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PDFWAC 246-341-0335

Agency licensure and certificationDenials, suspensions, revocations, and penalties.

(1) The department will deny issuing or renewing an agency's license or certification(s), place an agency on probation, or suspend, or revoke an agency's license or certification, for any of the following reasons:
(a) The agency fails to meet applicable requirements in this chapter, chapters 71.24, 71.05, 71.34, and 71.12 RCW, or RCW 41.05.750.
(b) The agency fails to cooperate or disrupts department representatives during an on-site review or complaint investigation.
(c) The agency fails to assist the department in conducting individual interviews with either staff members or individuals receiving services, or both.
(d) An agency owner, governing person of a nonprofit corporation or agency administrator:
(i) Had any license or certification issued by the department subsequently denied, suspended, revoked, or any other sanction placed upon a license;
(ii) Was convicted of child abuse or adjudicated as a perpetrator of a founded child protective services report;
(iii) Was convicted of abuse of a vulnerable adult or adjudicated as a perpetrator of substantiated abuse of a vulnerable adult. A vulnerable adult means the same as defined in RCW 74.34.020;
(iv) Obtained or attempted to obtain a health provider license, certification, or registration by fraudulent means or misrepresentation;
(v) Committed, permitted, aided or abetted the committing of an illegal act or unprofessional conduct as defined under RCW 18.130.180;
(vi) Demonstrated cruelty, abuse, negligence, misconduct, or indifference to the welfare of an individual or displayed acts of discrimination;
(vii) Misappropriated patient (individual) property or resources;
(viii) Failed to meet financial obligations or contracted service commitments that affect care of individuals;
(ix) Has a history of noncompliance with state or federal rules in an agency with which the applicant has been affiliated;
(x) Knowingly, or with reason to know, made a false statement of fact or failed to submit necessary information in:
(A) The submitted application or materials attached; or
(B) Any matter under department investigation.
(xi) Refused to allow the department access to view records, files, books, or portions of the premises relating to operation of the program;
(xii) Willfully interfered with the preservation of material information or attempted to impede the work of an authorized department representative;
(xiii) Is currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in transactions involving certain federal funds (this also applies to any person or business entity named in the agency's application for licensure or certification);
(xiv) Does not meet background check requirements;
(xv) Fails to provide satisfactory application materials; or
(xvi) Advertises the agency as certified when licensing or certification has not been granted, or has been revoked or canceled.
(e) The department determines there is imminent risk to health and safety.
(f) The agency's licensure or certification is in probationary status and the agency fails to correct the noted health and safety deficiencies within the agreed-upon time frames.
(2) The department may deny issuing or renewing an agency's license or certification(s), place an agency on probation, or suspend or revoke an agency's license or certification(s) for any of the following reasons:
(a) The agency voluntarily cancels licensure or certification(s).
(b) The agency fails to pay the required license or certification fees.
(c) The agency stops providing the services for which the agency is certified.
(d) The agency fails to notify the department before changing ownership.
(e) The agency fails to notify the department before relocating its licensed location.
(3) If the department denies, suspends, revokes, or modifies the agency's license or certification, the department will send a written notice including the reason(s) for the decision and the agency's right to appeal a department decision according to the provisions of RCW 43.70.115, chapter 34.05 RCW, and chapter 246-10 WAC.
(4) The department may summarily suspend an agency's license or certification(s) when an immediate danger to the public health, safety, or welfare requires emergency action.
(5) If an agency fails to comply with the requirements of this chapter, the department may:
(a) Assess fees to cover costs of added licensing and certification activities, including when the department determines a corrective action is required due to a complaint or incident investigation; and
(b) Notify the health care authority and the managed care organization of stopped referrals, suspensions, revocations, or nonrenewal of the agency's license or certification(s).
[Statutory Authority: RCW 71.24.037, 71.05.560, 71.34.380, 18.205.160, 43.70.080(5), 41.05.750, 43.70.250, 74.09.520, and chapters 71.05, 71.12, 71.24, and 71.34 RCW. WSR 22-24-091, § 246-341-0335, filed 12/6/22, effective 5/1/23. Statutory Authority: RCW 71.24.037, 71.05.560, 71.34.380, 18.205.160, 71.24.037 and chapters 71.05, 71.24, and 71.34 RCW. WSR 21-12-042, § 246-341-0335, filed 5/25/21, effective 7/1/21. Statutory Authority: 2018 c 201 and 2018 c 291. WSR 19-09-062, § 246-341-0335, filed 4/16/19, effective 5/17/19.]
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