WSR 19-07-033
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed March 13, 2019, 2:14 p.m., effective April 13, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-78A-2190 Activities of daily living, to assure compliance with SHB 1671 (chapter 201, Laws of 2017), which requires the term "medication assistance" to be added to the "activities of daily living" which currently includes bathing, dressing, eating, personal hygiene, transferring, toileting, and ambulation and mobility.
Citation of Rules Affected by this Order: Amending WAC 388-78A-2190.
Statutory Authority for Adoption: Chapter
18.20 RCW.
Adopted under notice filed as WSR 18-21-098 on October 16, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: March 13, 2019.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 13-13-063, filed 6/18/13, effective 7/19/13)
WAC 388-78A-2190Activities of daily living.
Assistance with activities of daily living is ((an optional))a service that the assisted living facility may provide.
(1) If an assisted living facility chooses not to provide assistance with activities of daily living:
(a) The assisted living facility must admit or retain only those residents who are independent in activities of daily living; except that
(b) A resident, or the resident's representative, may independently arrange for outside services to assist with activities of daily living.
(2) When an assisted living facility chooses to provide, either directly or indirectly, assistance with activities of daily living, the assisted living facility must provide that assistance consistent with the reasonable accommodation requirements in state and federal laws.
(3) When an assisted living facility chooses to provide, either directly or indirectly, assistance with activities of daily living, the assisted living facility must provide to each resident, consistent with the resident's assessed needs, minimal assistance with the following activities of daily living:
(a) Bathing: Minimal assistance with bathing means the assisted living facility must provide the resident with occasional:
(i) Reminding or cuing to wash and dry all areas of the body as needed;
(ii) Stand-by assistance getting into and out of the tub or shower; and
(iii) Physical assistance limited to steadying the resident during the activity.
(b) Dressing: Minimal assistance with dressing means the assisted living facility must provide the resident with occasional:
(i) Reminding or cuing to put on, take off, or lay out clothing, including prostheses when the assistance of a licensed nurse is not required;
(ii) Stand-by assistance during the activity; and
(iii) Physical assistance limited to steadying the resident during the activity.
(c) Eating: Minimal assistance with eating means the assisted living facility must provide the resident with occasional:
(i) Reminding or cuing to eat and drink; and
(ii) Physical assistance limited to cutting food up, preparing food and beverages, and bringing food and fluids to the resident.
(d) Personal hygiene: Minimal assistance with personal hygiene means the assisted living facility must provide the resident with occasional:
(i) Reminding and cuing to comb hair, perform oral care and brush teeth, shave, apply makeup, and wash and dry face, hands and other areas of the body;
(ii) Stand-by assistance during the activity; and
(iii) Physical assistance limited to steadying the resident during the activity.
(e) Transferring: Minimal assistance in transferring means the assisted living facility must provide the resident with occasional:
(i) Reminders or cuing to move between surfaces, for example to and from the bed, chair and standing;
(ii) Stand-by assistance during the activity; and
(iii) Physical assistance limited to steadying the resident during self-transfers.
(f) Toileting: Minimal assistance in toileting means the assisted living facility must provide the resident with occasional:
(i) Reminders and cuing to toilet, including resident self-care of ostomy or catheter, to wipe and cleanse, and to change and adjust clothing, protective garments and pads;
(ii) Stand-by assistance during the activity; and
(iii) Physical assistance limited to steadying the resident during the activity.
(g) Mobility: Minimal assistance in mobility means the assisted living facility must provide the resident with occasional:
(i) Reminding or cuing to move between locations on the assisted living facility premises;
(ii) Stand-by assistance during the activity; and
(iii) Physical assistance limited to steadying the resident during the activity; and
(h) Medication assistance: As defined in RCW 69.41.010.
(4) The assisted living facility may choose to provide more than minimal assistance with activities of daily living consistent with state and federal law.