Chapter 388-97 WAC:

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Chapter 388-97 WAC

Last Update: 3/7/24

NURSING HOMES

WAC Sections

SUBCHAPTER I RESIDENT RIGHTS, CARE AND RELATED SERVICES Definitions
HTML PDF	388-97-0001	Definitions.
Admission, Transfer and Discharge
HTML PDF	388-97-0020	Nursing facility care.
HTML PDF	388-97-0040	Discrimination prohibited.
HTML PDF	388-97-0060	Nursing facility admission and payment requirements.
HTML PDF	388-97-0080	Discharge planning.
HTML PDF	388-97-0100	Utilization review.
HTML PDF	388-97-0120	Individual transfer and discharge rights and procedures.
HTML PDF	388-97-0140	Transfer and discharge appeals for resident in medicare or medicaid certified facilities.
HTML PDF	388-97-0160	Discharge or leave of a nursing facility resident.
Resident Rights
HTML PDF	388-97-0180	Resident rights.
HTML PDF	388-97-0200	Free choice.
HTML PDF	388-97-0220	Statute implemented in resident decision making, informed consent, and advance directives.
HTML PDF	388-97-0240	Resident decision making.
HTML PDF	388-97-0260	Informed consent.
HTML PDF	388-97-0280	Advance directives.
HTML PDF	388-97-0300	Notice of rights and services.
HTML PDF	388-97-03001	Notice of rights and services—Requirements in effect May 15, 2020, through May 7, 2022, in response to the state of emergency related to the COVID-19 pandemic.
HTML PDF	388-97-0320	Notification of changes.
HTML PDF	388-97-0340	Protection of resident funds.
HTML PDF	388-97-0360	Privacy and confidentiality.
HTML PDF	388-97-0380	Electronic monitoring equipment—Audio monitoring and video monitoring.
HTML PDF	388-97-0400	Electronic monitoring equipment—Resident requested use.
HTML PDF	388-97-0420	Work.
HTML PDF	388-97-0440	Self-administration of drugs.
HTML PDF	388-97-0460	Grievance rights.
HTML PDF	388-97-0480	Examination of survey results.
HTML PDF	388-97-0500	Resident mail.
HTML PDF	388-97-0520	Access and visitation rights.
HTML PDF	388-97-0540	Telephone.
HTML PDF	388-97-0560	Personal property.
HTML PDF	388-97-0580	Roommates/rooms.
HTML PDF	388-97-0600	Refusal of certain transfers.
HTML PDF	388-97-0620	Chemical and physical restraints.
HTML PDF	388-97-0640	Prevention of abuse.
HTML PDF	388-97-0660	Resident protection program definition.
HTML PDF	388-97-0680	Investigation of mandated reports.
HTML PDF	388-97-0700	Preliminary finding.
HTML PDF	388-97-0720	Notice to individual of preliminary findings.
HTML PDF	388-97-0725	Notice to others of preliminary findings.
HTML PDF	388-97-0740	Disputing a preliminary finding.
HTML PDF	388-97-0760	Hearing procedures to dispute preliminary finding.
HTML PDF	388-97-0780	Finalizing the preliminary finding.
HTML PDF	388-97-0800	Reporting final findings.
HTML PDF	388-97-0820	Appeal of administrative law judge's initial order or finding.
HTML PDF	388-97-0840	Disclosure of investigative and finding information.
Quality of Life
HTML PDF	388-97-0860	Resident dignity and accommodation of needs.
HTML PDF	388-97-0880	Environment.
HTML PDF	388-97-0900	Self determination and participation.
HTML PDF	388-97-0920	Participation in resident and family groups.
HTML PDF	388-97-0940	Activities.
HTML PDF	388-97-0960	Social services.
HTML PDF	388-97-0980	Pets.
Resident Assessment and Plan of Care
HTML PDF	388-97-1000	Resident assessment.
HTML PDF	388-97-10001	Resident assessment—Requirements in effect April 13, 2020, through May 10, 2021, in response to the state of emergency related to the COVID-19 pandemic.
HTML PDF	388-97-1020	Comprehensive plan of care.
HTML PDF	388-97-10201	Comprehensive plan of care—Requirements in effect April 13, 2020, through May 10, 2021, in response to the state of emergency related to the COVID-19 pandemic.
HTML PDF	388-97-1040	Dementia care.
Quality of Care
HTML PDF	388-97-1060	Quality of care.
Nursing Services
HTML PDF	388-97-1080	Nursing services.
HTML PDF	388-97-1090	Direct care hours.
HTML PDF	388-97-1100	Dietary services.
HTML PDF	388-97-1120	Meal provision.
HTML PDF	388-97-1140	Individual dietary needs.
HTML PDF	388-97-1160	Dietary personnel.
HTML PDF	388-97-1180	Dietary menus.
HTML PDF	388-97-1200	Dietary orders.
HTML PDF	388-97-1220	Modified diets.
HTML PDF	388-97-1240	Tube feedings.
Physician Services
HTML PDF	388-97-1260	Physician services.
HTML PDF	388-97-12601	Physician services—Requirements in effect April 28, 2020, through May 7, 2022, in response to the state of emergency related to the COVID-19 pandemic.
Specialized Habilitative and Rehabilitative Services
HTML PDF	388-97-1280	Specialized habilitative and rehabilitative services.
HTML PDF	388-97-1300	Pharmacy services.
Infection Control
HTML PDF	388-97-1320	Infection control.
HTML PDF	388-97-1340	Influenza and pneumococcal immunizations.
HTML PDF	388-97-1360	Surveillance, management and early identification of individuals with active tuberculosis.
HTML PDF	388-97-1380	Tuberculosis—Testing required.
HTML PDF	388-97-13801	Tuberculosis—Testing required—Requirements in effect January 25, 2021, through September 23, 2021, in response to the state of emergency related to the COVID-19 pandemic.
HTML PDF	388-97-1400	Tuberculosis—Testing method—Required.
HTML PDF	388-97-1440	Tuberculosis—No testing.
HTML PDF	388-97-1460	Tuberculosis—One test.
HTML PDF	388-97-1480	Tuberculosis—Two-step skin testing.
HTML PDF	388-97-1500	Tuberculosis—Positive test result.
HTML PDF	388-97-1520	Tuberculosis—Negative test result.
HTML PDF	388-97-1540	Tuberculosis—Declining a skin test.
HTML PDF	388-97-1560	Tuberculosis—Reporting—Required.
HTML PDF	388-97-1580	Tuberculosis—Test records.
HTML PDF	388-97-15801	Tuberculosis—Test records—Requirements in effect January 25, 2021, through September 23, 2021, in response to the state of emergency related to the COVID-19 pandemic.
HTML PDF	388-97-1600	Care of residents with active tuberculosis.
Administration
HTML PDF	388-97-1620	General administration.
HTML PDF	388-97-1640	Required notification and reporting.
HTML PDF	388-97-1660	Staff and equipment.
HTML PDF	388-97-1680	Staff development.
HTML PDF	388-97-1700	Medical director.
HTML PDF	388-97-1720	Clinical records.
HTML PDF	388-97-1740	Disaster and emergency preparedness.
HTML PDF	388-97-17401	Disaster and emergency preparedness—Requirements in effect June 23, 2020, through June 7, 2022, in response to the state of emergency related to the COVID-19 pandemic.
HTML PDF	388-97-1760	Quality assessment and assurance.
HTML PDF	388-97-17601	Quality assessment and assurance—Requirements in effect June 23, 2020, through May 7, 2022, in response to the state of emergency related to the COVID-19 pandemic.
HTML PDF	388-97-1780	Policies and procedures.
HTML PDF	388-97-1790	Background checks—General.
HTML PDF	388-97-1800	Criminal history disclosure and background inquiries.
HTML PDF	388-97-1820	Disqualification from nursing home employment.
HTML PDF	388-97-1840	Retaliation or discrimination prohibited.
Miscellaneous Services
HTML PDF	388-97-1860	Laundry services.
HTML PDF	388-97-1880	Short-term care, including respite services and adult day or night care.
HTML PDF	388-97-1900	Dialysis services.
Preadmission Screening and Resident Review (PASRR) in Medicaid Certified Facilities.
HTML PDF	388-97-1910	Definitions related with PASRR.
HTML PDF	388-97-1915	PASRR requirements prior to admission of new residents.
HTML PDF	388-97-1975	PASRR requirements after admission of a resident.
HTML PDF	388-97-2000	Preadmission screening and resident review (PASRR) determination and appeal rights.
Intermediate Care Facilities for the Mentally Retarded
HTML PDF	388-97-2020	Intermediate care facilities for individuals with intellectual disabilities.
SUBCHAPTER II PHYSICAL ENVIRONMENT General
HTML PDF	388-97-2040	Design.
HTML PDF	388-97-2060	New construction compliance.
HTML PDF	388-97-2080	Fire standards and approval, and other standards.
HTML PDF	388-97-2100	Maintenance and repair.
HTML PDF	388-97-2120	Noise.
HTML PDF	388-97-2140	Accessibility in new construction.
HTML PDF	388-97-2160	Types of new construction.
HTML PDF	388-97-2180	ICF/IID exceptions to physical plan requirements.
HTML PDF	388-97-2200	Emergency power.
Resident Care Unit
HTML PDF	388-97-2220	Location of the resident care unit.
HTML PDF	388-97-2240	Required service areas on resident care units.
HTML PDF	388-97-2260	Staff work stations on resident care units.
HTML PDF	388-97-2280	Call systems on resident care units.
