Washington Administrative Code

The individual holds a bachelor's degree in a related field of study such as health, social work, or business administration and meets the qualifications listed in either subsection (1), (2) or (3) of this section.(1) Obtains certification of completing a recognized administrator…

Before assuming duties as an administrator, the individual has five years of paid experience:(1) Providing direct care to vulnerable adults in a setting licensed by a state agency for the care of vulnerable adults, such as a nursing home, assisted living facility, or adult family…

Before the licensee appoints an individual who must have completed a qualifying administrator training program in order to qualify as an assisted living facility administrator, the licensee must verify the individual has completed the training and obtain documentation from the in…

The licensee must ensure the assisted living facility administrator:(1) Meets the training requirements under chapter 388-112A WAC; and(2) Knows and understands how to apply Washington state statutes and administrative rules related to the operation of an assisted living facility…

The assisted living facility must maintain for department review, documentation of the administrator completing:(1) Training required by chapter 388-112A WAC;(2) Department training in an overview of Washington state statutes and administrative rules related to the operation of a…

The licensee must ensure the administrator:(1) Directs and supervises the overall twenty-four-hour-per-day operation of the assisted living facility;(2) Ensures residents receive adequate care and services that meet the standards of this chapter;(3) Is readily accessible to meet …

The licensee must notify the department in writing within ten calendar days of the effective date of a change in the assisted living facility administrator. The notice must include the full name of the new administrator and the effective date of the change.[Statutory Authority: C…

If an assisted living facility licensee also has a home health or home care license, the licensee may not provide care or services to nonresident individuals living in independent living units on the assisted living facility premises under the home health or home care license if:…

(1) If the proposed or current licensee uses a manager, the licensee must have a written management agreement 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 application for a license;(b…

(1) The licensee is responsible for:(a) The daily operations and provisions of services in the assisted living facility, as required by WAC 388-78A-2730 (1)(a);(b) Ensuring the assisted living facility is operated in a manner consistent with all laws and rules applicable to assis…

Management agreements, at a minimum must:(1) Describe the responsibilities of the licensee and manager, including items, services, and activities to be provided;(2) Require the licensee's governing body, board of directors, or similar authority to appoint the facility administrat…

The department may review a management agreement at any time. Following the review, the department may require:(1) The proposed or current licensee or manager to provide additional information or clarification;(2) Any changes necessary to:(a) Bring the management agreement into c…

(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 assisted living facility by the resident;(b) Is directly accountable t…

(1) The assisted living facility must develop and implement policies and procedures in support of services that are provided and are necessary to:(a) Maintain or enhance the quality of life for residents including resident decision-making rights;(b) Provide the necessary care and…

(1) The assisted living facility must institute appropriate infection control practices in the assisted living facility to prevent and limit the spread of infections.(2) The assisted living facility must:(a) Develop and implement a system to identify and manage infections;(b) Res…

If an assisted living facility allows pets to live on the premises, the assisted living facility must:(1) Develop, implement and disclose to potential and current residents, policies regarding:(a) The types of pets that are permitted in the assisted living facility; and(b) The co…

(1) The assisted living facility must ensure that each staff person:(a) Makes a report to the department's Aging and Disability Services Administration Complaint Resolution Unit hotline consistent with chapter 74.34 RCW in all cases where the staff person has reasonable cause to …

(1) The assisted living facility must consult with the resident's representative, the resident's physician, and other individual(s) designated by the resident as soon as possible whenever:(a) There is a significant change in the resident's condition;(b) The resident is relocated …

The assisted living facility must immediately report to the department's aging and disability services administration:(1) Any accidental or unintended fire, or any deliberately set but improper fire, such as arson, in the assisted living facility;(2) Any unusual incident that req…

(1) For the purposes of this section "residency agreement" means a legally enforceable written document prepared by the assisted living facility that contains the rights and responsibilities of the facility and the resident specific to transfer and discharge and is signed by both…

The assisted living facility must:(1) Comply with chapter 70.129 RCW, Long-term care resident rights;(2) Ensure all staff persons provide care and services to each resident consistent with chapter 70.129 RCW;(3) Not use restraints on any resident;(4) Promote and protect the resid…

