SOCIAL AND HEALTH SERVICES
(Aging and Long-Term Support Administration)
[Filed June 25, 2019, 9:19 a.m., effective July 26, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending WAC 388-78A-2460 Quality assurance committee, to assure compliance with requirements of RCW 18.20.390
, which governs quality assurance committees in assisted living facilities.
Citation of Rules Affected by this Order: Amending WAC 388-78A-2460.
Adopted under notice filed as WSR 19-06-052 on March 4, 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: June 24, 2019.
Katherine I. Vasquez
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
(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.