RCW 18.51.410
Receivership—Petition to establish—Grounds.
A petition to establish a receivership shall allege that one or more of the following conditions exist and that the current operator has demonstrated an inability or unwillingness to take actions necessary to immediately correct the conditions alleged:
(1) The facility is operating without a license;
(2) The facility has not given the department prior written notice of its intent to close and has not made arrangements within thirty days before closure for the orderly transfer of its residents: PROVIDED, That if the facility has given the department prior written notice but the department has not acted with all deliberate speed to transfer the facility's residents, this shall bar the filing of a petition under this subsection;
(3) The health, safety, or welfare of the facility's residents is immediately jeopardized;
(4) The facility demonstrates a pattern and practice of violating chapter 18.51 or 74.42 RCW and rules adopted thereunder such that the facility has demonstrated a repeated inability to maintain minimum patient care standards; or
(5) The facility demonstrates a pattern or practice of violating a condition level as defined by the federal government under the authority of Title XIX of the social security act.
The department may file a petition in the superior court in the county in which the nursing home is located or in the superior court of Thurston county. The current or former operator or licensee and the owner of the nursing home, if different than the operator or licensee, shall be made a party to the action. The court shall grant the petition if it finds, by a preponderance of the evidence, that one or more of the conditions listed in subsections (1) through (5) of this section exists and, subject to RCW 18.51.420, that the current operator is unable or unwilling to take actions necessary to immediately correct the conditions.
[ 1989 c 372 § 10; 1987 c 476 § 10.]
Structure Revised Code of Washington
Title 18 - Businesses and Professions
Chapter 18.51 - Nursing Homes.
18.51.007 - Legislative intent.
18.51.040 - Application for license.
18.51.050 - License—Issuance, renewal—Fee—Display.
18.51.054 - Denial of license.
18.51.060 - Penalties—Grounds.
18.51.062 - Temporary managers—Department shall indemnify, defend, and hold harmless.
18.51.065 - Penalties—Hearing (as amended by 1989 c 175).
18.51.067 - License suspension—Noncompliance with support order—Reissuance.
18.51.095 - Resident contact information—Department requirements and duties.
18.51.140 - Fire protection—Duties of chief of the Washington state patrol.
18.51.145 - Building inspections—Authority of chief of the Washington state patrol.
18.51.150 - Operating without license—Penalty.
18.51.160 - Operating without license—Injunction.
18.51.180 - Outpatient services—Authorized—Defined.
18.51.185 - Outpatient services—Cost studies—Vendor rates.
18.51.190 - Complaint of violation—Request for inspection—Notice—Confidentiality.
18.51.200 - Preliminary review of complaint—On-site investigation.
18.51.210 - Authority to enter and inspect nursing home—Advance notice—Defense.
18.51.220 - Retaliation or discrimination against complainant prohibited, penalty—Presumption.
18.51.230 - Periodic general inspection—Emergency rules.
18.51.240 - Alterations or additions—Preliminary inspection and approval.
18.51.250 - Nursing homes without violations—Public agencies notified—Priority.
18.51.260 - Posting citations for violation of RCW 18.51.060.
18.51.270 - Annual report of citations—Publication—Contents.
18.51.280 - Chapter cumulative.
18.51.290 - Writings as public records.
18.51.300 - Retention and preservation of records of patients.
18.51.310 - Comprehensive plan for utilization review—Licensing standards—Regulations.
18.51.320 - Contact with animals—Rules.
18.51.350 - Conflict with federal requirements.
18.51.400 - Receivership—Legislative findings.
18.51.410 - Receivership—Petition to establish—Grounds.
18.51.420 - Receivership—Defenses to petition.
18.51.430 - Receivership—Persons qualified to act as receiver.
18.51.440 - Receivership—Judicial hearing.
18.51.450 - Receivership—Appointment of receiver.
18.51.460 - Receivership—Termination—Conditions.
18.51.470 - Receivership—Accounting of acts and expenditures by receiver.
18.51.480 - Receivership—Compensation, liability—Revision of medicaid reimbursement rate.
18.51.490 - Receivership—Powers of receiver.
18.51.500 - Receivership—Financial assistance—Use of revenues and proceeds of facility.
18.51.510 - Receivership—State medical assistance.
18.51.520 - Receivership—Foreclosures and seizures not allowed.
18.51.530 - Notice of change of ownership or management.
18.51.540 - Cost disclosure to attending physicians.
18.51.550 - Investigation of complaints of violations concerning nursing technicians.
18.51.560 - Employment of physicians.
18.51.570 - Employment—Certificates of parental improvement.
18.51.575 - Communication system—Telephones and other equipment.
18.51.580 - Disaster preparedness plan.
18.51.920 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.