WSR 19-21-006
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed October 3, 2019, 12:54 p.m., effective November 3, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-97-4425, 388-97-4430 and 388-97-4440, to clarify that notices can be delivered and proof of service can be obtained electronically through the federal website, and to clarify the nursing home's right to appeal WAC deficiency findings under the state appeal process, regardless of the delivery method of the deficiency report.
Citation of Rules Affected by this Order: Amending WAC 388-97-4425, 388-97-4430, and 388-97-4440.
Statutory Authority for Adoption: RCW 74.42.620.
Adopted under notice filed as WSR 19-14-038 on June 26, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Date Adopted: October 3, 2019.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 10-02-021, filed 12/29/09, effective 1/29/10)
WAC 388-97-4425Notice—Service complete.
Service of the department notices is complete when:
(1) Personal service is made;
(2) The notice is addressed to the facility or to the individual at his or her last known address, and deposited in the United States mail;
(3) The notice is faxed and the department receives evidence of transmission;
(4) Notice is delivered to a commercial delivery service with charges prepaid; ((or))
(5) Notice is delivered to a legal messenger service with charges prepaid((.)); or
(6) Notice is sent electronically, including through the federal website.
AMENDATORY SECTION(Amending WSR 10-02-021, filed 12/29/09, effective 1/29/10)
WAC 388-97-4430Notice—Proof of service.
The department may establish proof of service by any of the following:
(1) A declaration of personal service;
(2) An affidavit or certificate of mailing to the nursing home or to the individual to whom the notice is directed;
(3) A signed receipt from the person who accepted the certified mail, the commercial delivery service, or the legal messenger service package; ((or))
(4) Proof of fax transmission((.)); or
(5) Proof of electronic transmission.
AMENDATORY SECTION(Amending WSR 10-02-021, filed 12/29/09, effective 1/29/10)
WAC 388-97-4440Appeal rights.
(1) The appeal rights in this section apply to any appealable action taken by the department under chapters 18.51, 74.42 and 74.39A RCW. Notice and appeal requirements for resident protection program findings are described in WAC 388-97-0720 and 388-97-0740.
(2) The following actions may be appealed:
(a) Imposition of a penalty under RCW 18.51.060 or 74.42.580;
(b) A denial of a license under RCW 18.51.054, a license suspension under RCW 18.51.067 or a condition on a license under RCW 74.39A.050; or
(c) Deficiencies cited on the state survey report and any other deficiencies cited under state law.
(3) The appeal process will be governed by the Administrative Procedure Act (chapter 34.05 RCW), RCW 18.51.065 and 74.42.580, chapter 388-02 WAC and this chapter. If there is a conflict between chapter 388-02 WAC and this chapter, this chapter will govern.
(4) The purpose of an administrative hearing will be to review actions taken by the department under chapters 18.51, 74.42 or 74.39A RCW, and under this chapter.
(5) The office of administrative hearings must receive an administrative hearing request from the applicant, licensee, or nursing home within twenty days of receipt of written notification of the department's action listed in subsection (2) of this section. Further information about administrative hearings is available in chapter 388-02 WAC and at the office of administrative hearings (OAH) web site: www.oah.wa.gov.
(6) Orders of the department imposing a stop placement, license suspension, emergency closure, emergency transfer of residents, temporary management, or conditions on a license are effective immediately upon verbal or written notice and must remain in effect until they are rescinded by the department or through the state administrative appeals process.
(7) Federal deficiencies cited on the federal survey report may not be appealed through the state administrative appeals process. If a federal remedy is imposed, the Centers for Medicare and Medicaid Services will notify the nursing facility of appeal rights under the federal administrative appeals process.