Washington Administrative Code

"Client" means a person who has a developmental disability as defined in RCW 71A.10.020 and who has been determined eligible by DDA to receive services under chapter 388-823 WAC."CRM" means the DDA case resource manager assigned to a client."DDA" means the developmental disabilit…

(1) A provider of the intensive habilitation services (IHS) for children program provides the following:(a) The creation and implementation of a habilitative plan;(b) Opportunities for the client's family, natural supports, and community providers to participate in individualized…

A person may be eligible to receive stabilization services from an intensive habilitation services provider if:(1) The person is over age seven but under age 21;(2) The person is DDA-eligible under chapter 388-823 WAC;(3) The person is eligible for stabilization services under WA…

To determine whether they can safely meet a client's needs, the intensive habilitation services provider reviews client information, such as:(1) The client's referral packet;(2) Information gathered from the client, collateral contacts, or case manager; and(3) Composition of clie…

The following entities may become an intensive habilitation services provider:(1) A staffed residential home licensed under chapter 110-145 WAC and certified under chapter 388-825A WAC; or(2) A state-operated provider certified under chapter 388-825A WAC.[Statutory Authority: RCW…

(1) To be certified, a provider must participate in site visits in accordance with certification requirements under chapter 388-825A WAC.(2) During a site visit, DDA reviews the provider's service site for the following safety requirements:(a) The common areas of the home are unr…

(1) The client may receive services from an IHS provider for a maximum of 90 consecutive days per admission.(2) Length of admission is based on the client's progress toward their family-identified goals.(3) Upon discharge from the intensive habilitation services program, the lega…

(1) To provide direct support to a client receiving services from a DDA-contracted provider, a direct support professional (DSP) must complete:(a) Training required under chapter 110-145 WAC;(b) Training and continuing education required under chapter 388-829 WAC; and(c) Nurse de…

(1) To provide direct support to a client receiving services from a state-operated provider, a direct support professional (DSP) must complete:(a) Training and continuing education required under chapter 388-829 WAC;(b) Nurse delegation training if the DSP is performing tasks req…

(1) The provider must have written policies and procedures about the control of infections. These must include, but are not limited to, the following areas:(a) Isolation of sick individuals;(b) Germ control procedures;(c) Hygiene, including hand washing, toileting, and laundering…

(1) The provider must store a client's medication:(a) In a locked container, such as a locked box;(b) Separate from food and toxic chemicals;(c) Under proper conditions for sanitation, temperature, and ventilation; and(d) In the original medication container with the pharmacist-p…

If a client refuses a prescribed medication, the provider must:(1) Document the refusal, including the time, date, and medication refused;(2) Inform the client of the benefit of the medication;(3) Consult a pharmacist or licensed medical provider with prescription authority to de…

(1) The provider must dispose of all client medications that are discontinued, expired, or replaced by another medication in consultation with a pharmacist or other health professional.(2) When disposing a client's medication, the provider must list the:(a) Client's name;(b) Medi…

(1) The provider must develop an emergency response plan.(2) The provider must complete a fire drill with clients at least once per month and document completion of the drill.[Statutory Authority: RCW 71A.12.030, 71A.12.010, and 71A.12.120. WSR 24-19-101, s 388-833-0035, filed 9/…

(1) The provider must regulate the facility's water temperature no higher than 120 degrees Fahrenheit.(2) The provider must complete and document monthly water temperature checks.[Statutory Authority: RCW 71A.12.030, 71A.12.010, and 71A.12.120. WSR 24-19-101, s 388-833-0036, file…

(1) The provider must be located in an area with public fire protection.(2) The provider must have working smoke and carbon monoxide detectors installed. Each smoke and carbon monoxide detector must address the needs of clients who are deaf or hard of hearing.(3) Smoke detectors …

(1) The provider must safely secure cleaning supplies, flammables and other combustible materials, toxic or poisonous substances, and aerosols.(2) If a container is filled with a toxic substance from a bulk supply, the provider must clearly label the container.[Statutory Authorit…

(1) The provider must maintain a property record for each client.(2) The property record must include a descriptive list of the items the client possessed upon admission and discharge.[Statutory Authority: RCW 71A.12.030, 71A.12.010, and 71A.12.120. WSR 24-19-101, s 388-833-0040,…

(1) The provider must keep the following in the client's record:(a) Referral packet contents;(b) Service notes;(c) The client's habilitation plan; and(d) The client's behavior intervention plan, if applicable.(2) The provider must retain a client's records for at least six years …

(1) Accessing intensive habilitation services (IHS) is voluntary and does not affect a parent's or legal representative's rights and responsibilities as a legal custodian for the child. (2) Before a client receives IHS, an IHS family agreement must be signed agreeing to:(a) Maint…

A parent or legal representative remains financially responsible for all expenses for their child that the provider is not required to provide under this chapter or the provider's contract. [Statutory Authority: RCW 71A.12.030, 71A.12.010, and 71A.12.120. WSR 24-19-101, s 388-833…

(1) The provider may decide to stop providing services if the provider determines and documents that the client's behavior jeopardizes:(a) The client's health or safety; or(b) The health or safety of staff or other clients the provider supports.(2) The notice of the provider's de…

(1) A client, the client's parent, or the client's legal representative may appeal decisions made by DDA in accordance with WAC 388-825-120 through 388-825-165 and WAC 388-845-4000 through 388-845-4015.(2) A client, the client's parent, or the client's legal representative does n…

