Title 70 — Title 70 PUBLIC HEALTH AND SAFETY
98 chapters · 1,450 sections in this title.
RCW 70.127.005 Legislative intent.
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The legislature finds that the availability of home health, hospice, and home care services has improved the quality of life for Washington's citizens. However, the delivery of these services bring risks because the in-home location of services makes their actual delivery virtual…
RCW 70.127.010 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Administrator" means an individual responsible for managing the operation of an agency.(2) "Department" means the department of health.(3) "Director of clinical servi…
RCW 70.127.020 Licenses required after July 1, 1990—Penalties.
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(1) After July 1, 1990, a license is required for a person to advertise, operate, manage, conduct, open, or maintain an in-home services agency.(2) An in-home services agency license is required for a nursing home, hospital, or other person that functions as a home health, hospic…
RCW 70.127.030 Use of certain terms limited to licensees.
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It is unlawful for any person to use the words:(1) "Home health agency," "home health care services," "visiting nurse services," "home health," or "home health services" in its corporate or business name, or advertise using such words unless licensed to provide those services und…
RCW 70.127.040 Persons, activities, or entities not subject to regulation under chapter.
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The following are not subject to regulation for the purposes of this chapter:(1) A family member providing home health, hospice, or home care services;(2) A person who provides only meal services in an individual's permanent or temporary residence;(3) An individual providing home…
RCW 70.127.050 Volunteer organizations—Use of phrase "volunteer hospice."
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(1) An entity that provides hospice care without receiving compensation for delivery of any of its services is exempt from licensure pursuant to RCW 70.127.020(1) if it notifies the department, on forms provided by the department, of its name, address, name of owner, and a statem…
RCW 70.127.080 Licenses—Application procedure and requirements.
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(1) An applicant for an in-home services agency license shall:(a) File a written application on a form provided by the department;(b) Demonstrate ability to comply with this chapter and the rules adopted under this chapter;(c) Cooperate with on-site survey conducted by the depart…
RCW 70.127.085 State licensure survey.
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(1) Notwithstanding the provisions of RCW 70.127.080(1)(c), an in-home services agency that is certified by the federal medicare program, or accredited by the community health accreditation program, or the joint commission on accreditation of health care organizations as a home h…
RCW 70.127.090 License or renewal—Fees—Sliding scale.
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(1) Application and renewal fee: An application for a license or any renewal shall be accompanied by a fee as established by the department under RCW 43.70.250. The department shall adopt by rule licensure fees based on a sliding scale using such factors as the number of agency f…
RCW 70.127.100 Licenses—Issuance—Prerequisites—Transfer or assignment—Surveys.
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Upon receipt of an application under RCW 70.127.080 for a license and the license fee, the department shall issue a license if the applicant meets the requirements established under this chapter. A license issued under this chapter shall not be transferred or assigned without thi…
RCW 70.127.120 Rules for recordkeeping, services, staff and volunteer policies, complaints.
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The department shall adopt rules consistent with RCW 70.127.005 necessary to implement this chapter under chapter 34.05 RCW. In order to ensure safe and adequate care, the rules shall address at a minimum the following:(1) Maintenance and preservation of all records relating dire…
RCW 70.127.125 Interpretive guidelines for services.
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The department is directed to continue to develop, with opportunity for comment from licensees, interpretive guidelines that are specific to each type of service and consistent with legislative intent.[ 2000 c 175 s 11; 1993 c 42 s 7.]Notes:Effective date—2000 c 175: See note fol…
RCW 70.127.130 Legend drugs and controlled substances—Rules.
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Licensees shall conform to the standards of RCW 69.41.030 and 69.50.308. Rules adopted by the department concerning the use of legend drugs or controlled substances shall reference and be consistent with pharmacy quality assurance commission rules.[ 2013 c 19 s 125; 1993 c 42 s 9…
RCW 70.127.140 Bill of rights—Billing statements.
