WAC 246-337-035
Procedures to deny, suspend, modify or
revoke a license. (1) The department may deny, suspend,
modify, or revoke a RTF facility license under chapters 71.12, 43.70, 34.05 RCW and 246-10 WAC, if the applicant or licensees
have:
(a) Been denied a license to operate a health care, child
care, group care or personal care facility in this state or
elsewhere, had the license suspended or revoked, or been found
civilly liable or criminally convicted of operating the
facility without a license;
(b) Committed, aided or abetted an illegal act in
connection with the operation of any RTF or the provision of
health care or residential services;
(c) Abandoned, abused, neglected, assaulted, or
demonstrated indifference to the welfare and well-being of a
resident;
(d) Failed to take immediate corrective action in any
instance of assault, abuse, neglect, or indifference to the
welfare of a resident;
(e) Retaliated against a staff member, resident or other
individual for reporting suspected abuse or other alleged
improprieties;
(f) Failed to comply with any of the provisions of
chapter 71.12 RCW or this chapter; or
(g) Failed to meet DSHS certification standards under
chapters 71.05, 70.96A and 71.34 RCW.
(2) An applicant or licensee may contest a disciplinary
decision or action of the department under RCW 43.70.115,
chapters 34.05 RCW and 246-10 WAC.
(3) The department may summarily suspend a license
pending a proceeding for revocation or other action if the
department determines a deficiency is an imminent threat to a
resident's health, safety, or welfare.
(4) In addition to any other rights allowed under
applicable law, the department may address violations by an
applicant or a licensee of chapter 71.12 RCW or this chapter
by:
(a) Offering a plan of correction if the department
determines that identified deficiencies are not major, broadly
systemic, or of a recurring nature. Under this chapter, a
"plan of correction" is a proposal devised by the applicant or
licensee and approved by the department, that includes
specific corrective actions that must be taken to correct
identified deficiencies and a time frame in which to complete
them. Implementation is required within the approved time
frame, and is subject to verification by the department;
(b) Offering a directed plan of correction if the
department determines that identified deficiencies are broadly
systemic, recurring, or of a significant threat to public
health and safety. Under this chapter, a "directed plan of
correction" is a plan of correction based on a statement of
deficiencies, and includes specific corrective actions that
must be taken and a time frame in which to complete them.
Under this chapter, a "statement of deficiencies" is a survey
or investigation report completed by the department
identifying one or more deficiencies. The final content of
the directed plan of correction will be reached during
meetings between the department and the licensee, following an
initial statement of general requirements by the department.
Timelines will be reduced to the minimum necessary, even prior
to formalization of the directed plan of correction, to
redress problems;
(c) Initiating administrative action, under chapter 34.05 RCW, RCW 43.70.115 and chapter 246-10 WAC, either as the
department's primary alternative, or in the event the
department requires corrective action under (a) or (b) of this
subsection, and the applicant or licensee fails to correct
identified deficiencies to the department's satisfaction
within the approved time frame; and/or
(d) Taking administrative action initiated under chapter 34.05 RCW:
(i) An administrative action may result in a hearing
before a presiding officer and the issuance of formal findings
and a directed order;
(ii) The administrative action and any resulting order
constitute formal action under the provisions of chapter 34.05 RCW.
[Statutory Authority: Chapter 71.12 RCW. 05-15-157, §
246-337-035, filed 7/20/05, effective 8/20/05.]