(1) The department
may take one or more of the actions listed in subsection (3)(a) of this section
in any case in which the department finds that a contractor of assisted living
services, enhanced adult residential care services, enhanced residential
care-specialized dementia care services, or adult residential care services
has:
(a) Failed or refused to comply with the
applicable requirements of chapter 74.39A RCW, of chapter 70.129 RCW, chapter
388-78A WAC or of this chapter;
(b)
Operated without a license or under a revoked license;
(c) Knowingly, or with reason to know, made a
false statement of material fact on his or her application for a contract or
any data attached thereto, or in any matter under investigation by the
department; or
(d) Willfully
prevented or interfered with any inspection or investigation by the
department.
(2)
(a) For failure or refusal to comply with any
applicable requirements of chapter 74.39A RCW, of chapter 70.129 RCW, chapter
388-78A WAC or of this chapter, the department may provide consultation before
imposing remedies under subsection (3)(a) unless the violations pose a serious
risk to residents, are recurring or have been uncorrected.
(b) When violations of this chapter pose a
serious risk to a resident, are recurring or have been uncorrected, the
department must impose a remedy or remedies listed under subsection (3)(a). In
determining which remedy or remedies to impose, the department must take into
account the severity of the impact of the violations on residents and which
remedy or remedies are likely to improve resident outcomes and satisfaction in
a timely manner.
(3)
(a) Actions and remedies the department is
authorized to impose include:
(i) Refusal to
enter into a contract;
(ii)
Imposition of reasonable conditions on a contract, such as correction within a
specified time, training, and limits on the type of clients the provider may
admit or serve;
(iii) Imposition of
civil penalties of not more than one hundred dollars per day per
violation;
(iv) Suspension,
termination, or refusal to renew a contract; or
(v) Order stop placement of persons under the
contract.
(b) When the
department orders stop placement, the assisted living facility must not admit
any person under the contract until the stop placement order is terminated. The
department may approve readmission of a resident to the assisted living
facility from a hospital or nursing home during the stop placement. The
department must terminate the stop placement when the department determines
that:
(i) The violations necessitating the
stop placement have been corrected; and
(ii) The provider exhibits the capacity to
maintain adequate care and service.
(c) Conditions the department may impose on a
contract include, but are not limited to the following:
(i) Correction within a specified
time;
(ii) Training related to the
violations; and
(iii) Discharge of
any resident when the department determines discharge is needed to meet that
resident's needs or for the protection of other residents.
(d) When a contractor fails to pay a fine
when due under this chapter, the department may, in addition to other remedies,
withhold an amount equal to the fine plus interest, if any, from the contract
payment.
Notes
Wash. Admin.
Code §
388-110-260
Amended by
WSR
14-07-021, filed 3/7/14, effective 4/7/2014
Statutory Authority:
RCW
74.39A.010,
74.39A.020,
74.39A.060,
74.39A.070, and chapter 74.39A
RCW. 04-16-063, § 388-110-260, filed 7/30/04, effective 9/1/04. Statutory
Authority:
RCW
74.39A.010,
74.39A.020 and
74.39A.080. 96-21-050, §
388-110-260, filed 10/11/96, effective 11/11/96. Statutory Authority:
RCW
74.39A.010,
74.39A.020,
74.39A.060,
74.39A.080,
74.39A.170,
18.88A.210 -[18.88A.]240
and70.129.040 . 96-11-045 (Order 3979), § 388-110-260, filed 5/8/96,
effective 6/8/96.
