Washington Administrative Code

(1) The licensee may have multiple buildings operating under a single assisted living facility license if:(a) All of the buildings are located on the same property with the same legal description; or(b) All of the buildings are located on contiguous properties undivided by:(i) Pu…

(1) A person or assisted living facility must notify construction review services of all planned construction regarding an assisted living facility prior to beginning work on any of the following:(a) A new building or portion thereof to be used as an assisted living facility;(b) …

(1) The purpose of physical environment requirements is to provide for a safe and effective resident care environment in the buildings or portions of buildings licensed as assisted living facilities and used to provide assisted living services. This section applies to new constru…

(1) The department may exempt an assisted living facility from meeting a specific requirement related to the physical environment or may approve an alternative method for meeting the requirement, if the department determines the exemptions or alternative method will:(a) Not jeopa…

The department will not issue an assisted living facility license unless:(1) Construction review services:(a) Notifies the department that construction has been completed; and(b) Provides the department:(i) A copy of the certificate of occupancy granted by the local building offi…

(1) Prior to moving residents out of the assisted living facility during construction, the assisted living facility must:(a) Notify the residents and the residents' representatives at least thirty days prior to the anticipated move date, of the required move, and their options co…

Whenever an assisted living facility moves out all residents and ceases operation for reasons other than construction, under WAC 388-78A-2860, the licensee must relinquish or the department may revoke the assisted living facility license.[Statutory Authority: Chapters 18.20 and 7…

Prior to using a room for a purpose other than what was approved by construction review services, the assisted living facility must:(1) Notify construction review services:(a) In writing;(b) Thirty days or more before the intended change in use;(c) Describe the current and propos…

The assisted living facility must retain paper or electronic copies of the following on the assisted living facility premises:(1) Specification data on materials used in construction, for the life of the product;(2) Stamped "approved" set of construction documents;(3) The certifi…

(1) In each building, the assisted living facility must provide for the safe and sanitary storage and handling of nursing equipment and supplies appropriate to the needs of their residents, as well as for the soiled nursing equipment by providing:(a) A "clean" utility area for th…

(1) The assisted living facility must:(a) Provide residents and staff persons with the means to summon on-duty staff assistance from all resident-accessible areas including:(i) Bathrooms and toilet rooms;(ii) Resident living rooms and resident sleeping rooms; and(iii) Corridors, …

The assisted living facility may use a two-way intercom system between staff persons and residents in other rooms only when:(1) A resident initiates the contact; or(2) Staff persons announce to the resident that the intercom has been activated at the time it is activated, and:(a)…

The assisted living facility must:(1) Provide water meeting the provisions of chapter 246-290 WAC, Group A public water supplies or chapter 246-291 WAC, Group B public water systems;(2) Protect and maintain the assisted living facility water systems against cross-connection in ac…

The assisted living facility must:(1) Ensure that all sewage and waste water drain into a municipal sewage disposal system according to chapter 246-272A WAC, if available; or(2) Provide on-site sewage disposal systems designed, constructed, and maintained as required by chapters …

The assisted living facility must:(1) Provide an adequate number of garbage containers to store refuse generated by the assisted living facility:(a) Located in a storage area convenient for resident and staff use;(b) Constructed of nonabsorbent material;(c) Cleaned and maintained…

(1) The assisted living facility must provide emergency lighting in residents units, dining and activity rooms, laundry rooms, and other spaces where residents may be at the time of a power outage.(2) The assisted living facility must maintain electric light fixtures and lighting…

The assisted living facility must:(1) Equip each resident-occupied building with an approved heating system capable of maintaining a minimum temperature of 70°F. The assisted living facility must:(a) Maintain the assisted living facility at a minimum temperature of 60°F during sl…

The assisted living facility must meet the ventilation requirements of the mechanical code as adopted and amended by the Washington state building council; and(1) Ventilate rooms to:(a) Prevent excessive odors or moisture; and(b) Remove smoke.(2) If provided, locate outdoor smoki…

The assisted living facility resident units must have the following:(1) General characteristics:(a) Units must have lever door hardware and option for lockable entry doors;(i) Locking entry doors must unlock with single lever handle motion;(b) Residents may not enter their rooms …

(1) The assisted living facility must ensure each resident sleeping room contains:(a) A bed for each resident, except when:(i) Two residents mutually agree to share a bed; or(ii) A resident requests or provides alternate furniture for sleeping.(b) The bed must be thirty-six or mo…

(1) The assisted living facility must provide private or common-use toilet rooms and bathrooms to meet the needs of each resident.(2) The assisted living facility must provide each toilet room and bathroom with:(a) Water resistant, smooth, low gloss, nonslip and easily cleanable …

(1) The assisted living facility must provide laundry and linen services on the premises, or by commercial laundry.(2) The assisted living facility must handle, clean, and store linen according to acceptable methods of infection control. The assisted living facility must:(a) Prov…

(1) The assisted living facility must provide one or more common areas in which residents may participate in social and recreational activities. Common areas include, but are not limited to:(a) Solariums;(b) Enclosed sun porches;(c) Recreation rooms;(d) Dining rooms; and(e) Livin…

