Revised Code of Washington
Chapter 74.39A - Long-Term Care Services Options—Expansion.
74.39A.080 - Department authority to take actions in response to noncompliance or violations.

RCW 74.39A.080
Department authority to take actions in response to noncompliance or violations.

(1) The department is authorized to take one or more of the actions listed in subsection (2) of this section in any case in which the department finds that a provider of assisted living services, adult residential care services, or enhanced adult residential care services has:
(a) Failed or refused to comply with the requirements of this chapter or the rules adopted under 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 license 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) When authorized by subsection (1) of this section, the department may take one or more of the following actions:
(a) Refuse to issue a contract;
(b) Impose 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;
(c) Impose civil penalties of not more than one hundred dollars per day per violation;
(d) Suspend, revoke, or refuse to renew a contract; or
(e) Suspend admissions to the facility by imposing stop placement on contracted services.
(3) When the department orders stop placement, the facility shall not admit any person admitted by contract until the stop placement order is terminated. The department may approve readmission of a resident to the facility from a hospital or nursing home during the stop placement. The department shall terminate the stop placement when: (a) The violations necessitating the stop placement have been corrected; and (b) the provider exhibits the capacity to maintain correction of the violations previously found deficient. However, if upon the revisit the department finds new violations that the department reasonably believes will result in a new stop placement, the previous stop placement shall remain in effect until the new stop placement is imposed.
After a department finding of a violation for which a stop placement has been imposed, the department shall make an on-site revisit of the provider within fifteen working days from the request for revisit, to ensure correction of the violation. For violations that are serious or recurring or uncorrected following a previous citation, and create actual or threatened harm to one or more residents' well-being, including violations of residents' rights, the department shall make an on-site revisit as soon as appropriate to ensure correction of the violation. Verification of correction of all other violations may be made by either a department on-site revisit or by written or photographic documentation found by the department to be credible. This subsection does not prevent the department from enforcing license suspensions or revocations. Nothing in this subsection shall interfere with or diminish the department's authority and duty to ensure that the provider adequately cares for residents, including to make departmental on-site revisits as needed to ensure that the provider protects residents, and to enforce compliance with this chapter.
(4) Chapter 34.05 RCW applies to department actions under this section, except that orders of the department imposing contracts suspension, stop placement, or conditions for continuation of a contract are effective immediately upon notice and shall continue pending any hearing.

[ 2001 c 193 § 3; 1996 c 193 § 1; 1995 1st sp.s. c 18 § 17.]
NOTES:

Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.

Structure Revised Code of Washington

Revised Code of Washington

Title 74 - Public Assistance

Chapter 74.39A - Long-Term Care Services Options—Expansion.

74.39A.005 - Findings.

74.39A.007 - Purpose and intent.

74.39A.009 - Definitions.

74.39A.010 - Assisted living services and enhanced adult residential care—Contracts—Rules.

74.39A.020 - Adult residential care—Contracts—Rules.

74.39A.030 - Expansion of home and community services—Payment rates.

74.39A.032 - Medicaid payment methodology for certain contracted assisted living facilities—Established by rule—Required components.

74.39A.035 - Expansion of nutrition services through the meals on wheels program.

74.39A.040 - Department assessment of and assistance to hospital patients in need of long-term care.

74.39A.051 - Quality improvement principles.

74.39A.056 - Background checks on long-term care workers.

74.39A.058 - Long-term care workforce work group.

74.39A.060 - Toll-free telephone number for complaints—Investigation and referral—Rules—Discrimination or retaliation prohibited.

74.39A.070 - Rules for qualifications and training requirements—Requirement that contractors comply with federal and state regulations.

74.39A.074 - Training requirements for long-term care workers—Rules.

74.39A.076 - Training requirements for individual providers caring for family members.

74.39A.078 - Rules for the approval of curricula for facility-based caregivers serving persons with behavioral health needs and geriatric behavioral health workers—Curricula requirements.

74.39A.080 - Department authority to take actions in response to noncompliance or violations.

74.39A.086 - Enforcement actions against persons not certified as home care aides and their employers—Rule-making authority.

74.39A.090 - Discharge planning—Contracts for case management services and reassessment and reauthorization—Assessment of case management roles and quality of in-home care services—Plan of care model language.

74.39A.095 - Case management services—Contractual requirements—Consumers' plans of care—Notification to consumer directed employer.

74.39A.100 - Chore services—Legislative finding, intent.

74.39A.110 - Chore services—Legislative policy and intent regarding available funds—Levels of service.

74.39A.120 - Chore services—Expenditure limitation—Priorities—Rule on patient resource limit.

74.39A.130 - Chore services—Department to develop program.

74.39A.140 - Chore services—Employment of public assistance recipients.

74.39A.150 - Chore services for persons with disabilities—Eligibility.

74.39A.155 - Support for persons at risk of institutional placement.

74.39A.160 - Transfer of assets—Penalties.

74.39A.170 - Recovery of payments—Transfer of assets rules for eligibility—Disclosure of estate recovery costs, terms, and conditions.

74.39A.180 - Authority to pay for probate actions and collection of bad debts.

74.39A.200 - Training curricula, materials—In public domain—Exceptions.

74.39A.210 - Disclosure of employee information—Employer immunity—Rebuttable presumption.

74.39A.240 - Definitions.

74.39A.250 - Individual provider referral registry—Consumer directed employer duties—Department duties.

74.39A.261 - Background checks on individual providers—Department duties.

74.39A.270 - Individual providers contracted with the department—Collective bargaining—Circumstances in which individual providers are considered public employees—Exceptions—Limitations.

74.39A.275 - Individual provider overtime—Annual expenditure reports to legislature and joint legislative-executive overtime oversight task force.

74.39A.300 - Funding process—Department-contracted individual providers.

74.39A.310 - Contract for individual home care services providers—Cost of change in wages and benefits funded or increase in labor rates.

74.39A.320 - Establishment of capital add-on rate—Determination of medicaid occupancy percentage.

74.39A.326 - In-home personal care or respite services to family members—Department not authorized to pay—Exceptions—Enforcement—Rules.

74.39A.331 - Peer mentoring.

74.39A.341 - Continuing education requirements for long-term care workers.

74.39A.351 - Advanced training.

74.39A.360 - Training partnership.

74.39A.370 - Addressing long-term care complaint workload.

74.39A.380 - Internal quality review and accountability program for residential care services—Quality assurance panel—Report.

74.39A.390 - Personal care services—Glove access.

74.39A.400 - Personal care services—Community first choice option.

74.39A.500 - Consumer directed employer program—Establishment—Structure—Vendor qualifications—Transition—Department duties.

74.39A.505 - Consumer directed employer program—Rule-making authority—2018 c 278.

74.39A.510 - Consumer directed employer program—Limitations.

74.39A.515 - Duties of consumer directed employers that employ individual providers—Case management responsibilities—Rule making.

74.39A.520 - Individual providers employed by a consumer directed employer—Consumer's right to select, schedule, supervise, or dismiss individual providers.

74.39A.525 - Overtime criteria—Department-contracted individual providers—Individual providers employed by a consumer directed employer—Rule making—Expenditure reports—Joint legislative-executive overtime oversight task force.

74.39A.530 - Consumer directed employer program—Labor and administrative rates—Rate-setting board—Funding process.

74.39A.800 - Changes to agreements—Performance of duties.

74.39A.900 - Section captions—1993 c 508.

74.39A.901 - Conflict with federal requirements.

74.39A.903 - Effective date—1993 c 508.