HTML PDF	388-97-2300	Telephones on resident care units.
HTML PDF	388-97-2320	Utility service rooms on resident care units.
HTML PDF	388-97-2340	Drug facilities on resident care units.
HTML PDF	388-97-2360	Linen storage on resident care units.
HTML PDF	388-97-2380	Janitors closets on resident care units.
Resident Rooms
HTML PDF	388-97-2400	Resident rooms.
HTML PDF	388-97-24001	Resident rooms—Requirements in effect June 23, 2020, through June 7, 2022, in response to the state of emergency related to the COVID-19 pandemic.
HTML PDF	388-97-2420	Capacity of resident rooms.
HTML PDF	388-97-2440	Size of resident rooms.
HTML PDF	388-97-2460	Privacy in resident rooms.
HTML PDF	388-97-2480	Resident isolation rooms.
HTML PDF	388-97-2500	Resident room size variance.
Resident Room Equipment
HTML PDF	388-97-2520	Resident room equipment.
HTML PDF	388-97-2540	Resident bed and bedside equipment.
HTML PDF	388-97-2560	Lockable storage space in a resident room.
HTML PDF	388-97-2580	Wardrobes in a resident room.
HTML PDF	388-97-2600	Seating in a resident room.
HTML PDF	388-97-2620	Lighting in resident rooms.
HTML PDF	388-97-2640	Call signal device in resident rooms.
HTML PDF	388-97-2660	Cubicle curtains in resident rooms.
HTML PDF	388-97-2680	Miscellaneous equipment in resident rooms in a new building or addition.
Resident Toilet and Bathing Facilities
HTML PDF	388-97-2700	Resident toilet facilities or rooms.
HTML PDF	388-97-2720	Resident bathing facilities or rooms.
HTML PDF	388-97-2740	Locks in toilet and bathing facilities.
Dining, Dayrooms, and Resident Activity Areas
HTML PDF	388-97-2760	Dining, dayrooms, and resident activity areas.
Laundry Services
HTML PDF	388-97-2780	Laundry services and storage.
Dementia Care Unit
HTML PDF	388-97-2800	Dementia care unit.
HTML PDF	388-97-2820	Dining areas on a dementia care unit.
HTML PDF	388-97-2840	Outdoor areas on a dementia care unit.
HTML PDF	388-97-2860	Indoor areas on a dementia care unit.
HTML PDF	388-97-2880	Ambulation route on a dementia care unit in a new building or addition.
HTML PDF	388-97-2900	Physical plant on a dementia care unit.
HTML PDF	388-97-2920	Special egress control devices on a dementia care unit.
Specialized and Outpatient Rehabilitation
HTML PDF	388-97-2940	Specialized rehabilitation.
HTML PDF	388-97-2960	Outpatient rehabilitation.
Food Services Areas
HTML PDF	388-97-2980	Food service areas.
Storage
HTML PDF	388-97-3000	Storage of equipment.
HTML PDF	388-97-3020	Storage of resident room equipment in a new building or addition.
HTML PDF	388-97-3040	General storage in new construction.
Lighting and Electrical
HTML PDF	388-97-3060	Lighting.
HTML PDF	388-97-3080	Natural or artificial light.
HTML PDF	388-97-3100	Outside lighting.
HTML PDF	388-97-3120	Light shields.
HTML PDF	388-97-3140	Illumination levels in new buildings and additions.
HTML PDF	388-97-3160	Night lights in new construction.
HTML PDF	388-97-3180	Switches in new construction.
HTML PDF	388-97-3200	Electrical outlets.
Safety
HTML PDF	388-97-3220	Safety.
HTML PDF	388-97-3240	Safety—Poisons and nonmedical chemicals.
HTML PDF	388-97-3260	Safety—Storage of equipment and supplies.
HTML PDF	388-97-3280	Safety—Handrails.
Water Supply
HTML PDF	388-97-3300	Water supply.
HTML PDF	388-97-3320	Hot water.
HTML PDF	388-97-3340	Cross connections.
Pest Control and Sewage and Waste Disposal
HTML PDF	388-97-3360	Pest control.
HTML PDF	388-97-3380	Sewage and liquid waste disposal.
New Construction Documents
HTML PDF	388-97-3400	General new construction documents.
HTML PDF	388-97-3420	Preliminary new construction documents.
HTML PDF	388-97-3440	Final new construction documents.
HTML PDF	388-97-3460	Preinstallation submissions for new construction.
HTML PDF	388-97-3480	New construction timelines.
HTML PDF	388-97-3500	Exemptions to new construction requirements.
Codes and Standards in New Construction
HTML PDF	388-97-3520	State building code in new construction.
HTML PDF	388-97-3540	Electrical codes and standards in new construction.
HTML PDF	388-97-3560	Elevator codes in new construction.
HTML PDF	388-97-3580	Local codes and ordinances in new construction.
Administration and Public Areas in New Construction
HTML PDF	388-97-3600	Entrances and exits in new construction.
HTML PDF	388-97-3620	Lobbies in new construction.
HTML PDF	388-97-3640	Interview space in new construction.
HTML PDF	388-97-3660	Offices in new construction.
HTML PDF	388-97-3680	Inservice education space in new construction.
HTML PDF	388-97-3700	Staff areas in new construction.
Visiting, Private, and Outdoor Recreation Space and Walkways in New Construction
HTML PDF	388-97-3720	Visiting and private space in new construction.
HTML PDF	388-97-3740	Outdoor recreation space and walkways in new construction.
Pools and Pharmacies in New Construction
HTML PDF	388-97-3760	Pools in new construction.
HTML PDF	388-97-3780	Pharmacies in new construction.
General Design Requirements in New Construction
HTML PDF	388-97-3800	Elevators in new construction.
HTML PDF	388-97-3840	Walking surfaces in a new building or addition.
HTML PDF	388-97-3860	Doors in new construction.
HTML PDF	388-97-3880	Floor finishes in new construction.
HTML PDF	388-97-3900	Carpets in new construction.
HTML PDF	388-97-3920	Coving in new construction.
HTML PDF	388-97-3940	Walls in new construction.
HTML PDF	388-97-3960	Accessories in new construction.
HTML PDF	388-97-3980	Miscellaneous in new construction.
Heating, Ventilation, and Air Conditioning Systems in New Construction
HTML PDF	388-97-4000	Heating systems in new construction.
HTML PDF	388-97-4020	Cooling systems in new construction.
HTML PDF	388-97-4040	Ventilation systems in new construction.
Plumbing and Fixtures in New Construction
HTML PDF	388-97-4060	Handwashing sinks in new construction.
HTML PDF	388-97-4080	Drinking fountains in new construction.
HTML PDF	388-97-4100	Mixing valves or mixing faucets in new construction.
HTML PDF	388-97-4120	Spouts in new construction.
HTML PDF	388-97-4140	Faucet controls in new construction.
SUBCHAPTER III NURSING HOME LICENSE Initial License Application
HTML PDF	388-97-4160	Initial nursing home license.
HTML PDF	388-97-4166	Liability insurance required.
HTML PDF	388-97-4167	Liability insurance required—Commercial general liability insurance or business liability insurance coverage.
HTML PDF	388-97-4168	Liability insurance required—Professional liability insurance coverage.
License Renewal
HTML PDF	388-97-4180	Nursing home license renewal.
Department Review of License Applications and Appeals
HTML PDF	388-97-4200	Department review of initial nursing home license applications.
HTML PDF	388-97-4220	Reasons for denial, suspension, modification, revocation of, or refusal to renew a nursing home license.
HTML PDF	388-97-4240	Appeal of the department's licensing decision.
Management Agreements and Changes of Ownership
HTML PDF	388-97-4260	Management agreements.
HTML PDF	388-97-4280	Change of ownership.
Licensed Bed Capacity, Relocation of Residents and License Relinquishment
HTML PDF	388-97-4300	Licensed bed capacity.
HTML PDF	388-97-4320	Relocation of residents.
HTML PDF	388-97-4340	License relinquishment.
SUBCHAPTER IV NURSING HOME LICENSURE PROGRAM ADMINISTRATION
HTML PDF	388-97-4360	Inspections and deficiency citation report.
HTML PDF	388-97-4361	Inspection timelines.
HTML PDF	388-97-4380	Plan of correction.
HTML PDF	388-97-4400	Acceptable and unacceptable plans of correction.
HTML PDF	388-97-4420	Informal department review.
HTML PDF	388-97-4425	Notice—Service complete.
HTML PDF	388-97-4430	Notice—Proof of service.
HTML PDF	388-97-4440	Appeal rights.
HTML PDF	388-97-4460	Remedies.
HTML PDF	388-97-4480	Criteria for imposing optional remedies.
HTML PDF	388-97-4500	Severity and scope of deficiencies.
HTML PDF	388-97-4520	Separate deficiencies—Separate remedies.
HTML PDF	388-97-4540	Stop placement.
HTML PDF	388-97-4560	Amount of civil fine.
HTML PDF	388-97-4580	Civil fine accrual and due dates and interest.
HTML PDF	388-97-4600	Civil penalty fund.
HTML PDF	388-97-4620	Temporary management.
HTML PDF	388-97-4640	Receivership.
HTML PDF	388-97-4660	Temporary managers and receivers—Application.
HTML PDF	388-97-4680	Temporary managers and receivers—Considerations before appointment.
HTML PDF	388-97-4700	Duties and powers of temporary manager and receiver.
HTML PDF	388-97-4720	Termination of temporary management and receivership.

DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE


388-97-005	Definitions. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-005, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-005, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-005, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-010	License—Application. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-010, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-012	Nursing facility care. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-012, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-015	License—Qualification. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-015, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-017	Discrimination prohibited. [Statutory Authority: RCW 18.51.070, 74.42.620, and 2004 c 34. WSR 04-20-055, § 388-97-017, filed 10/1/04, effective 11/1/04. Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-017, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-020	Nursing home fees. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-020, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-022	Medical eligibility for nursing facility care. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-022, filed 2/24/00, effective 3/26/00.] Repealed by WSR 00-22-018, filed 10/20/00, effective 10/31/00. Statutory Authority: RCW 74.39A.040, 74.42.056.
388-97-025	License capacity. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-025, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-027	Nursing facility admission and payment requirements. [Statutory Authority: RCW 74.39A.040, 74.42.056. WSR 00-22-018, § 388-97-027, filed 10/20/00, effective 10/31/00. Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-027, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-030	Change of ownership. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-030, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-032	Discharge planning. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-032, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-035	Change in administrator or director of nursing services. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-035, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-037	Utilization review. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-037, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-040	Name of nursing home. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-040, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-042	Individual transfer and discharge rights and procedures. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-042, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-043	Transfer and discharge appeals for residents in medicare or medicaid certified facilities. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-043, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-043, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-045	License relinquishment upon closure. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-045, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-047	Discharge or leave of a nursing facility resident. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-047, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-050	License denial, modification, nonrenewal, revocation. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-050, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-051	Resident rights. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-051, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-052	Free choice. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-052, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-053	Statutes implemented in resident decision making, informed consent and advance directives. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-053, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-055	Resident decision making. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-055, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-055, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-060	Informed consent. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-060, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-060, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-065	Advance directives. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-065, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-065, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-070	Resident rights. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-070, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-07005	Notice of rights and services. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-07005, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-07005, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07010	Notification of changes. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-07010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07015	Protection of resident funds. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-07015, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07020	Privacy and confidentiality. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-07020, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07025	Work. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-07025, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07030	Self-administration of drugs. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-07030, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07035	Grievance rights. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-07035, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07040	Examination of survey results. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-07040, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-07040, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07045	Resident mail. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-07045, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07050	Access and visitation rights. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-07050, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-07050, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07055	Telephone. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-07055, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07060	Personal property. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-07060, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07065	Roommates/rooms. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-07065, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-07070	Refusal of certain transfers. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-07070, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-075	Chemical and physical restraints. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-075, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-075, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-076	Prevention of abuse. [Statutory Authority: RCW 74.34.165, 74.34.020, 74.34.035, 2003 c 230. WSR 03-23-021, § 388-97-076, filed 11/10/03, effective 12/11/03. Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-076, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-076, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-077	Resident protection program. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-077, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-080	Quality of life. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-080, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-08010	Resident dignity and accommodation of needs. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-08010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-08020	Environment. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-08020, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-08030	Self-determination and participation. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-08030, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-08040	Participation in resident and family groups. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-08040, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-08050	Activities. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-08050, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-08060	Social services. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-08060, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-08070	Pets. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-08070, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-085	Resident assessment. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-085, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-085, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-090	Comprehensive plan of care. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-090, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-090, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-095	Dementia care unit. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-095, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-097	Dementia care. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-097, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-100	Discharge planning. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-100, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-105	Relocation due to decertification, license revocation closure, evacuation. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-105, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-110	Quality of care. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-110, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-110, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-115	Nursing services. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-115, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-115, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-120	Dietary services. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-120, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-120, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-12010	Meal provision. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-12010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-12020	Individual dietary needs. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-12020, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-12030	Dietary personnel. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-12030, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-12040	Dietary menus. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-12040, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-12050	Diet orders. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-12050, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-12060	Modified diets. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-12060, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-12070	Tube feedings. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-12070, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-125	Physician services. [Statutory Authority: RCW 18.51.070, 74.42.620, 74.42.200 and 42 C.F.R. 483.40. WSR 04-23-085, § 388-97-125, filed 11/16/04, effective 12/17/04. Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-125, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-125, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-130	Specialized habilitative and rehabilitative services. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-130, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-130, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-135	Pharmacy services. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-135, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-135, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-140	Infection control. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-140, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-140, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-1420	Tuberculosis—Mantoux skin testing. [Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-1420, filed 9/24/08, effective 11/1/08.] Repealed by WSR 10-02-021, filed 12/29/09, effective 1/29/10. Statutory Authority: Chapters 18.51 and 74.42 RCW.
388-97-143	Influenza and pneumococcal immunizations. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-23-030, § 388-97-143, filed 11/12/02, effective 12/13/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-145	Early identification of persons with active tuberculosis. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-145, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-147	Surveillance, management and early identification of individuals with active tuberculosis. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-147, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-150	Surveillance and management of tuberculosis. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-150, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-155	Care of residents with active tuberculosis. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-155, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-155, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-160	General administration. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-160, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-160, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-160, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-162	Required notification and reporting. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-162, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-162, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-165	Staff and equipment. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-165, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-165, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-170	Staff development. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-170, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-170, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-175	Medical director. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-175, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-175, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-180	Clinical records. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-180, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-180, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-180, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-185	Disaster and emergency preparedness. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-185, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-185, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-190	Quality assessment and assurance. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-190, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-190, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-1920	Preadmission screening—Level I. [Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-1920, filed 9/24/08, effective 11/1/08.] Repealed by WSR 15-18-026, filed 8/25/15, effective 9/25/15. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. § 483.100-138.
388-97-1940	Advanced categorical determinations, not subject to preadmission screening—Level II. [Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-1940, filed 9/24/08, effective 11/1/08.] Repealed by WSR 15-18-026, filed 8/25/15, effective 9/25/15. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. § 483.100-138.
388-97-195	Policies and procedures. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-195, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-195, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-1960	Preadmission screening—Level II. [Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-1960, filed 9/24/08, effective 11/1/08.] Repealed by WSR 15-18-026, filed 8/25/15, effective 9/25/15. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. § 483.100-138.
388-97-1980	Resident review. [Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-1980, filed 9/24/08, effective 11/1/08.] Repealed by WSR 15-18-026, filed 8/25/15, effective 9/25/15. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. § 483.100-138.
388-97-200	Criminal history disclosure and background inquiries. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-200, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-202	Criminal history disclosure and background inquiries. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-202, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-202, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-203	Disqualification from nursing home employment. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-203, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-204	Retaliation or discrimination prohibited. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-204, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-205	Laundry services. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-205, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-205, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-205, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-210	Respite services. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-210, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-212	Short-term care, including respite services and adult day or night care. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-212, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-215	Adult day or night care. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-215, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-220	Dialysis services. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-220, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-220, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-225	Nursing facility care. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-225, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-230	Discrimination prohibited. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-230, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-235	Medical eligibility for nursing facility care. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-235, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-240	Nursing facility admission. [Statutory Authority: 1995 c 18, RCW 18.51.070, 74.42.620 and 74.42.056. WSR 95-24-019 (Order 3922), § 388-97-240, filed 11/22/95, effective 12/23/95. Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-240, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-245	Pre-admission screening. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-245, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-247	Preadmission screening—Level I. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-247, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-249	Advanced categorical determinations, not subject to preadmission screening—Level II. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-249, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-250	Identification screening for current residents. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-250, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-251	Preadmission screening—Level II. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-251, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-253	Resident review. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-253, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-255	Pre-admission screening and annual resident review (PASARR). [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-255, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-260	Preadmission screening and resident review (PASRR) determination and appeal rights. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-260, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-260, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-260, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-265	Utilization review. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-265, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-270	Individual transfer and discharge rights, procedures, appeals. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-270, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-275	Resident assessment instrument. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-275, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-280	Discharge or leave of a nursing facility resident. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-280, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-285	Intermediate care facilities for the mentally retarded (ICF/MR). [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-285, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-285, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-295	Design. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-295, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-295, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-29510	New construction compliance. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-29510, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-29520	Fire standards and approval, and other standards. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-29520, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-29530	Maintenance and repair. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-29530, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-29540	Noise. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-29540, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-29550	Accessibility in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-29550, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-29560	Types of new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-29560, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-300	Fire standards and approval. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-300, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-305	Other standards. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-305, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-310	ICF/MR exceptions to physical plant requirements. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-310, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-310, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-315	Emergency power. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-315, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-315, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-320	Space and equipment. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-320, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-325	Location of the resident care unit. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-325, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-325, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-32510	Required service areas on resident care units. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-32510, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-32520	Staff work stations on resident care units. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-32520, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-32530	Call systems on resident care units. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-32530, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-32540	Telephones on resident care units. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-32540, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-32550	Utility service rooms on resident care units. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-32550, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-32560	Drug facilities on resident care units. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-32560, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-32570	Linen storage on resident care units. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-32570, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-32580	Janitors closets on resident care units. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-32580, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-330	Resident rooms. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-330, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-330, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33010	Capacity of resident rooms. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33020	Size of resident rooms. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33020, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33030	Privacy in resident rooms. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33030, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33040	Resident isolation rooms. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33040, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33050	Resident room size variance. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33050, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-335	Resident room equipment. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-335, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-335, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33510	Resident bed and bedside equipment. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33510, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33520	Lockable storage space in a resident room. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33520, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33530	Wardrobes in a resident room. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33530, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33540	Seating in a resident room. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33540, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33550	Lighting in resident rooms. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33550, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33560	Call signal device in resident rooms. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33560, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33570	Cubicle curtains in resident rooms. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33570, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-33580	Miscellaneous equipment in resident rooms in a new building or addition. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-33580, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-340	Resident toilet facilities or rooms. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-340, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-340, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-34010	Resident bathing facilities or rooms. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-34010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-34020	Locks in toilet and bathing facilities. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-34020, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-345	Dining, dayrooms, and resident activity areas. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-345, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-345, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-347	Laundry services and storage. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-347, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-350	Dementia care unit. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-350, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-350, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-35010	Dining areas on a dementia care unit. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-35010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-35020	Outdoor areas on a dementia care unit. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-35020, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-35030	Indoor areas on a dementia care unit. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-35030, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-35040	Ambulation route on a dementia care unit in a new building or addition. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-35040, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-35040, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-35050	Physical plant on a dementia care unit. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-35050, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-35060	Special egress control devices on a dementia care unit. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-35060, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-352	Specialized rehabilitation. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-352, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-353	Outpatient rehabilitation. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-353, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-355	Food service areas. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-355, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-355, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-357	Storage of equipment. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-357, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-35710	Storage of resident room equipment in a new building or addition. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-35710, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-35720	General storage in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-35720, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-360	Lighting. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-360, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-360, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-36010	Natural or artificial light. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-36010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-36020	Outside lighting. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-36020, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-36030	Light shields. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-36030, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-36040	Illumination levels in new buildings and additions. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-36040, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-36050	Night lights in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-36050, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-36060	Switches in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-36060, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-36070	Electrical outlets. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-36070, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-365	Safety. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-365, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-365, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-36510	Safety—Poisons and nonmedical chemicals. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-36510, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-36520	Safety—Storage of equipment and supplies. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-36520, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-36530	Safety—Handrails. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-36530, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-370	Water supply. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-370, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-370, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-37010	Hot water. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-37010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-37020	Cross connections. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-37020, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-375	Pest control. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-375, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-375, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-380	Maintenance and repair. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-380, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-3820	Stairways, ramps, and corridors in new construction. [Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-3820, filed 9/24/08, effective 11/1/08.] Repealed by WSR 10-02-021, filed 12/29/09, effective 1/29/10. Statutory Authority: Chapters 18.51 and 74.42 RCW.
388-97-385	Sewage and liquid waste disposal. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-385, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-385, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-390	General. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-390, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-395	Design requirements. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-395, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-400	General new construction documents. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-400, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-400, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-40010	Preliminary new construction documents. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-40010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-401	Final new construction documents. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-401, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-402	Preinstallation submissions for new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-402, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-403	New construction timelines. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-403, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-405	Exemptions to new construction requirements. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-405, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-405, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-410	State building code in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-410, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-410, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-415	Electrical codes and standards in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-415, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-415, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-420	Elevator codes in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-420, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-420, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-425	Local codes and ordinances in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-425, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-425, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-430	Entrances and exits in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-430, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-430, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-43010	Lobbies in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-43010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-43020	Interview space in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-43020, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-43030	Offices in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-43030, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-43040	Inservice education space in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-43040, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-43050	Staff areas in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-43050, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-435	Resident care unit. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-435, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-440	Resident rooms. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-440, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-445	Resident room equipment. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-445, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-450	Resident toilet and bathing facilities. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-450, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-455	Visiting and private space in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-455, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-455, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-45510	Outdoor recreation space and walkways in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-45510, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-460	Pools in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-460, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-460, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-46010	Pharmacies in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-46010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-465	Elevators in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-465, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-465, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-46510	Stairways, ramps, and corridors in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-46510, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-46520	Walking surfaces in a new building or addition. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-46520, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-46530	Doors in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-46530, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-46540	Floor finishes in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-46540, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-46550	Carpets in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-46550, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-46560	Coving in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-46560, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-46570	Walls in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-46570, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-46580	Accessories in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-46580, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-46590	Miscellaneous in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-46590, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-470	Heating systems in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-470, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-470, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-47010	Cooling systems in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-47010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-47020	Ventilation systems in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-47020, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-475	Electrical. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 94-19-041 (Order 3782), § 388-97-475, filed 9/15/94, effective 10/16/94.] Repealed by WSR 00-06-028, filed 2/24/00, effective 3/26/00. Statutory Authority: RCW 18.51.070 and 74.42.620.
388-97-480	Handwashing sinks in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-480, filed 2/24/00, effective 3/26/00; WSR 94-19-041 (Order 3782), § 388-97-480, filed 9/15/94, effective 10/16/94.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-48010	Drinking fountains in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-48010, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-48020	Mixing valves or mixing faucets in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-48020, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-48030	Spouts in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-48030, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-48040	Faucet controls in new construction. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-48040, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-550	Initial nursing home license. [Statutory Authority: RCW 18.51.050. WSR 02-20-058, § 388-97-550, filed 9/27/02, effective 10/28/02. Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-550, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-555	Nursing home license renewal. [Statutory Authority: RCW 18.51.050. WSR 02-20-058, § 388-97-555, filed 9/27/02, effective 10/28/02. Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-555, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-560	Department review of initial nursing home license applications. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-560, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-565	Department review of nursing home license renewals. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-565, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-565, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-570	Reasons for denial, suspension, modification, revocation of, or refusal to renew a nursing home license. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-23-030, § 388-97-570, filed 11/12/02, effective 12/13/02; WSR 02-14-063, § 388-97-570, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-570, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-575	Appeal of the department's licensing decision. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-575, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-575, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-580	Management agreements. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-580, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-580, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-585	Change of ownership. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-585, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-585, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-590	Licensed bed capacity. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-590, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-595	Relocation of residents. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-595, filed 6/27/02, effective 7/28/02; WSR 00-06-028, § 388-97-595, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-600	License relinquishment. [Statutory Authority: RCW 18.51.070 and 74.42.620. WSR 00-06-028, § 388-97-600, filed 2/24/00, effective 3/26/00.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-605	Inspections and deficiency citation report. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-605, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-610	Plan of correction. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-610, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-615	Acceptable and unacceptable plans of correction. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-615, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-620	Informal department review. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-620, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-625	Notice and appeal rights. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-625, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-630	Remedies. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-630, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-635	Criteria for imposing optional remedies. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-635, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-640	Severity and scope of deficiencies. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-640, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-645	Separate deficiencies—Separate remedies. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-645, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-650	Stop placement. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-23-030, § 388-97-650, filed 11/12/02, effective 12/13/02; WSR 02-14-063, § 388-97-650, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-655	Amount of civil fine. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-655, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-660	Civil fine accrual and due dates and interest. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-660, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-665	Civil penalty fund. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-665, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-670	Temporary management. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-670, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-675	Receivership. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-675, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-680	Temporary managers and receivers—Application. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-680, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-685	Temporary managers and receivers—Considerations before appointment. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-685, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-690	Duties and powers of temporary manager and receiver. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-690, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.
388-97-695	Termination of temporary management and receivership. [Statutory Authority: RCW 18.51.070, 74.42.620. WSR 02-14-063, § 388-97-695, filed 6/27/02, effective 7/28/02.] Repealed by WSR 08-20-062, filed 9/24/08, effective 11/1/08. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52.