For residents with medicaid as a payor, in addition to the requirements in WAC 388-78A-2660, the assisted living facility must do the following when issuing a written notice of transfer or discharge:(1) Include in the notice contact information provided by the department for the …

The assisted living facility must fully disclose the facility's policy on accepting medicaid payments. The policy must:(1) Clearly state the circumstances under which the assisted living facility provides care for medicaid eligible residents and for residents who become eligible …

If a resident performs services for the assisted living facility, the assisted living facility must ensure:(1) The resident freely volunteers to perform the services without coercion or pressure from staff persons;(2) The resident performing services does not supervise, or is not…

(1) Except as provided in this section or in WAC 388-78A-2690, the assisted living facility must not use the following in the facility or on the premises:(a) Audio monitoring equipment; or(b) Video monitoring equipment if it includes an audio component.(2) The assisted living fac…

(1) Audio or video monitoring equipment may not be installed in the assisted living facility to monitor any resident apartment or sleeping area unless the resident or the residents' representative has requested and consents to the monitoring.(2) Electronic monitoring equipment mu…

(1) The assisted living facility must:(a) Maintain the premises free of hazards;(b) Maintain any vehicles used for transporting residents in a safe condition;(c) Provide, and tell staff persons of a means of emergency access to resident-occupied bedrooms, toilet rooms, bathing ro…

The assisted living facility must provide a safe environment and promote the safety of each resident whenever the resident is on the premises or under the supervision of staff persons consistent with the resident's negotiated service agreement, and must maintain the premises and …

(1) The assisted living facility must disclose to residents, the resident's representative, if any, and interested consumers upon request, the scope of care and services it offers, on the department's approved disclosure forms. The disclosure form shall not be construed as an imp…

(1) The assisted living facility must provide the disclosure form completed by the assisted living facility:(a) In response to a request by a prospective resident or his or her representative, if any, for written information about the assisted living facility's services and capab…

(1) The assisted living facility licensee is responsible for:(a) The operation of the assisted living facility;(b) Complying at all times with the requirements of this chapter, chapter 18.20 RCW, and other applicable laws and rules; and(c) The care and services provided to the as…

The assisted living facility must:(1) Obtain liability insurance upon licensure and maintain the insurance as required in WAC 388-78A-2733 and 388-78A-2734; and(2) Have evidence of liability insurance coverage available if requested by the department.[Statutory Authority: Chapter…

The assisted living 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) Coverag…

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

The department must consider separately and jointly as applicants each person named in the application for an assisted living facility license.(1) If the department finds any person unqualified as specified in WAC 388-78A-3190, the department must deny, terminate, or not renew th…

To apply for an assisted living facility license, a person must:(1) Submit to the department a complete license application on forms designated by the department at least ninety days prior to the proposed effective date of the license;(2) Submit all relevant attachments specified…

In making a determination whether to issue an assisted living 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 inv…

The licensee of an assisted living facility must change whenever the following events occur, including, but not limited to:(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 licensee is not required to change when only the following, without more, occur:(1) The licensee contracts with a party to manage the assisted living facility enterprise for the licensee pursuant to an agreement as specified in WAC 388-78A-2590; or(2) The real property or per…

(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 assisted living facility license fee, if a license fee is due, must accompany the change in ownership ap…

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 18.20 RCW. WSR 09-06-063, § 388-78A-2777, filed 3/2/09, …

(1) In order to change the licensee of an assisted living 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 follow…

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

The current assisted living 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 assisted living facility licensee is antici…

The current assisted living 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 assisted living facility licensee i…

To renew an assisted living facility license, the assisted living facility must:(1) Submit a completed license renewal application on forms designated by the department, at least thirty days prior to the license expiration date;(2) Sign the application;(3) Submit the annual licen…

(1) To change the licensed bed capacity in an assisted living facility, the assisted living facility must:(a) Submit a completed request for approval to the department at least one day before the intended change;(b) Submit the prorated fee for additional beds to DSHS within thirt…