WAC 246-335-050   Deemed status.  (1) A home health or hospice licensee that is certified by the federal medicare program, or accredited by the community health accreditation program, or the joint commission on accreditation of health care organizations is not subject to a state licensure survey when exempt under subsection (3) of this section or the department has granted deemed status under subsection (6) of this section.

     (2) An in-home services licensee under contract with and monitored by the department of social and health services or AAA to provide home care services must notify the department when the contract is initiated. The licensee is not required to submit the information noted in subsection (4) of this section and is not subject to a state licensure survey when the department has granted deemed status under subsection (6) of this section.

     (3) An agency certified by the federal medicare program is automatically granted deemed status for state licensure survey and is not required to submit the information noted in subsection (4) of this section.

     (4) An agency accredited by the community health accreditation program or the joint commission on accreditation of health care organizations requesting deemed status, except as provided in subsection (5) of this section, must submit to the department:

     (a) A written request to be considered for deemed status;

     (b) Verification of accreditation; and

     (c) A copy of the decisions and findings of the accrediting organization based on an on-site survey within the twenty-four month period preceding the request for deemed status.

     (5) A licensee may not request deemed status for an initial license or the survey conducted during the initial licensure period.

     (6) The department shall grant deemed status to an in-home services category when:

     (a) The department determines, using a liberal interpretation, the survey standards used at the time of certification, accreditation, or monitoring are substantially equivalent to chapter 70.127 RCW; and

     (b) The licensee meets the requirements of this chapter and otherwise qualifies for licensure.

     (7) If the department determines that the survey standards are not substantially equivalent to those required by this chapter, the department will notify the affected licensees with:

     (a) A detailed description of the deficiencies in the alternate survey process; and

     (b) An explanation concerning the risk to the consumer.

     (8) The department may conduct validation surveys of agencies with deemed status according to RCW 70.127.085.

     (9) The department retains authority to:

     (a) Survey those in-home services categories not accredited, certified or monitored by the organizations specified in this section; and

     (b) Investigate complaints against a deemed agency.



[Statutory Authority: Chapter 70.127 RCW. 02-18-026, § 246-335-050, filed 8/23/02, effective 10/1/02.]