WSR 12-14-051

PERMANENT RULES

DEPARTMENT OF HEALTH


(Board of Nursing Home Administrators)

[ Filed June 28, 2012, 12:06 p.m. , effective July 29, 2012 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 246-843-010 clarifies that the standards for nursing home administrators do not change even when the licensed nursing facility converts some of its beds to assisted living. WAC 246-843-205 links the standards of conduct for an on-site full-time administrator to this definition.

Citation of Existing Rules Affected by this Order: Amending WAC 246-843-010 and 246-843-205.

Statutory Authority for Adoption: Chapter 366, Laws of 2011, RCW 18.52.030.

Adopted under notice filed as WSR 12-06-061 on March 5, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: May 4, 2012.

Blake T. Maresh

Executive Director

OTS-4534.1


AMENDATORY SECTION(Amending WSR 00-01-071, filed 12/13/99, effective 1/13/00)

WAC 246-843-010   General definitions.   Terms used in these rules have the following meanings:

(1) "On-site, full-time administrator" is an individual in active administrative charge of one nursing home facility or collocated facilities, as licensed under chapter 18.51 RCW, a minimum of four days and an average of forty hours per week. ((Exception:)) An "on-site, full-time administrator" in nursing homes with small resident populations, ((or)) in rural areas, or in nursing homes with small resident populations when the nursing home has converted some of its licensed nursing facility bed capacity for use as assisted living or enhanced assisted living services under chapter 74.39A RCW is an individual in active administrative charge of one nursing home facility, or collocated facilities, as licensed under chapter 18.51 RCW:

(a) A minimum of four days and an average of twenty hours per week at facilities with one to thirty nursing home beds; or

(b) A minimum of four days and an average of thirty hours per week at facilities with thirty-one to forty-nine nursing home beds.

(2) "Active administrative charge" is direct participation in the operating concerns of a nursing home. Operating concerns include, but are not limited to, interaction with staff and residents, liaison with the community, liaison with regulatory agencies, pertinent business and financial responsibilities, planning and other activities as identified in the most current job analysis published by the National Association of Boards of Examiners for Long-Term Care Administrators.

(3) "Person" means an individual and does not include the terms firm, corporation, institutions, public bodies, joint stock associations, and other such entities.

(4) "Nursing home administrator-in-training" means an individual in an administrator-in-training program approved by the board.

(5) "Secretary" means the secretary of the department of health or the secretary's designee.

(6) "Collocated facilities" means more than one licensed nursing facility situated on a contiguous or adjacent property, whether or not there are intersecting streets. Other criteria to qualify as a collocated facility would be determined by the nursing home licensing agency under chapter 18.51 RCW.

(7) "Recognized institution of higher learning" means an accredited degree granting institution in the United States or outside the United States that is listed in the directory of accredited institutions of postsecondary education published by the American Council on Education.

[Statutory Authority: Chapters 18.52 and 34.05 RCW. 00-01-071, 246-843-010, filed 12/13/99, effective 1/13/00. Statutory Authority: RCW 18.52.061. 95-07-128, 246-843-010, filed 3/22/95, effective 4/22/95; 93-13-004 (Order 371B), 246-843-010, filed 6/3/93, effective 7/4/93. Statutory Authority: RCW 18.52.100. 91-24-050 (Order 217B), 246-843-010, filed 11/27/91, effective 12/28/91; 91-06-060 (Order 141B), recodified as 246-843-010, filed 3/1/91, effective 4/1/91. Statutory Authority: RCW 18.52.100(14). 87-02-008 (Order PM 633), 308-54-020, filed 12/29/86; Order PL 107, 308-54-020, filed 3/3/71.]


AMENDATORY SECTION(Amending WSR 00-01-067, filed 12/13/99, effective 1/13/00)

WAC 246-843-205   Standards of conduct.   Licensed nursing home administrators shall be on-site full time as defined in WAC 246-843-010(1) and in active administrative charge of the licensed nursing home, as licensed under chapter 18.51 RCW, in which they have consented to serve as administrator.

[Statutory Authority: Chapters 18.52 and 34.05 RCW. 00-01-067, 246-843-205, filed 12/13/99, effective 1/13/00. Statutory Authority: RCW 18.52.061. 95-07-128, 246-843-205, filed 3/22/95, effective 4/22/95; 93-13-004 (Order 371B), 246-843-205, filed 6/3/93, effective 7/4/93. Statutory Authority: RCW 18.52.100. 91-24-050 (Order 217B), 246-843-205, filed 11/27/91, effective 12/28/91; 91-06-060 (Order 141B), recodified as 246-843-205, filed 3/1/91, effective 4/1/91; Order PL 164, 308-54-205, filed 3/27/74.]

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