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(1) An in-home services agency shall provide each individual or designated representative with a written bill of rights affirming each individual's right to:(a) A listing of the in-home services offered by the in-home services agency and those being provided;(b) The name of the i…
RCW 70.127.150 Durable power of attorney—Prohibition for licensees, contractees, or employees.
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No licensee, contractee, or employee may hold a durable power of attorney on behalf of any individual who is receiving care from the licensee.[ 2000 c 175 s 13; 1988 c 245 s 16.]Notes:Effective date—2000 c 175: See note following RCW 70.127.010.
RCW 70.127.165 Licenses—Conditions on a license—Civil penalties—Limited stop services—Stop placements—Denials.
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(1) When the department determines the in-home services agency has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule, or has been given any previous statement of deficiency that included the same or similar type…
RCW 70.127.170 Licenses—Conditions for penalties.
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The department is authorized to take any of the actions identified in RCW 70.127.165 against an in-home services agency's license in any case in which it finds that the licensee:(1) Failed or refused to comply with the requirements of this chapter, standards or rules adopted unde…
RCW 70.127.175 Licenses—Adjudicative proceedings—Immediate jeopardy.
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(1) Except as otherwise provided, RCW 43.70.115 governs notice of the imposition of conditions on a license, a limited stop service, stop placement, or the suspension, revocation, or refusal to renew a license and provides the right to an adjudicative proceeding. Adjudicative pro…
RCW 70.127.180 Surveys and in-home visits—Notice of violations—Enforcement action.
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(1) The department may at any time conduct a survey of all records and operations of a licensee in order to determine compliance with this chapter. The department may conduct in-home visits to observe patient/client care and services. The right to conduct a survey shall extend to…
RCW 70.127.190 Disclosure of compliance information.
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All information received by the department through filed reports, surveys, and in-home visits conducted under this chapter shall not be disclosed publicly in any manner that would identify individuals receiving care under this chapter.[ 2000 c 175 s 16; 1988 c 245 s 20.]Notes:Eff…
RCW 70.127.200 Unlicensed agencies—Department may seek injunctive or other relief—Injunctive relief does not prohibit criminal or civil penalties—Fines.
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(1) Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law and upon the advice of the attorney general, who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or oth…
RCW 70.127.213 Unlicensed operation of an in-home services agency—Cease and desist orders—Adjudicative proceedings—Fines.
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(1) The department may give written notice to cease and desist to any person whom the department has reason to believe is engaged in the unlicensed operation of an in-home services agency.(2)(a) Except as otherwise provided in this section, the requirement to cease and desist unl…
RCW 70.127.216 Unlicensed operation of an in-home services agency—Consumer protection act.
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The legislature finds that the operation of an in-home services agency without a license in violation of this chapter is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Operation of an in-home services age…
RCW 70.127.280 Hospice care centers—Applicants—Rules.
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(1) Applicants desiring to operate a hospice care center are subject to the following:(a) The application may only be made by a licensed hospice agency. The agency shall list which of the following service categories will be provided:(i) General inpatient care;(ii) Continuous hom…
RCW 70.127.290 Access to care policies—Submission to department of health—Policies on display.
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(1) Every agency or facility providing hospice services as defined in RCW 70.127.010 shall submit to the department of health its policies related to access to care regarding end-of-life care and this chapter. The information shall include: (a) A section for the public with speci…
RCW 70.127.295 Home care safety net assessment—Financial information—Reporting.
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(1) Each consumer directed employer and each in-home services agency that is licensed under this chapter to provide home care services, hospice services, or home health services shall submit financial information to the department as necessary to inform the development of a home …
RCW 70.127.300 Multistate nurse license—Conditions of employment.
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(1) Beginning September 1, 2023, and annually thereafter, individuals that hold a multistate nurse license issued by a state other than Washington and are employed by hospice care centers licensed under this chapter shall complete any demographic data surveys required by the boar…