WSR 14-19-071

PERMANENT RULES

[Filed September 12, 2014, 3:44 p.m., effective October 13, 2014]

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

Purpose: The department is adopting these rules as a result of 3ESSB 5034. These rules will provide licensing requirements for enhanced services facilities. The legislature has directed that residents be placed in enhanced services facilities in 2014.

Statutory Authority for Adoption: Chapter 70.97 RCW.

Adopted under notice filed as WSR 14-12-081 on June 3, 2014.

Changes Other than Editing from Proposed to Adopted Version: The changes are shown with new language underlined and deleted "text" lined through.

WAC 388-107-0001:

"Applicant" means the person individual or entity.

"Licensee" means the person individual or entity.

WAC 388-107-0200 Quality of care:

(3)(j) Special needs, including but not limited to.

(iii) Colostomy, ureterostomy urostomy.

WAC 388-107-0250:

(2)(c) Meets the long-term worker training and certification requirements of as described in chapter 388-112 WAC.

WAC 388-107-0320:

(2) The enhanced services facility must ensure residents receive their medications as prescribed, subject to the resident's right to refuse as described in this chapter.

WAC 388-107-0360 Medication refusal—Antipsychotics:

WAC 388-107-0560 Resident records—Clinical records:

(3) Maintain resident records and preserve their confidentiality in accordance with the applicable state and federal statutes and rules, including chapters 70.02 and 70.129 70.96A RCW.

WAC 388-107-1320 Annual renewal:

To renew an enhanced services facility license, the enhanced services facility must, submit a completed when renewal of license renewal application on forms designated by notification is received, submit the department annual license fee, at least thirty days prior to the license expiration date.

WAC 388-107-1432 Circumstances that may result in enforcement remedies:

(c) Failed or refused to comply with the requirements of chapter 70.97 18.20 RCW, applicable provisions of chapters 70.96A and 71.05 70.129 RCW or this chapter;

WAC 388-107-1150 Application process:

(f) Submit verification that construction plans have been approved by construction review services and verify that the department has received an approved inspection by the state fire marshal.

WAC 388-107-1050 Unlicensed operations—Application of Consumer Protection Act:

Operation of a facility without a license in violation of this chapter and discrimination against Medicaid recipients are is a matter vitally affecting the public interest for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW.

WAC 388-107-0630 Training and home care aide certification requirements:

(1) Under RCW 18.88B.041 and chapter 246-980 WAC, certain individuals including registered nurses, licensed practical nurses, certified nursing assistants, or persons who are in an approved certified nursing assistant program are exempt form [from] long-term care worker training requirements.

(2) Continuing education requirements are outlined in chapter 388-112 WAC; registered nurses and licensed practical nurses are exempt from the long-term care worker continuing education requirement.

(3) The enhanced services facility must ensure staff persons meet training requirements in effect on the date hired, including requirements described in chapter 388-112 WAC, unless exempt under RCW 18.88B.041.

(4) The enhanced services facility must ensure all enhanced services facility administrators, or their designees, and caregivers who are not exempt under subsection (1) of this section meet the long-term care worker training requirements of chapter 388-112 WAC, including but not limited to:

WAC 388-107-0710:

(3) If the facility does construction to meet enhanced services facility requirements.

WAC 388-107-1390 Change in licensee/change of ownership—Relinquishment of license:

(1) On the effective date of the change in licensee, the current enhanced services facility licensee is required to relinquish its their enhanced service facility license.

WAC 388-107-1440 Enforcement orders—Hearings:

(3) Subject to the requirements of subsection (2) of this section, all hearings under this chapter and judicial review of such determinations must be in accordance with the Administrative Procedure Act, chapter 34.05 RCW and chapter 388-02 WAC.

WAC 388-107-1580 Policies and procedures:

(3)(v)(i) Medication refusals, including refusals of court ordered medication.

WAC 388-107-1500 Disputing a preliminary finding:

(3) The office of administrative hearings must receive the individual's written request for an administrative hearing within thirty calendar days of the date of mailing of the notice of the preliminary finding; except under the circumstances described in subsection.

A final cost-benefit analysis is available by contacting Melissa G. Lovell, P.O. Box 45600, Olympia, WA 98513, phone (360) 725-2408, fax (360) 438-7903, e-mail Melissa.lovell@dshs.wa.gov.

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 179, Amended 0, 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 179, Amended 0, Repealed 0.

Date Adopted: September 11, 2014.

Kevin Quigley

Secretary