The assisted living facility must:(1) Provide adequate storage space for supplies, equipment and linens;(2) Provide separate, locked storage for disinfectants and poisonous compounds; and(3) Maintain storage space to prevent fire or safety hazards.[Statutory Authority: Chapter 18…

(1) The assisted living facility must:(a) Provide a safe, sanitary and well-maintained environment for residents;(b) Keep exterior grounds, assisted living facility structure, and component parts safe, sanitary and in good repair;(c) Keep facilities, equipment and furnishings cle…

The assisted living facility must secure potentially hazardous supplies and equipment commensurate with the assessed needs of residents and their functional and cognitive abilities. In determining what supplies and equipment may be accessible to residents, the assisted living fac…

The assisted living facility must not use poisonous or toxic plants in areas of the assisted living facility premises accessible to residents who, based on their diagnosed condition or cognitive disabilities, may ingest or have harmful contact with such plants.[Statutory Authorit…

The assisted living facility must:(1) Cooperate with the department during any on-site inspection or complaint investigation;(2) Provide requested records to the representatives of the department; and(3) Ensure the assisted living facility administrator or the administrator's des…

(1) In response to the COVID-19 pandemic, the governor suspended the requirement for the department to conduct full licensing inspections of assisted living facilities required by RCW 18.20.110.(2) During the suspension of the full licensing inspection requirements, the departmen…

The department will give the administrator or the administrator's designee a written statement of deficiencies report specifying any violations of chapters 18.20, 70.129, or 74.34 RCW, this chapter, or any other applicable laws or rules that the department found during any inspec…

(1) The assisted living facility must comply with all applicable licensing laws and regulations at all times.(2) When the department finds the assisted living facility out of compliance with any licensing law or regulation the department will send the home an inspection report wi…

(1) Whenever the circumstances in WAC 388-78A-3170(1) are present, the department may impose any enforcement remedies authorized by RCW 18.20.050(4), 18.20.185(7) and 18.20.190 on an assisted living facility, including:(a) Denying an assisted living facility license;(b) Suspendin…

(1) The department is authorized to impose enforcement remedies described in WAC 388-78A-3160 if any person described in subsection (2) of this section is found by the department to have:(a) A history of significant noncompliance with federal or state laws or regulations in provi…

The department must impose an appropriate remedy consistent with RCW 18.20.125 and as otherwise authorized by RCW 18.20.185 or 18.20.190 whenever the department finds an assisted living facility has:(1) A serious problem, a recurring problem, or an uncorrected problem;(2) Created…

(1) The department may impose civil penalties of at least one hundred dollars per day per violation.(2) Fines up to one thousand dollars per day per violation may be issued under RCW 18.20.190 through June 30, 2019, and thereafter as follows:(a) Beginning July 1, 2019, through Ju…

Effective May 17, 2020, the department will consider the guidance in the tiered sanction grid below when imposing civil fine remedies:No HarmMinimal to Moderate HarmSevere HarmImminent Danger, Immediate Threat, or BothRecurring/UncorrectedInitialRecurring/UncorrectedInitialRecurr…

(1) The department must deny, suspend, revoke, or refuse to renew an assisted living facility license if any person described in subsection (2) of this section is found by the department to have:(a) A court has issued a permanent restraining order or order of protection, either a…

(1) When the department cites an assisted living facility for an initial problem that does not represent a recurring problem, serious problem, or uncorrected problem, and that results in minimal or moderate harm that is limited in scope, the department may:(a) Require a plan of c…

The assisted living facility has a right to an informal dispute resolution meeting according to department procedure and consistent with RCW 18.20.195. The assisted living facility must make a request for an informal dispute resolution meeting in writing within ten days of the re…

(1) An applicant or assisted living facility:(a) May contest an enforcement remedy imposed by the department pursuant to RCW 18.20.190 according to the provisions of chapter 34.05 RCW and chapters 10-08 and 388-02 WAC;(b) Must file any request for an adjudicative proceeding with …

The assisted living facility must:(1) Submit an annual per bed license fee based on the licensed bed capacity and as established in the state's biennial omnibus appropriation act and any amendment or addition made to that act;(2) Submit an additional late fee in the amount of ten…

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

The following definitions apply to this chapter:(1) "Client" means a person who is eligible for and is receiving medicaid-funded long-term care.(2) "Guardianship fees" or "fees" means necessary fees charged by a guardian for services rendered on behalf of a client.(3) "Participat…

(1) As mandated by RCW 43.20B.460 and in accordance with RCW 11.92.180, the maximum amount of guardianship fees and related costs must not exceed the limits of this section when the person under guardianship is:(a) A medicaid eligible client, residing in:(i) A medical institution…

(1) This section sets the maximum guardianship fees and related costs when:(a) The court order was entered before June 1, 2018; and(b) The client under guardianship was receiving medicaid-funded long-term care before June 1, 2018.(2) For court orders entered before June 1, 2018, …

(1) This section describes the procedure for allowing guardianship fees and related costs from client participation when:(a) A court order was entered before June 1, 2018; and(b) The client under guardianship was receiving medicaid-funded long-term care before June 1, 2018.(2) Th…