WSR 19-06-052
EXPEDITED RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed March 4, 2019, 3:10 p.m.]
Title of Rule and Other Identifying Information: The department is amending WAC 388-78A-2460 Quality assurance committee.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The change is necessary to correct a typographical error by removing the word "not" in subsection (4) to be consistent with RCW
18.20.390.
Reasons Supporting Proposal: The change is necessary to assure compliance with requirements of RCW
18.20.390, which governs quality assurance committees in assisted living facilities.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jeanette K. Childress, P.O. Box 45600, Olympia, WA 98504, 360-725-2591.
This notice meets the following criteria to use the expedited adoption process for these rules:
Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
Content is explicitly and specifically dictated by statute.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jeanette K. Childress, DSHS/ALTSA/RCS, P.O. Box 45600, Olympia, WA 98504, phone 360-725-2591, email Jeanette.Childress@dshs.wa.gov, AND RECEIVED BY 5:00 p.m., May 6, 2019.
February 28, 2019
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 14-05-035, filed 2/12/14, effective 3/15/14)
WAC 388-78A-2460Quality assurance committee.
(1) To ensure the proper delivery of services and the maintenance and improvement in quality of care through self-review, any assisted living facility licensed under this chapter may maintain a quality assurance committee that, at a minimum, includes:
(a) A licensed registered nurse under chapter
18.79 RCW;
(b) The administrator; and
(c) Three other members from the staff of the assisted living facility.
(2) When established, the quality assurance committee shall meet at least quarterly to identify issues that may adversely affect quality of care and services to residents and to develop and implement plans of action to correct identified quality concerns or deficiencies in the quality of care provided to residents.
(3) To promote quality of care through self-review without the fear of reprisal, and to enhance the objectivity of the review process, the department shall not require, and the long-term care ombuds program shall not request, disclosure of any quality assurance committee records or reports, unless the disclosure is related to the committee's compliance with this section, if:
(a) The records or reports are not maintained pursuant to statutory or regulatory mandate; and
(b) The records or reports are created for and collected and maintained by the committee.
(4) If the assisted living facility refuses to release records or reports that would otherwise be protected under this section, the department may then request only that information that is necessary to determine whether the assisted living facility has a quality assurance committee and to determine that it is operating in compliance with this section. However, if the assisted living facility offers the department documents generated by, or for, the quality assurance committee as evidence of compliance with assisted living facility requirements, the documents are ((not)) protected as quality assurance committee documents when in the possession of the department.
(5) Good faith attempts by the committee to identify and correct quality deficiencies shall not be used as a basis for sanctions.
(6) Any records that are created for and collected and maintained by the quality assurance committee shall not be discoverable or admitted into evidence in a civil action brought against an assisted living facility.
(7) Notwithstanding any records created for the quality assurance committee, the facility shall fully set forth in the resident's records, available to the resident, the department, and others as permitted by law, the facts concerning any incident of injury or loss to the resident, the steps taken by the facility to address the resident's needs, and the resident outcome.