Washington Administrative Code

(1) When an adult family home disagrees with the department's finding of a violation under this chapter, the adult family home has the right to have the violation reviewed by the department under the department's dispute resolution process. (2) The purpose of the review is to giv…

(1) Chapter 34.05 RCW applies to department actions under this chapter and chapter 70.128 RCW, except that orders of the department imposing license suspension, stop placement, or conditions on license are effective immediately upon notice and must continue pending a final admini…

(1) As used in WAC 388-76-11050 through 388-76-11070, the term "manager" means the individual or entity providing management services under a management agreement. It does not mean a resident manager.(2) The requirements contained in WAC 388-76-11050 through 388-76-11070 apply to…

(1) The adult family home is responsible for:(a) The daily operations and provision of care and services to residents;(b) Compliance with all applicable laws and rules; (c) Ensuring the manager complies with the management agreement; and(d) Ensuring the manager does not represent…

Management agreements, at a minimum must:(1) Describe the responsibilities of the adult family home and manager, including items, services, and activities to be provided;(2) Maintain and retain all records in accordance with this chapter;(3) Allow the department unlimited access …

(1) Upon receipt of a proposed management agreement, the department may require:(a) The adult family home to provide additional information or clarification;(b) Changes necessary to:(i) Bring the management agreement into compliance with this chapter; and(ii) Ensure that the adul…

(1) If the management agreement delegates day-to-day management of resident personal funds to the manager, the adult family home must:(a) Retain all fiduciary and custodial responsibility for funds that have been deposited with the adult family home by the resident;(b) Remain dir…

Service of the department notices is complete when:(1) Personal service is made;(2) The notice is addressed to the home or 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 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 adult family home or to the individual to whom the notice is directed;(3) A signed receipt from the person who accepted th…

This chapter is written to implement chapter 18.20 RCW, to promote the safety and well-being of assisted living facility residents, to specify standards for assisted living facility operators, and to further establish requirements for the operation of assisted living facilities.[…

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

(1) An assisted living facility license is required to operate or maintain an assisted living facility as defined in chapter 18.20 RCW and this chapter.(2) An assisted living facility license is required when any person other than a family member provides housing, one or more bas…

(1) An assisted living facility license is not required for the housing, or services, customarily provided under landlord tenant agreements governed by the residential tenant act, chapter 59.18 RCW, or when housing nonresident individuals who chose to participate in the programs …

(1) An assisted living facility must provide each nonresident individual a disclosure statement upon admission and at the time that additional services are requested by the nonresident individual.(2) The disclosure statement must notify the nonresident individual that:(a) The res…

(1) The assisted living facility must comply with all other applicable federal, state, county and municipal statutes, rules, codes and ordinances, including without limitations those that prohibit discrimination.(2) The assisted living facility must have its building approved by …

The assisted living facility may admit and retain an individual as a resident in an assisted living facility only if:(1) The assisted living facility can safely and appropriately serve the individual with appropriate available staff providing:(a) The scope of care and services de…

The assisted living facility must conduct a preadmission assessment for each prospective resident that includes the following information, unless unavailable despite the best efforts of the assisted living facility:(1) Medical history;(2) Necessary and contraindicated medications…

(1) Unless there is an emergency, the assisted living facility must complete the preadmission assessment of the prospective resident before each prospective resident moves into the assisted living facility.(2) The assisted living facility must ensure the preadmission assessment i…

The assisted living facility must ensure the person responsible for completing a preadmission assessment of a prospective resident:(1) Has a master's degree in social services, human services, behavioral sciences or an allied field and two years social service experience working …

The assisted living facility must obtain sufficient information to be able to assess the capabilities, needs, and preferences for each resident, and must complete a full assessment addressing the following, within fourteen days of the resident's move-in date, unless extended by t…

(1) The department amended portions of this rule from January 18, 2022, through June 8, 2023, in response to the state of emergency related to the COVID-19 pandemic. For requirements in place during that time, see WAC 388-78A-2101.(2) The assisted living facility must:(a) Complet…

(1) In response to the state of emergency related to the COVID-19 pandemic, the department adopted emergency rules under RCW 34.05.320 on January 18, 2022, to amend a portion of WAC 388-78A-2100. The emergency rules remained in effect until June 8, 2023. The amended rules in plac…

The assisted living facility must directly involve each resident or prospective resident, to the extent possible, along with any appropriate resident representative to the extent he or she is willing and capable, in the preadmission assessment and on-going assessment process.[Sta…

The assisted living facility must:(1) Observe each resident consistent with his or her assessed needs and negotiated service agreement;(2) Identify any changes in the resident's physical, emotional, and mental functioning that are a:(a) Departure from the resident's customary ran…