PDF388-97-0001

Definitions.

"Abandonment" means action or inaction by an individual or entity with a duty of care for a vulnerable adult that leaves the vulnerable individual without the means or ability to obtain necessary food, clothing, shelter, or health care.

"Abuse" means the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment of a vulnerable adult. In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish. Abuse includes sexual abuse, mental abuse, physical abuse, personal exploitation of a vulnerable adult, and improper use of restraint against a vulnerable adult which have the following meanings:

(1) "Mental abuse" means a willful verbal or nonverbal action that threatens, humiliates, harasses, coerces, intimidates, isolates, unreasonably confines, or punishes a vulnerable adult. Mental abuse may include ridiculing, yelling, or swearing.

(2) "Physical abuse" means the willful action of inflicting bodily injury or physical mistreatment. Physical abuse includes, but is not limited to, striking with or without an object, slapping, pinching, choking, kicking, shoving, or prodding.

(3) "Sexual abuse" means any form of nonconsensual sexual conduct, including, but not limited to, unwanted or inappropriate touching, rape, sodomy, sexual coercion, sexually explicit photographing, and sexual harassment. Sexual conduct may include interactions that do not involve touching, including but not limited to sending a resident sexually explicit messages, or cuing or encouraging a resident to perform sexual acts. Sexual abuse includes any sexual conduct between a staff person and a resident, whether or not it is consensual.

(4) "Personal exploitation" means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.

(5) "Improper use of restraint" means the inappropriate use of chemical, physical, or mechanical restraints for convenience or discipline or in a manner that:

(a) Is inconsistent with federal or state licensing or certification requirements for facilities, hospitals, or programs authorized under chapter 71A.12 RCW;

(b) Is not medically authorized; or

"Administrative hearing" is a formal hearing proceeding before a state administrative law judge that gives:

(1) A licensee an opportunity to be heard in disputes about licensing actions, including the imposition of remedies, taken by the department; or

(2) An individual an opportunity to appeal a finding of abandonment, abuse, neglect, financial exploitation of a resident, or misappropriation of a resident's funds.

"Administrative law judge (ALJ)" means an impartial decision-maker who presides over an administrative hearing. ALJs are employed by the office of administrative hearings (OAH), which is a separate state agency. ALJs are not DSHS employees or DSHS representatives.

"Administrator" means a nursing home administrator, licensed under chapter 18.52 RCW, who must be in active administrative charge of the nursing home, as that term is defined in the board of nursing home administrator's regulations.

"Advanced registered nurse practitioner (ARNP)" means an individual who is licensed to practice as an advanced registered nurse practitioner under chapter 18.79 RCW.

"Applicant" means an individual, partnership, corporation, or other legal entity seeking a license to operate a nursing home.

"ASHRAE" means the American Society of Heating, Refrigerating, and Air Conditioning Engineers, Inc.

"Attending physician" means the doctor responsible for a particular individual's total medical care.

"Berm" means a bank of earth piled against a wall.

"Chemical restraint" means the administration of any drug to manage a vulnerable adult's behavior in a way that reduces the safety risk to the vulnerable adult or others, has the temporary effect of restricting the vulnerable adult's freedom of movement, and is not standard treatment for the vulnerable adult's medical or psychiatric condition.

"Civil adjudication proceeding" means judicial or administrative adjudicative proceeding that results in a finding of, or upholds an agency finding of, domestic violence, abuse, sexual abuse, neglect, abandonment, violation of a professional licensing standard regarding a child or vulnerable adult, or exploitation or financial exploitation of a child or vulnerable adult under any provision of law, including but not limited to chapter 13.34, 26.44, or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding" also includes judicial or administrative findings that become final due to the failure of the alleged perpetrator to timely exercise a legal right to administratively challenge such findings.

"Civil fine" is a civil monetary penalty assessed against a nursing home as authorized by chapters 18.51 and 74.42 RCW. There are two types of civil fines, "per day" and "per instance."

(1) "Per day fine" means a fine imposed for each day that a nursing home is out of compliance with a specific requirement. Per day fines are assessed in accordance with WAC 388-97-4580(1); and

(2) "Per instance fine" means a fine imposed for the occurrence of a deficiency.

"Condition on a license" means that the department has imposed certain requirements on a license and the licensee cannot operate the nursing home unless the requirements are observed.

"Consent" means express written consent granted after the vulnerable adult or his or her legal representative has been fully informed of the nature of the services to be offered and that the receipt of services is voluntary.

"Commuting distance radius" means the one-way travel time between any two points traveling on the generally fastest route without any impediments such as traffic, road work, or road closure.

"Deficiency" is a nursing home's failed practice, action or inaction that violates any or all of the following:

(1) Requirements of chapters 18.51 or 74.42 RCW, or the requirements of this chapter; and

(2) In the case of a medicare and medicaid contractor, participation requirements under Title XVIII and XIX of the Social Security Act and federal medicare and medicaid regulations.

"Deficiency citation" or "cited deficiency" means written documentation by the department that describes a nursing home's deficiency(ies); the requirement that the deficiency(ies) violates; and the reasons for the determination of noncompliance.

"Deficient facility practice" or "failed facility practice" means the nursing home action(s), error(s), or lack of action(s) that provide the basis for the deficiency.

"Dementia care" means a therapeutic modality or modalities designed specifically for the care of persons with dementia.

"Denial of payment for new admissions" is an action imposed on a nursing home (facility) by the department that prohibits payment for new medicaid admissions to the nursing home after a specified date. Nursing homes certified to provide medicare and medicaid services may also be subjected to a denial of payment for new admissions by the federal Centers for Medicare and Medicaid Services.

"Department" means the state department of social and health services (DSHS).

"Department on-site monitoring" means an optional remedy of on-site visits to a nursing home by department staff according to department guidelines for the purpose of monitoring resident care or services or both.

"Dietitian" means a qualified dietitian. A qualified dietitian is one who is registered by the American Dietetic Association or certified by the state of Washington.

"Direct care staff" means the staffing domain identified and defined in the Centers for Medicare and Medicaid Service's five-star quality rating system and as reported through the Centers for Medicare and Medicaid Service's payroll-based journal.

"Directly supervising" means that the individual responsible for providing oversight to staff is on the premises and quickly and easily available to provide necessary assessments and other direct care of residents.

"Disclosure statement" means a signed statement by an individual in accordance with the requirements under RCW 43.43.834. The statement should include a disclosure of whether or not the individual has been convicted of certain crimes or has been found by any court, state licensing board, disciplinary board, or protection proceeding to have neglected, sexually abused, financially exploited, or physically abused any minor or adult individual.

"Drug" means a substance:

(1) Recognized as a drug in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, Official National Formulary, or any supplement to any of them; or

(2) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease.

"Drug facility" means a room or area designed and equipped for drug storage and the preparation of drugs for administration.

"Emergency closure" is an order by the department to immediately close a nursing home.

"Emergency transfer" means immediate transfer of residents from a nursing home to safe settings.

"Entity" means any type of firm, partnership, corporation, company, association, or joint stock association.

"Essential community provider" means a nursing home, which is the only nursing home within a commuting distance radius of at least forty minutes duration, traveling by automobile.

"Financial exploitation" means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the vulnerable adult by any person or entity for any person or entity's profit or advantage other than the vulnerable adult's profit or advantage. Some examples of financial exploitation are given in RCW 74.34.020(7).

