f) Any student or volunteer providing a…