WAC 246-335-040   Applicant or licensee rights and responsibilities.  (1) An applicant or licensee must:

     (a) Comply with the provisions of chapter 70.127 RCW and this chapter;

     (b) Display the license issued by the department in an area accessible to the public;

     (c) Notify the department in writing:

     (i) When there are changes of administrator, director of clinical services, or supervisor of direct care services;

     (ii) Within thirty days of beginning or ceasing operation of any office location(s);

     (iii) Thirty or more days before ceasing operation of any in-home services category licensed by the department;

     (iv) To request approval to expand home health, hospice or home care service areas. An agency must submit information based on the criteria in WAC 246-335-055 (1)(a)(vi) and receive approval for service area expansion prior to providing services in the proposed expanded service area;

     (v) When decreasing home health, hospice or home care service areas; and

     (vi) Within thirty days of receipt, for deemed agencies only, of all decisions and findings from an accrediting entity, including any changes in accreditation or monitored status;

     (d) Cooperate with the department during surveys which may include reviewing licensee records and conducting on-site visits with patient or client consent;

     (e) Respond to a statement of deficiencies by submitting to the department:

     (i) Within ten working days of receipt, a written plan of correction for each deficiency. All corrections must be completed within sixty days after the survey exit date, unless otherwise specified by the department; and

     (ii) No longer than ninety days after the survey exit date, a progress report describing corrections made and ongoing monitoring actions, unless otherwise specified by the department.

     (2) An applicant or licensee will:

     (a) Receive a written statement of deficiencies found during a survey; and

     (b) Receive written service area approval or denial;

     (3) An applicant or licensee may:

     (a) Discuss findings observed during a survey with the surveyor; and

     (b) Discuss the statement of deficiencies, denial of service area under WAC 246-335-045 (2)(f), or denial of an exemption under WAC 246-335-125 or 246-335-295 with the department's manager;

     (4) An applicant or licensee has the right to respond to and contest a statement of charges according to the following provisions:

     (a) RCW 43.70.115, department of health authority for license approval, denial, restriction, conditioning, modification, suspension and revocation;

     (b) Chapter 34.05 RCW, the Administrative Procedure Act; and

     (c) Chapter 246-10 WAC, Adjudicative proceedings.



[Statutory Authority: Chapter 70.127 RCW. 02-18-026, § 246-335-040, filed 8/23/02, effective 10/1/02.]