"Geriatric behavioral health worker" means a person with a bachelor's or master's degree in social work, who has received specialized training devoted to mental illness and treatment of older adults.

"Habilitative services" means the planned interventions and procedures which constitute a continuing and comprehensive effort to teach an individual previously undeveloped skills.

"Highest practicable physical, mental, and psychosocial well-being" means providing each resident with the necessary individualized care and services to assist the resident to achieve or maintain the highest possible health, functional and independence level in accordance with the resident's comprehensive assessment and plan of care. Care and services provided by the nursing home must be consistent with all requirements in this chapter, chapters 74.42 and 18.51 RCW, and the resident's informed choices. For medicaid and medicare residents, care and services must also be consistent with Title XVIII and XIX of the Social Security Act and federal medicare and medicaid regulations.

"Informal department review" is a dispute resolution process that provides an opportunity for the licensee or administrator to informally present information to a department representative about disputed, cited deficiencies. Refer to WAC 388-97-4420.

"Inspection" or "survey" means the process by which department staff evaluates the nursing home licensee's compliance with applicable statutes and regulations.

"Intermediate care facility for individuals with intellectual disabilities (ICF/IID)" means an institution certified under chapter 42 C.F.R., Part 483, Subpart I, and licensed under chapter 18.51 RCW.

"Large nonessential community providers" means nonessential community providers that have more than sixty licensed nursing home beds, even if some of those beds are not set up or are not in use.

"License revocation" is an action taken by the department to cancel a nursing home license in accordance with RCW 18.51.060 and WAC 388-97-4220.

"License suspension" is an action taken by the department to temporarily revoke a nursing home license in accordance with RCW 18.51.060 and this chapter.

"Licensee" means an individual, partnership, corporation, or other legal entity licensed to operate a nursing home.

"Licensed practical nurse" means an individual licensed to practice practical nursing under chapter 18.79 RCW.

"Mandated reporter" as used in this chapter means any employee of a nursing home, any health care provider subject to chapter 18.130 RCW, the Uniform Disciplinary Act, and any licensee or operator of a nursing home. Under RCW 74.34.020, mandated reporters also include any employee of the department of social and health services, law enforcement officers, social workers, professional school personnel, individual providers, employees and licensees of assisted living facilities, adult family homes, soldiers' homes, residential habilitation centers, or any other facility licensed by the department, employees of social service, welfare, mental health, adult day health, adult day care, home health, home care, or hospice agencies, county coroners or medical examiners, or Christian Science practitioners.

"Mechanical restraint" means any device attached or adjacent to the vulnerable adult's body that he or she cannot easily remove that restricts freedom of movement or normal access to his or her body. "Mechanical restraint" does not include the use of devices, materials, or equipment that are:

(1) Medically authorized, as required; and

(2) Used in a manner that is consistent with federal or state licensing or certification requirements for facilities.

"Misappropriation of resident property" means the deliberate misplacement, exploitation, or wrongful, temporary or permanent use of a resident's belongings or money.

"NFPA" means National Fire Protection Association, Inc.

"Neglect":

(1) In a nursing home licensed under chapter 18.51 RCW, neglect means:

(a) A pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain physical or mental health of a vulnerable adult, or that fails to avoid or prevent physical or mental harm or pain to a vulnerable adult; or

(b) An act or omission by a person or entity with a duty of care that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety, including but not limited to conduct prohibited under RCW 9A.42.100.

(2) In a skilled nursing facility or nursing facility, neglect also means a failure to provide a resident with the goods and services necessary to avoid physical harm, mental anguish, or mental illness.

"Noncompliance" means a state of being out of compliance with state and/or federal requirements for nursing homes/facilities.

"Nonessential community provider" means a nursing home located within a commuting distance radius of less than forty minutes duration by automobile from another nursing home.

"Nursing assistant" means a nursing assistant as defined under RCW 18.88A.020 or successor laws.

"Nursing facility (NF)" or "medicaid-certified nursing facility" means a nursing home, or any portion of a hospital, veterans' home, or residential habilitation center, that is certified to provide nursing services to medicaid recipients under section 1919(a) of the federal Social Security Act. All beds in a nursing facility are certified to provide medicaid services, even though one or more of the beds are also certified to provide medicare skilled nursing facility services.

"Nursing home" means any facility licensed to operate under chapter 18.51 RCW.

"Officer" means an individual serving as an officer of a corporation.

"Owner of five percent or more of the assets of a nursing home" means:

(1) The individual, and if applicable, the individual's spouse, who operates, or is applying to operate, the nursing home as a sole proprietorship;

(2) In the case of a corporation, the owner of at least five percent of the shares or capital stock of the corporation; or

(3) In the case of other types of business entities, the owner of a beneficial interest in at least five percent of the capital assets of an entity.

"Partner" means an individual in a partnership owning or operating a nursing home.

"Permanent restraining order" means a restraining order or order of protection issued either following a hearing, or by stipulation of the parties. A "permanent" order may be in force for a specific time period (for example, one year), after which it expires.

"Person" means any individual, firm, partnership, corporation, company, association or joint stock association.

"Pharmacist" means an individual licensed by the Washington state board of pharmacy under chapter 18.64 RCW.

"Pharmacy" means a place licensed under chapter 18.64 RCW where the practice of pharmacy is conducted.

"Physical restraint" means the application of physical force without the use of any device for the purpose of restraining the free movement of a vulnerable adult's body. "Physical restraint" does not include briefly holding without undue force a vulnerable adult in order to calm or comfort him or her, or holding a vulnerable adult's hand to safely escort him or her from one area to another.

"Physician's assistant (PA)" means a physician's assistant as defined under chapter 18.57A or 18.71A RCW or successor laws.

"Plan of correction" is a nursing home's written response to cited deficiencies that explains how it will correct the deficiencies and how it will prevent their reoccurrence.

"Reasonable accommodation" and "reasonably accommodate" has the meaning given in federal and state antidiscrimination laws and regulations. For the purpose of this chapter:

(1) Reasonable accommodation means that the nursing home must:

(a) Not impose admission criteria that excludes individuals unless the criteria is necessary for the provision of nursing home services;

(b) Make reasonable modification to its policies, practices or procedures if the modifications are necessary to accommodate the needs of the resident;

(2) Reasonable accommodations are not required if:

(a) The resident or individual applying for admission presents a significant risk to the health or safety of others that cannot be eliminated by the reasonable accommodation;

(b) The reasonable accommodations would fundamentally alter the nature of the services provided by the nursing home; or

"Receivership" is established by a court action and results in the removal of a nursing home's current licensee and the appointment of a substitute licensee to temporarily operate the nursing home.

"Recurring deficiency" means a deficiency that was cited by the department, corrected by the nursing home, and then cited again within fifteen months of the initial deficiency citation.

"Registered nurse" means an individual licensed to practice as a registered nurse under chapter 18.79 RCW.

"Rehabilitative services" means the planned interventions and procedures which constitute a continuing and comprehensive effort to restore an individual to the individual's former functional and environmental status, or alternatively, to maintain or maximize remaining function.

"Resident" generally means an individual residing in a nursing home. Except as specified elsewhere in this chapter, for decision-making purposes, the term "resident" includes the resident's surrogate decision maker acting under state law. The term resident excludes outpatients and individuals receiving adult day or night care, or respite care.

"Resident care unit" means a functionally separate unit including resident rooms, toilets, bathing facilities, and basic service facilities.

"Respiratory isolation" is a technique or techniques instituted to prevent the transmission of pathogenic organisms by means of droplets and droplet nuclei coughed, sneezed, or breathed into the environment.

"Siphon jet clinic service sink" means a plumbing fixture of adequate size and proper design for waste disposal with siphon jet or similar action sufficient to flush solid matter of at least two and one-eighth inches in diameter.

"Skilled nursing facility (SNF)" or "medicare-certified skilled nursing facility" means a nursing home, a portion of a nursing home, or a long-term care wing or unit of a hospital that has been certified to provide nursing services to medicare recipients under section 1819(a) of the federal Social Security Act.

"Small nonessential community providers" means nonessential community providers that have sixty or fewer nursing home licensed beds, even if some of those beds are not set up or are not in use.

"Social/therapeutic leave" means leave which is for the resident's social, emotional, or psychological well-being; it does not include medical leave.

"Staff work station" means a location at which nursing and other staff perform charting and related activities throughout the day.

"Stop placement" or "stop placement order" is an action taken by the department prohibiting nursing home admissions, readmissions, and transfers of patients into the nursing home from the outside.

"Substantial compliance" means the nursing home has no deficiencies higher than severity level 1 as described in WAC 388-97-4500, or for medicaid certified facility, no deficiencies higher than a scope and severity "C."

"Surrogate decision maker" means a resident representative or representatives as outlined in WAC 388-97-0240, and as authorized by RCW 7.70.065.

"Survey" means the same as "inspection" as defined in this section.

"Temporary manager" means an individual or entity appointed by the department to oversee the operation of the nursing home to ensure the health and safety of its residents, pending correction of deficiencies or closure of the facility.

"Temporary restraining order" means restraining order or order of protection that expired without a hearing, was dismissed following an initial hearing, or was dismissed by stipulation of the parties before an initial hearing.

"Termination" means an action taken by:

(1) The department, or the nursing home, to cancel a nursing home's medicaid certification and contract; or

(2) The department of health and human services Centers for Medicare and Medicaid Services, or the nursing home, to cancel a nursing home's provider agreement to provide services to medicaid or medicare recipients, or both.

"Toilet room" means a room containing at least one toilet fixture.

"Uncorrected deficiency" is a deficiency that has been cited by the department and that is not corrected by the licensee by the time the department does a revisit.

"Violation" means the same as "deficiency" as defined in this section.

"Volunteer" means an individual who is a regularly scheduled individual not receiving payment for services and having unsupervised access to a nursing home resident.

"Vulnerable adult" includes a person:

(1) Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself;

(2) Found incapacitated under chapter 11.88 RCW;

(3) Who has a developmental disability as defined under RCW 71A.10.020;

(4) Admitted to any facility;

(5) Receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW;

(6) Receiving services from an individual provider; or

(7) Who self directs his or her own care and receives services from a personal aide under chapter 74.39 RCW.

"Whistle blower" means a resident, employee of a nursing home, or any person licensed under Title 18 RCW, who in good faith reports alleged abandonment, abuse, financial exploitation, or neglect to the department, the department of health or to a law enforcement agency.