The assisted living facility must:(1) Develop an initial resident service plan, based upon discussions with the resident and the resident's representative if the resident has one, and the preadmission assessment of a qualified assessor, upon admitting a resident into an assisted …

The assisted living facility must develop, and document in the resident's record, the agreed upon plan to address and support each resident's assessed capabilities, needs and preferences, including the following:(1) The care and services necessary to meet the resident's needs, in…

The assisted living facility must ensure that the negotiated service agreement is agreed to and signed at least annually by:(1) The resident, or the resident's representative if the resident has one and is unable to sign or chooses not to sign;(2) A representative of the assisted…

The assisted living facility must provide the care and services as agreed upon in the negotiated service agreement to each resident unless a deviation from the negotiated service agreement is mutually agreed upon between the assisted living facility and the resident or the reside…

(1) The assisted living facility must provide housing and assume general responsibility for the safety and well-being of each resident, as defined in this chapter, consistent with the resident's assessed needs and negotiated service agreement.(2) The assisted living facility must…

The assisted living facility must:(1) Provide space and staff support necessary for:(a) Each resident to engage in independent or self-directed activities that are appropriate to the setting, consistent with the resident's assessed interests, functional abilities, preferences, an…

Assistance with activities of daily living is a service that the assisted living facility may provide.(1) If an assisted living facility chooses not to provide assistance with activities of daily living:(a) The assisted living facility must admit or retain only those residents wh…

Health support services are an optional service that the assisted living facility may provide. The assisted living facility may choose to provide any of the following health support services; however, an assisted living facility may or may not need to provide additional health su…

An assisted living facility:(1) May provide short term respite care;(2) Must limit the length of stay for an individual on respite to thirty calendar days or less; and(3) Must not use respite as a placement pending the resident's admission to the assisted living facility.[Statuto…

When an assisting living facility provides respite care, before or at the time of admission, the assisted living facility must obtain sufficient information about the individual to meet the individual's anticipated needs. That information must include at a minimum:(1) The residen…

The assisted living facility must ensure that any individual on respite has assessments performed, where needed, and if the assessment of the individual shows symptoms of:(1) Tuberculosis, follow required tuberculosis testing requirements; and(2) Other infectious conditions or di…

With the participation of the individual, and where appropriate their representative, the assisted living facility must develop a negotiated service agreement, to maintain or improve the individual's health and functional status during their stay in the assisted living facility.[…

(1) An assisted living facility providing medication service, either directly or indirectly, must:(a) Meet the requirements of chapter 69.41 RCW Legend drugs—Prescription drugs, and other applicable statutes and administrative rules; and(b) Develop and implement systems that supp…

(1) Before the assisted living facility may provide medication assistance or medication administration to a resident for prescribed medications, the assisted living facility must have one of the following:(a) A prescription label completed by a licensed pharmacy;(b) A written ord…

(1) When a resident who is receiving medication assistance or medication administration services from the assisted living facility chooses to not take his or her medications, the assisted living facility must:(a) Respect the resident's right to choose not to take medication;(b) D…

When the assisted living facility has assumed responsibility for obtaining a resident's prescribed medications, the assisted living facility must obtain them in a correct and timely manner.[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2240, filed 6/18/13, effe…

The assisted living facility must generally provide medications in the form they are prescribed when administering medications or providing medication assistance to a resident. The assisted living facility may provide medications in an altered form consistent with the following:(…

(1) The assisted living facility must secure medications for residents who are not capable of safely storing their own medications.(2) The assisted living facility must ensure all medications under the assisted living facility's control are properly stored:(a) In containers with …

(1) The assisted living facility must ensure all medications are stored in a manner that prevents each resident from gaining access to another resident's medications.(2) The assisted living facility must allow a resident to control and secure the medications that he or she self-a…

(1) The assisted living facility must ensure no staff person other than a nurse or licensed pharmacist fills medication organizers for residents.(2) The assisted living facility must ensure that any nurse who fills a medication organizer for a resident labels the medication organ…

(1) An assisted living facility may permit a resident's family member to administer medications or treatments or to provide medication or treatment assistance, including obtaining medications or treatment supplies, to the resident.(2) The assisted living facility must disclose to…

(1) The assisted living facility must:(a) Provide a minimum of three meals a day:(i) At regular intervals;(ii) With no more than fourteen hours between the evening meal and breakfast, unless the assisted living facility provides a nutritious snack after the evening meal and befor…

The assisted living facility must:(1) Manage food, and maintain any on-site food service facilities in compliance with chapter 246-215 WAC, Food service;(2) Ensure employees working as food service workers obtain a food worker card according to chapter 246-217 WAC; and(3) Ensure …