This chapter explains the duties of the developmental disabilities administration (DDA) and the rights of individuals regarding "preadmission screening and resident review" (PASRR). PASRR is a process required by federal law to ensure that individuals with serious mental illness …

The rules in this chapter affect individuals who are:(1) Being referred to a medicaid-certified nursing facility who have, or may have, an intellectual disability or related condition as defined in this chapter; and(2) Individuals who have been determined to have an intellectual …

"Appropriate placement" is the placement of an individual with mental illness and/or intellectual disability or related condition in a NF when the individual's needs meet the minimum standards for admission to a NF and do not exceed the level of services which can be delivered in…

When an individual is referred to a medicaid-certified nursing facility, a PASRR level I screening is completed to determine if the individual has a serious mental illness, an intellectual disability or related condition, or both.[Statutory Authority: RCW 71A.12.030, 71A.12.140, …

(1) A readmission occurs when an individual is readmitted to a nursing facility from a hospital to which he or she was transferred for the purpose of receiving care. Readmissions are not subject to preadmission screening if the PASRR process was completed upon the initial admissi…

(1) If a PASRR level I screening indicates that the individual either has or may have a serious mental illness, an intellectual disability or related condition, or both, the screener must refer the individual to a contracted mental health PASRR evaluator (for serious mental illne…

When an individual is referred to a DDA PASRR evaluator for a level II evaluation, the DDA PASRR evaluator reviews the individual's records and speaks with the individual and others who have relevant information. The DDA PASRR evaluator determines:(1) Whether the individual does …

(1) If a level I screening does not identify a possible serious mental illness or intellectual disability or related condition, the individual may be admitted to a nursing facility directly.(2) If a level I screener has referred an individual for a level II evaluation, the indivi…

When a DDA PASRR evaluator determines through a level II evaluation that a nursing facility is an appropriate placement for an individual, and that the individual will require specialized services while residing in the nursing facility, the evaluator:(1) Informs the individual an…

(1) DDA provides written notice of all PASRR determinations to the following entities:(a) The evaluated individual and his or her legal representative;(b) The admitting or retaining nursing facility;(c) The individual or resident's attending physician; and(d) The discharging hosp…

(1) Individuals who have been evaluated by a DDA PASRR evaluator have the right to an administrative hearing to dispute the following determinations by the evaluator:(a) That nursing facility placement is not appropriate to meet the individual's needs;(b) That the individual does…

PASRR requirements for medicaid-certified nursing facilities may be found in chapter 388-97 WAC, as well as in 42 C.F.R. §483 Subpart C 483.100 – 483.138.[Statutory Authority: RCW 71A.12.030, 71A.12.140, 42 C.F.R. 483.100 through 138. WSR 15-24-027, § 388-834-0055, filed 11/20/15…

(1) The purpose of this chapter is to establish rules authorized by Title 71A RCW, Developmental disabilities that:(a) Regulate the purchase and provision of services in intermediate care facility for those with an intellectual disability (ICF/ID); and(b) Assure adequate ICF/ID c…

Unless the context clearly requires otherwise, the following terms and definitions are used consistently throughout the chapter:"Accrual method of accounting" is a method of accounting where:(1) Revenues are reported when they are earned, regardless of when they are collected; an…

A beneficial owner is any person who:(1) Has or shares, by contract, arrangement, understanding, relationship, or otherwise, the power to:(a) Vote or direct the voting of an ownership interest; and/or(b) Invest, including the power to dispose of or direct the disposition of an ow…

(1) A "change in ownership" is a change in the individual or legal organization responsible for the daily operation of an ICF/ID facility.(2) Types of events causing a change in ownership include but are not limited to:(a) Changing the form of legal organization of the owner, suc…

(1) Lease agreements can be terminated by:(a) Eliminating or adding parties to the agreement;(b) Expiration of the agreement;(c) Modifying of any lease term in the agreement;(d) Terminating the agreement by any means by either party; or(e) Extending or renewing the agreement, eve…

A qualified therapist is any of the following:(1) An activity specialist who has department specified specialized education, training, or experience;(2) An audiologist eligible for a certificate of clinical competency in audiology or possessing the equivalent education and clinic…

(1) DSHS may approve an exemption to a specific rule in this chapter if an:(a) Assessment of the request concludes that the exemption will not undermine the legislative intent of Title 71A RCW, Developmental disabilities; and(b) Evaluation of the request shows that the exemption …

The following general requirements apply:(1) The administration will recognize only the official name of an ICF/ID as shown on the license.(2) All state and private ICF/ID facilities must be certified as a Title XIX ICF/ID facility.(3) All private ICF/ID facilities with a certifi…

All ICF/ID facilities must provide sufficient number of qualified staff to meet the needs of their residents.[Statutory Authority: RCW 71A.12.030 and 44.04.280. WSR 15-09-069, § 388-835-0045, filed 4/15/15, effective 5/16/15. Statutory Authority: RCW 71A.20.140. WSR 01-10-013, § …

(1) DSHS is responsible for assuring the:(a) Health care and habilitative training needs of an individual are identified and met according to state and federal regulations.(b) Individual is placed in a facility certified as capable of meeting their needs.(2) DDA regional service …

(1) A resident, their guardian, next-of-kin, or responsible party must be informed by DSHS in writing thirty days before any redetermination of their eligibility for ICF/ID services takes place.(2) The redetermination notice must include:(a) The reasons for the proposed eligibili…

DSHS must send a hearing request form with the notice of redetermination.(1) If the resident requests a hearing within the thirty-day time period, DSHS must not redetermine eligibility until a hearing decision is reached or appeal rights have been exhausted unless redetermination…