[Statutory Authority: RCW 18.51.070. WSR 21-23-036, § 388-97-0001, filed 11/8/21, effective 12/9/21. Statutory Authority: Chapters 18.51, 74.42, 74.34, 74.46 RCW, 2015 2nd sp.s. c 2, 2015 c 268, and 2016 c 131. WSR 16-23-094, § 388-97-0001, filed 11/16/16, effective 12/17/16. Statutory Authority: RCW 74.39A.056 and chapters 74.42, 18.51 RCW. WSR 14-14-027, § 388-97-0001, filed 6/24/14, effective 7/25/14. Statutory Authority: Chapters 18.51 and 74.42 RCW. WSR 14-12-040, § 388-97-0001, filed 5/29/14, effective 6/29/14; WSR 13-04-093, § 388-97-0001, filed 2/6/13, effective 3/9/13; WSR 11-22-077, § 388-97-0001, filed 11/1/11, effective 12/2/11; WSR 10-02-021, § 388-97-0001, filed 12/29/09, effective 1/29/10. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0001, filed 9/24/08, effective 11/1/08.]

PDF388-97-0020

Nursing facility care.

The nursing facility must provide items, care, and services in accordance with this chapter and with federal regulations under 42 C.F.R. § 483.1 through 483.206, or successor laws, and other applicable federal requirements.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0020, filed 9/24/08, effective 11/1/08.]

PDF388-97-0040

Discrimination prohibited.

(1) A nursing facility must establish and maintain identical policies and practices regarding transfer, discharge, and the provision of services covered under the state medicaid plan for all individuals regardless of source of payment.

(2) A nursing facility must not require or request:

(a) Residents or potential residents to waive their rights to medicare or medicaid;

(b) Oral or written assurance that residents or potential residents are not eligible for, or will not apply for medicare or medicaid benefits; and

(c) A third party guarantee of payment to the facility as a condition of admission or expedited admission, or continued stay in the facility. However, the facility may require an individual who has legal access to a resident's income or resources available to pay for facility care to sign a contract, without incurring personal financial liability, to provide facility payment from the resident's income or resources.

(3) A nursing facility must inform, in writing, a prospective resident, and where applicable, the resident's representative, before or at the time of admission, that a third party may not be required or requested to personally guarantee payment to the nursing home, as specified in subsection (2)(c) of this section.

(4) A nursing facility must readmit a resident, who has been hospitalized or on therapeutic leave, immediately to the first available bed in a semiprivate room if the resident:

(a) Requires the services provided by the facility; and

(b) Is eligible for medicaid nursing facility services.

(5) A nursing facility must not:

(a) Deny or delay admission or readmission of an individual to the facility because of the individual's status as a medicaid recipient;

(b) Transfer a resident, except from a single room to another room within the facility, because of the resident's status as a medicaid recipient;

(d) Charge medicaid recipients any amounts in excess of the medicaid rate from the date of eligibility, except for any supplementation that may be permitted by department regulation.

(6) A nursing facility must maintain only one list of names of individuals seeking admission to the facility, which is ordered by the date of request for admission, and must:

(a) Offer admission to individuals in the order they appear on the list, except as provided in subsection (7), as long as the facility can meet the needs of the individual with available staff or through the provision of reasonable accommodations required by state or federal laws;

(b) Retain the list of individuals seeking admission for one year from the month admission was requested; and

(c) Offer admission to the portions of the facility certified under medicare and medicaid without discrimination against persons eligible for medicaid, except as provided in subsection (7).

(7) A nursing facility is permitted to give preferential admission to individuals who seek admission from an assisted living facility, licensed under chapter 18.20 RCW, or from independent retirement housing, if:

(a) The nursing facility is owned by the same entity that owns the assisted living facility or independent housing; and

(b) They are located within the same proximate geographic area; and

(c) The purpose of the preferential admission is to allow continued provision of culturally or faith-based services, or services provided by a continuing care retirement community as defined in RCW 74.38.025.

(8) A nursing facility must develop and implement written policies and procedures to ensure nondiscrimination in accordance with this section and RCW 74.42.055.

[Statutory Authority: Chapters 18.51 and 74.42 RCW. WSR 13-04-093, § 388-97-0040, filed 2/6/13, effective 3/9/13. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0040, filed 9/24/08, effective 11/1/08.]

PDF388-97-0060

Nursing facility admission and payment requirements.

Refer to WAC 388-106-0350 through 388-106-0360.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0060, filed 9/24/08, effective 11/1/08.]

PDF388-97-0080

Discharge planning.

(1) A resident has the right to attain or maintain the highest practicable physical, mental, and psychosocial well-being, and to reside in the most independent setting. Therefore, the nursing home must:

(a) Utilize a formal resident discharge planning system with identical policies and practices for all residents regardless of source of payment;

(b) Inform the resident or resident's representative in writing of the nursing home's discharge planning system when the resident is admitted or as soon as practical after the resident's admission, including:

(i) Specific resources available to assist the resident in locating a lesser care setting;

(ii) The name of the nursing home's discharge coordinator(s);

(iii) In the case of a medicaid certified nursing facility, the address and telephone number for the department's local home and community services office; and

(iv) In the case of a resident identified through pre-admission screening and resident review (PASRR) as having a developmental disability or mental illness, the address and telephone number for the division of developmental disabilities or the mental health PASRR contractor.

(2) The nursing home must prepare a detailed, written transfer or discharge plan for each resident determined to have potential for transfer or discharge within the next three months. The nursing home must:

(a) Develop and implement the plan with the active participation of the resident and, where appropriate, the resident's representative;

(b) In the case of a medicaid resident, coordinate the plan with the department's home and community services staff;

(c) In the case of a resident identified through PASRR as having a developmental disability or mental illness, coordinate the plan with the division of developmental disabilities or the mental health PASRR contractor;

(d) Ensure the plan is an integral part of the resident's comprehensive plan of care and, as such, includes measurable objectives and timetables for completion;

(e) Incorporate in the plan relevant factors to include, but not be limited to the:

(i) Resident's preferences;

(ii) Support system;

(iii) Assessments and plan of care; and

(iv) Availability of appropriate resources to match the resident's preferences and needs.

(f) Identify in the plan specific options for more independent placement; and

(g) Provide in the plan for the resident's continuity of care, and to reduce potential transfer trauma, including, but not limited to, pretransfer visit to the new location whenever possible.

(3) For a resident whose transfer or discharge is not anticipated in the next three months, the nursing home must:

(a) Document the specific reasons transfer or discharge is not anticipated in that time frame; and

(b) Review the resident's potential for transfer or discharge at the time of the quarterly comprehensive plan of care review. If the reasons documented under subsection (3)(a) of this section are unchanged, no additional documentation of reasons is necessary at the time of plan of care review.

(4) The nursing home must initiate discharge planning on residents described in subsection (3) of this section:

(a) At the request of the resident or the resident's representative; and

(b) When there is a change in the resident's situation or status which indicates a potential for transfer or discharge within the next three months.

(5) Each resident has the right to request transfer or discharge and to choose a new location. If the resident chooses to leave, the nursing home must assist with and coordinate the resident's transfer or discharge. The medicaid resident, resident's representative, or nursing facility may request assistance from the department's home and community services or, where applicable, the division of developmental disabilities or mental health in the transfer or discharge planning and implementation process.

(6) The nursing home must coordinate all resident transfers and discharges with the resident, the resident's representative and any other involved individual or entity.

(7) When a nursing home anticipates discharge, a resident must have a discharge summary that includes:

(a) A recapitulation of the resident's stay;

(b) A final summary of the resident's status to include items in WAC 388-97-1000(1), at the time of discharge that is available for release to authorized individuals and agencies, with the consent of the resident or and surrogate decision maker; and

(c) A postdischarge plan of care that is developed with the participation of the resident and his or her family, which will assist the resident to adjust to his or her new living environment.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0080, filed 9/24/08, effective 11/1/08.]

Resident Assessment and Plan of Care

PDF388-97-0100

Utilization review.

(1) To assure appropriate use of medicaid services, the nursing facility must determine whether each medicaid resident's health has improved sufficiently so the resident no longer needs nursing facility care.

(a) The nursing facility must base its determination on:

(i) An accurate, comprehensive assessment process; and

(ii) Documentation by the resident's physician.

(b) The nursing facility is not responsible to assess under WAC 388-97-1960, PASSR level II screening assessment.

(2) When the nursing facility determines a resident no longer needs nursing facility care under subsection (1) of this section, the nursing facility must initiate transfer or discharge in accordance with WAC 388-97-0120, 388-97-0140, and 42 C.F.R. § 483.12, or successor laws, unless the resident voluntarily chooses to transfer or discharge.

(3) When a nursing facility initiates a transfer or discharge of a medicaid recipient under subsection (2) of this section:

(a) The resident will be ineligible for medicaid nursing facility payment:

(i) Thirty days after the receipt of written notice of transfer or discharge; or

(ii) If the resident appeals the facility determination, thirty days after the final order is entered upholding the nursing home's decision to transfer or discharge a resident.

(b) The department's home and community services may grant extension of a resident's medicaid nursing facility payment after the time specified in subsection (3)(a) of this section, when the department's home and community services staff determine:

(i) The nursing facility is making a good faith effort to relocate the resident; and

(ii) A location appropriate to the resident's medical and other needs is not available.

(4) Department designees may review any assessment or determination made by a nursing facility of a resident's need for nursing facility care.

[Statutory Authority: Chapters 18.51 and 74.42 RCW. WSR 10-02-021, § 388-97-0100, filed 12/29/09, effective 1/29/10. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0100, filed 9/24/08, effective 11/1/08.]

PDF388-97-0120

Individual transfer and discharge rights and procedures.

(1) The skilled nursing facility and nursing facility must comply with all of the requirements of 42 C.F.R. § 483.10 and § 483.12, and RCW 74.42.450, or successor laws, and the nursing home must comply with all of the requirements of RCW 74.42.450 (1) through (4) and (7), or successor laws, including the following provisions and must not transfer or discharge any resident unless:

(a) At the resident's request;

(b) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;

(c) The transfer or discharge is appropriate because the resident's health has improved enough so the resident no longer needs the services provided by the facility;

(d) The safety of individuals in the facility is endangered;

(e) The health of individuals in the facility would otherwise be endangered; or

(f) The resident has failed, after reasonable and appropriate notice, to pay for a stay at the facility.

(2) The following notice requirements apply if a nursing home/facility initiates the transfer or discharge of a resident. The notice must:

(a) Include all information required by 42 C.F.R. § 483.12 when given in a nursing facility;

(b) Be in writing, in language the resident understands;

(c) Be given to the resident, the resident's surrogate decision maker, if any, the resident's family and to the department;

(d) Be provided thirty days in advance of a transfer or discharge initiated by the nursing facility, except that the notice may be given as soon as practicable when the facility cannot meet the resident's urgent medical needs, or under the conditions described in (1)(c), (d), and (e) of this section; and

(e) Be provided fifteen days in advance of a transfer or discharge initiated by the nursing home, unless the transfer is an emergency.

(3) The nursing home must:

(a) Provide sufficient preparation and orientation to the resident to ensure safe and orderly transfer or discharge from the nursing home;

(b) Attempt to avoid the transfer or discharge of a resident from the nursing home through the use of reasonable accommodations unless agreed to by the resident and the requirements of WAC 388-97-0080 are met; and

(c) Develop and implement a bed-hold policy. This policy must be consistent with any bed-hold policy that the department develops.

(4) The nursing home must provide the bed-hold policy, in written format, to the resident, and a family member, before the resident is transferred or goes on therapeutic leave. At a minimum the policy must state:

(a) The number of days, if any, the nursing home will hold a resident's bed pending return from hospitalization or social/therapeutic leave;

(b) That a medicaid eligible resident, whose hospitalization or social/therapeutic leave exceeds the maximum number of bed-hold days will be readmitted to the first available semi-private bed, provided the resident needs nursing facility services. Social/therapeutic leave is defined under WAC 388-97-0001. The number of days of social/therapeutic leave allowed for medicaid residents and the authorization process is found under WAC 388-97-0160; and

(c) That a medicaid eligible resident may be charged if he or she requests that a specific bed be held, but may not be charged a bed-hold fee for the right to return to the first available bed in a semi-private room.

(5) The nursing facility must send a copy of the federally required transfer or discharge notice to:

(a) The department's home and community services when the nursing home has determined under WAC 388-97-0100, that the medicaid resident's health has improved sufficiently so that the resident no longer needs the services provided by the facility; and

(b) The department's designated local office when the transfer or discharge is for any of the following reasons:

(i) The resident's needs cannot be met in the facility;

(ii) The health or safety of individuals in the facility is endangered; or

(iii) The resident has failed to pay for, or to have paid under medicare or medicaid, a stay at the facility.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0120, filed 9/24/08, effective 11/1/08.]

PDF388-97-0140

Transfer and discharge appeals for resident in medicare or medicaid certified facilities.

(1) A skilled nursing facility and a nursing facility that initiates transfer or discharge of any resident, regardless of payor status, must:

(a) Provide the required written notice of transfer or discharge to the resident and, if known or appropriate, to a family member or the resident's representative;

(b) Attach a department-designated hearing request form to the transfer or discharge notice;

(i) An appeal request may be made any time up to ninety days from the date the resident receives the notice of transfer or discharge; and

(ii) Transfer or discharge will be suspended when an appeal request is received by the office of administrative hearings on or before the date the resident actually transfers or discharges; and

(iii) The nursing home will assist the resident in requesting a hearing to appeal the transfer or discharge decision.

(2) A skilled nursing facility or nursing facility must suspend transfer or discharge pending the outcome of the hearing when the resident's appeal is received by the office of administrative hearings on or before the date of the transfer or discharge set forth in the written transfer or discharge notice, or before the resident is actually transferred or discharged.

(3) The resident is entitled to appeal the skilled nursing facility or nursing facility's transfer or discharge decision. The appeals process is set forth in chapter 182-526 WAC and this chapter. In such appeals, the following will apply:

(a) In the event of a conflict between a provision in this chapter and a provision in chapter 182-526 WAC, the provision in this chapter will prevail;

(b) The resident must be the appellant and the skilled nursing facility or the nursing facility will be the respondent;

(c) The department must be notified of the appeal and may choose whether to participate in the proceedings. If the department chooses to participate, its role is to represent the state's interest in assuring that skilled nursing facility and nursing facility transfer and discharge actions comply substantively and procedurally with the law and with federal requirements necessary for federal funds;

(d) If a medicare certified or medicaid certified facility's decision to transfer or discharge a resident is not upheld, and the resident has been relocated, the resident has the right to readmission immediately upon the first available bed in a semi-private room if the resident requires and is eligible for the services provided by a nursing facility or skilled nursing facility;

(e) Any review of the administrative law judge's initial decision shall be conducted under chapter 182-526 WAC.

[Statutory Authority: RCW 74.42.620. WSR 20-03-103, § 388-97-0140, filed 1/15/20, effective 2/15/20. Statutory Authority: Chapters 18.51 and 74.42 RCW. WSR 11-22-077, § 388-97-0140, filed 11/1/11, effective 12/2/11. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0140, filed 9/24/08, effective 11/1/08.]

PDF388-97-0160

Discharge or leave of a nursing facility resident.

(1) A nursing facility must send immediate written notification of the date of discharge or death of a medicaid resident to the department's local home and community service office.

(2) The nursing facility must:

(a) Notify the department of nursing facility discharge and readmission for all medicaid recipients admitted as hospital inpatients; and

(b) Document in the resident's clinical record all social/therapeutic leave exceeding twenty-four hours.

(3) The department will pay the nursing facility for a medicaid resident's social/therapeutic leave not to exceed a total of eighteen days per calendar year per resident.

(4) The department's home and community services may authorize social/therapeutic leave exceeding eighteen days per calendar year per resident when requested by the nursing facility or by the resident. In the absence of prior authorization from the department's home and community services, the department will not make payment to a nursing facility for leave days exceeding eighteen per calendar year per resident.

(5) An individual who is on social/therapeutic leave retains the status of a nursing facility resident.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0160, filed 9/24/08, effective 11/1/08.]

PDF388-97-0180

Resident rights.

(1) The nursing home must meet the resident rights requirements of this section and those in the rest of the chapter.

(2) The resident has a right to a dignified existence, self-determination, and communication with, and access to individuals and services inside and outside the nursing home.

(3) A nursing home must promote and protect the rights of each resident, including those with limited cognition or other barriers that limit the exercise of rights.

(4) The resident has the right to:

(a) Exercise his or her rights as a resident of the nursing home and as a citizen or resident of the United States. Refer to WAC 388-97-0240;

(b) Be free of interference, coercion, discrimination, and reprisal from the nursing home in exercising his or her rights; and

(i) Any resident right set forth in this chapter or in the applicable licensing or certification laws; or

(ii) Any potential liability for personal injury or losses of personal property.

(5) The nursing home must take steps to safeguard residents and their personal property from foreseeable risks of injury or loss.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0180, filed 9/24/08, effective 11/1/08.]

PDF388-97-0200

Free choice.

The resident has the right to:

(1) Choose a personal attending physician.

(2) Be fully informed in advance about care and treatment and of any changes in that care or treatment that may affect the resident's well-being.

(3) Participate in planning care and treatment or changes in care and treatment.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0200, filed 9/24/08, effective 11/1/08.]

PDF388-97-0220

Statute implemented in resident decision making, informed consent, and advance directives.

WAC 388-97-0240, 388-97-0260, and 388-97-0280 implement the federal Patient Self-Determination Act and clarify requirements under chapters 11.94, 7.70, 70.122, 11.88 and 11.92 RCW.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0220, filed 9/24/08, effective 11/1/08.]

Resident Rooms

PDF388-97-0240

Resident decision making.

(1) At the time of admission, or not later than the completion of the initial comprehensive resident assessment, the nursing home must determine if the resident:

(a) Has appointed another individual to make his or her health care, financial, or other decisions;

(b) Has created any advance directive or other legal documents that will establish a surrogate decision maker in the future; and

(c) Is not making his or her own decisions, and identify who has the authority for surrogate decision making, and the scope of the surrogate decision maker's authority.

(2) The nursing home must review the requirements of (1) of this section when the resident's condition warrants the review or when there is a significant change in the resident's condition.

(3) In fulfilling its duty to determine who, if anyone, is authorized to make decisions for the resident, the nursing home must:

(a) Obtain copies of the legal documents that establish the surrogate decision maker's authority to act; and

(b) Document in the resident's clinical record:

(i) The name, address, and telephone number of the individual who has legal authority for substitute decision making;

(ii) The type of decision making authority such individual has; and

(iii) Where copies of the legal documents are located at the facility.

(4) In accordance with state law or at the request of the resident, the resident's surrogate decision maker is, in the case of:

(a) A capacitated resident, the individual authorized by the resident to make decisions on the resident's behalf;

(b) A resident adjudicated by a court of law to be incapacitated, the court appointed guardian; and

(i) A legal document, such as a durable power of attorney for health care; or

(ii) Authority for substitute decision making granted by state law, including RCW 7.70.065.

(5) Determination of an individual's incapacity must be a process according to state law not a medical diagnosis only and be based on:

(a) Demonstrated inability in decision making over time that creates a significant risk of personal harm;

(b) A court order; or

(6) The nursing home must promote the resident's right to exercise decision making and self-determination to the fullest extent possible, taking into consideration his or her ability to understand and respond. Therefore, the nursing home must presume that the resident is the resident's own decision maker unless:

(a) A court has established a full guardianship of the individual;

(b) The capacitated resident has clearly and voluntarily appointed a surrogate decision maker;

(d) The facility determines that the resident is an incapacitated individual according to RCW 11.88.010 and (5)(a) of this section.

(7) The nursing home must honor the exercise of the resident's rights by the surrogate decision maker as long as the surrogate acts in accordance with this section and with state and federal law which govern his or her appointment.

(8) If a surrogate decision maker exercises a resident's rights, the nursing home must take into consideration the resident's ability to understand and respond and must:

(a) Inform the resident that a surrogate decision maker has been consulted;

(b) Provide the resident with the information and opportunity to participate in all decision making to the maximum extent possible; and

(i) Protect the resident's rights; and

(ii) Comply with state and federal laws.

(9) The nursing home must:

(a) Regularly review any determination of incapacity based on (4)(b) and (c) of this section;

(b) Except for residents with a guardian, cease to rely upon the surrogate decision maker to exercise the resident's rights, if the resident regains capacity, unless so designated by the resident or by court order; and

(i) The resident regains capacity;

(ii) The guardian is not respecting or promoting the resident's rights;

(iii) The guardianship should be modified; or

(iv) A different guardian needs to be appointed.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0240, filed 9/24/08, effective 11/1/08.]

PDF388-97-0260

Informed consent.

(1) The nursing home must ensure that the informed consent process is followed with:

(a) The resident to the maximum extent possible, taking into consideration his or her ability to understand and respond; and

(b) The surrogate decision maker when the resident is determined to be incapacitated as established through the provision of a legal document such as durable power of attorney for health care, a court proceeding, or as authorized by state law, including RCW 7.70.065. The surrogate decision maker must:

(i) First determine if the resident would consent or refuse the proposed or alternative treatment;

(ii) Discuss determination of consent or refusal with the resident whenever possible; and

(iii) When a determination of the resident's consent or refusal of treatment cannot be made, make the decision in the best interest of the resident.

(2) The informed consent process must include, in words and language that the resident, or if applicable the resident's surrogate decision maker, understands, a description of:

(a) The nature and character of the proposed treatment;

(b) The anticipated results of the proposed treatment;

(d) The recognized serious possible risks, complications, and anticipated benefits involved in the treatment and in the recognized possible alternative forms of treatment including nontreatment; and

(e) The right of the resident to choose not to be informed.

(3) To ensure informed consent or refusal by a resident, or if applicable the resident's surrogate decision maker, regarding plan or care options, the nursing home must:

(a) Provide the informed consent process to the resident in a neutral manner and in a language, words, and manner the resident can understand;

(b) Inform the resident of the right to consent to or refuse care and service options at the time of resident assessment and plan of care development (see WAC 388-97-1000 and 388-97-1020 and with condition changes, as necessary to ensure that the resident's wishes are known;

(c) Inform the resident at the time of initial plan of care decisions and periodically of the right to change his or her mind about an earlier consent or refusal decision;

(d) Ensure that evidence of informed consent or refusal is consistent with WAC 388-97-1000 and 388-97-1020; and

(e) Where appropriate, include evidence of resident's choice not to be informed as required in subsections (2) and (3) of this section.

[Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0260, filed 9/24/08, effective 11/1/08.]

Dementia Care Unit

PDF388-97-0280

Advance directives.

(1) "Advance directive" as used in this chapter means any document indicating a resident's choice with regard to a specific service, treatment, medication or medical procedure option that may be implemented in the future such as power of attorney, health care directive, limited or restricted treatment cardiopulmonary resuscitation (CPR), do not resuscitate (DNR), and organ tissue donation.

(2) The nursing home must carry out the provisions of this section in accordance with the applicable provisions of WAC 388-97-0240 and 388-97-0260, and with state law.

(3) The nursing home must:

(a) Document in the clinical record whether or not the resident has an advance directive;

(b) Not request or require the resident to have any advance directives and not condition the provision of care or otherwise discriminate against a resident on the basis of whether or not the resident has executed an advance directive;

(c) In a language and words the resident understands, inform the resident in writing and orally at the time of admission, and thereafter as necessary to ensure the resident's right to make informed choices, about:

(i) The right to make health care decisions, including the right to change his or her mind regarding previous decisions;

(ii) Nursing home policies and procedures concerning implementation of advance directives; and

(d) Review and update as needed the resident advance directive information:

(i) At the resident's request;

(ii) When the resident's condition warrants review; and

(iii) When there is a significant change in the resident's condition.

(4) When the nursing home becomes aware that a resident's health care directive is in conflict with facility practices and policies which are consistent with state and federal law, the nursing home must:

(a) Inform the resident of the existence of any nursing home practice or policy which would preclude implementing the health care directive;

(b) Provide the resident with written policies and procedures that explain under what circumstances a resident's health care directive will or will not be implemented by the nursing home;

(d) Determine, in light of the conflicting practice or policy, whether the resident chooses to remain at the nursing home:

(i) If the resident chooses to remain in the nursing home, develop with the resident a plan in accordance with chapter 70.122 RCW to implement the resident's wishes. The nursing home may need to actively participate in ensuring the execution of the plan, including moving the resident at the time of implementation to a care setting that will implement the resident's wishes. Attach the plan to the resident's directive in the resident's clinical record; or

(ii) If, after recognizing the conflict between the resident's wishes and nursing home practice or policy the resident chooses to seek other long-term care services, or another physician who will implement the directive, the nursing home must assist the resident in locating other appropriate services.

(5) If a terminally ill resident, in accordance with state law, wishes to die at home, the nursing home must:

(a) Use the informed consent process as described in WAC 388-97-0260, and explain to the resident the risks associated with discharge; and

(b) Discharge the resident as soon as reasonably possible.

[Statutory Authority: Chapters 18.51 and 74.42 RCW. WSR 10-02-021, § 388-97-0280, filed 12/29/09, effective 1/29/10. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0280, filed 9/24/08, effective 11/1/08.]

Storage

PDF388-97-0300

Notice of rights and services.

The department amended or suspended portions of this section from May 15, 2020, through May 7, 2022, in response to the state of emergency related to the COVID-19 pandemic. For requirements in place during that time, see WAC 388-97-03001.

(1) The nursing home must provide the resident, before admission, or at the time of admission in the case of an emergency, and as changes occur during the resident's stay, both orally and in writing and in language and words that the resident understands, with the following information:

(a) All rules and regulations governing resident conduct, resident's rights and responsibilities during the stay in the nursing home;

(b) Advanced directives, and of any nursing home policy or practice that might conflict with the resident's advance directive if made;

(d) Advance notice of deposits and refunds, consistent with RCW 70.129.150; and

(e) Items, services and activities available in the nursing home and of charges for those services, including any charges for services not covered under medicare or medicaid or by the home's per diem rate.

(2) The resident has the right:

(a) Upon an oral or written request, to access all records pertaining to the resident including clinical records within 24 hours; and

(b) After receipt of their records for inspection, to purchase at a cost not to exceed 25 cents a page, photocopies of the records or any portions of them upon request and two working days advance notice to the nursing home. For the purposes of this chapter, "working days" means Monday through Friday, except for legal holidays.

(3) The resident has the right to:

(a) Be fully informed in words and language that they can understand of their total health status, including, but not limited to, their medical condition;

(b) Accept or refuse treatment; and

(4) The nursing home must inform each resident:

(a) Who is entitled to medicaid benefits, in writing, prior to the time of admission to the nursing facility or, when the resident becomes eligible for medicaid of the items, services and activities:

(i) That are included in nursing facility services under the medicaid state plan and for which the resident may not be charged; and

(ii) That the nursing home offers and for which the resident may be charged, and the amount of charges for those services.

(b) That deposits, admission fees, and prepayment of charges cannot be solicited or accepted from medicare or medicaid eligible residents; and

(5) The nursing home must, except for emergencies, inform each resident in writing, 30 days in advance before changes are made to the availability or charges for items, services, or activities specified in section (4)(a)(i) and (ii) of this section, or before changes to the nursing home rules.

(6) The private pay resident has the right to the following, regarding fee disclosure-deposits:

(a) Prior to admission, a nursing home that requires payment of an admission fee, deposit, or a minimum stay fee, by or on behalf of an individual seeking admission to the nursing home, must provide the individual:

(i) Full disclosure in writing in a language the potential resident or their representative understands:

(A) Of the nursing home's schedule of charges for items, services, and activities provided by the nursing home; and

(B) Of what portion of the deposits, admissions fees, prepaid charges, or minimum stay fee will be refunded to the resident if the resident leaves the nursing home.

(ii) The amount of any admission fees, deposits, or minimum stay fees.

(iii) If the nursing home does not provide these disclosures, the nursing home must not keep deposits, admission fees, prepaid charges, or minimum stay fees.

(b) If a resident dies or is hospitalized or is transferred and does not return to the nursing home, the nursing home:

(i) Must refund any deposit or charges already paid, less the home's per diem rate, for the days the resident actually resided or reserved or retained a bed in the nursing home, regardless of any minimum stay or discharge notice requirements; except that

(ii) The nursing home may retain an additional amount to cover its reasonable, actual expenses incurred as a result of a private pay resident's move, not to exceed five days per diem charges, unless the resident has given advance notice in compliance with the admission agreement.

(c) The nursing home must refund any and all refunds due the resident within 30 days from the resident's date of discharge from the nursing home; and

(d) Where the nursing home requires the execution of an admission contract by or on behalf of an individual seeking admission to the nursing home, the terms of the contract must be consistent with the requirements of this section.

(7) The nursing home must furnish a written description of legal rights which includes:

(a) A description of the manner of protecting personal funds, under WAC 388-97-0340;

(b) In the case of a nursing facility only, a description of the requirements and procedures for establishing eligibility for medicaid, including the right to request an assessment which determines the extent of a couple's nonexempt resources at the time of institutionalization and attributes to the community spouse an equitable share of resources which cannot be considered available for payment toward the cost of the institutionalized spouse's medical care in their process of spending down to medicaid eligibility levels;

(c) A posting of names, addresses, and telephone numbers of all relevant state client advocacy groups such as the state survey and certification agency, the state licensure office, the state ombuds program, the protection and advocacy network, and the medicaid fraud control unit; and

(d) A statement that the resident may file a complaint with the state survey and certification agency concerning resident abandonment, abuse, neglect, financial exploitation, and misappropriation of resident property in the nursing home.

(8) The nursing home must:

(a) Inform each resident of the name, and specialty of the physician responsible for their care; and

(b) Provide a way for each resident to contact their physician.

(9) The skilled nursing facility and nursing facility must prominently display in the facility written information, and provide to residents and individuals applying for admission oral and written information, about how to apply for and use medicare and medicaid benefits, and how to receive refunds for previous payments covered by such benefits.

(10) The written information provided by the nursing home pursuant to this section, and the terms of any admission contract executed between the nursing home and an individual seeking admission to the nursing home, must be consistent with the requirements of chapters 74.42 and 18.51 RCW and, in addition, for facilities certified under medicare or medicaid, with the applicable federal requirements.

[Statutory Authority: RCW 74.42.620 and chapter 18.51 RCW. WSR 24-07-008, § 388-97-0300, filed 3/7/24, effective 4/7/24. Statutory Authority: Chapters 18.51 and 74.42 RCW. WSR 14-12-040, § 388-97-0300, filed 5/29/14, effective 6/29/14. Statutory Authority: Chapters 18.51 and 74.42 RCW and 42 C.F.R. 489.52. WSR 08-20-062, § 388-97-0300, filed 9/24/08, effective 11/1/08.]

PDF388-97-03001

Notice of rights and services—Requirements in effect May 15, 2020, through May 7, 2022, in response to the state of emergency related to the COVID-19 pandemic.

In response to the state of emergency related to the COVID-19 pandemic, the department adopted emergency rules under RCW 34.05.350 on May 15, 2020, to amend and suspend portions of WAC 388-97-0300. The emergency rules remained in effect until May 7, 2022. The following rule was in effect during that time:

(a) All rules and regulations governing resident conduct, resident's rights and responsibilities during the stay in the nursing home;

(b) Advanced directives, and of any nursing home policy or practice that might conflict with the resident's advance directive if made;

(d) Advance notice of deposits and refunds, consistent with RCW 70.129.150; and

(e) Items, services, and activities available in the nursing home and of charges for those services, including any charges for services not covered under medicare or medicaid or by the home's per diem rate.

(2) The resident has the right to purchase at a cost not to exceed 25 cents a page, photocopies of the records or any portions of them upon request and 10 working days advance notice to the nursing home. For the purposes of this chapter, "working days" means Monday through Friday, except for legal holidays.