Washington Administrative Code
Title 246 - Health, Department of
FACILITY STANDARDS AND LICENSING
Chapter 246-337 - Residential treatment facility
Section 246-337-021 - On-site surveys, complaint investigations, and enforcement
Universal Citation: WA Admin Code 246-337-021
Current through Register Vol. 24-18, September 15, 2024
(1) To determine compliance with chapter 71.12 RCW and this chapter, the department may:
(a) Conduct unannounced on-site surveys after
initial licensure; and
(b)
Investigate complaints alleging noncompliance with chapter 71.12 RCW and this
chapter.
(2) The licensee shall assist the department during on-site surveys and investigations in a cooperative manner.
(3) Notice of correction.
(a) When the department
identifies deficiencies it does not determine to be major, broadly systemic, or
of a recurring nature, the department will issue the administrator a notice of
correction according to
RCW
43.05.100.
(b) The "notice of correction" will include:
(i) A description of the condition that is
not in compliance and the text of the specific section or subsection of the
applicable law or rule;
(ii) A
brief statement of what is required to achieve compliance;
(iii) The date by which the department
requires compliance to be achieved;
(iv) Notice of the means to contact any
technical assistance services provided by the department or other sources of
technical assistance; and
(v)
Notice of when, where, and to whom a request to extend the time to achieve
compliance for good cause may be filed with the department.
(4) Plan of correction.
(a) At the same time the department issues a
notice of correction as identified in subsection (3) of this section, the
department will provide instructions on how the administrator will complete and
submit a plan of correction.
(b)
The "plan of correction" must be approved by the department and include:
(i) A statement that the administrator:
(A) Has or will correct each cited
deficiency; and
(B) Will maintain
correction of each cited deficiency.
(ii) A place for the administrator to
describe the specific action(s) that must be taken to correct each cited
deficiency;
(iii) A place for the
administrator to indicate the individual responsible for assuring correction of
each deficiency; and
(iv) A place
for the administrator to indicate the time frame in which to complete the
corrections.
(c) Time
frames to correct each cited deficiency in the notice of correction must be
approved by the department.
(d)
Implementation of the corrective action must be completed within the approved
time frame and is subject to verification by the department.
(e) The administrator or the administrator's
designee shall:
(i) Complete, sign, date, and
submit a written plan of correction to the department within ten business days
of receiving a notice of correction; and
(ii) Submit to the department updated plans
of correction as needed.
(5) Directed plan of correction.
(a) When the department identifies
deficiencies it determines to be broadly systemic, recurring, or of a
significant threat to public health and safety, it will issue a directed plan
of correction.
(b) The directed
plan of correction will include:
(i) Direction
from the department on the specific corrective action(s) required for the
licensee to correct each cited deficiency; and
(ii) The time frames in which the department
requires the licensee to complete each cited deficiency.
(c) The department may reduce the time frames
in the directed plan of correction to the minimum necessary. Implementation of
the directed corrective action(s) must be completed within the approved time
frame and is subject to verification by the department.
(6) The department may deny, suspend, modify, or revoke an RTF license under chapters 71.12, 43.70, 34.05 RCW, and 246-10 WAC, if the applicant or licensees have:
(a)
Failed to correct any deficiencies within the required time frames as described
in subsections (3) through (5) of this section;
(b) Failed to comply with any other provision
of chapter 71.12 RCW or this chapter;
(c) Failed to meet certification standards
under chapters 71.05, 71.24, and 71.34 RCW;
(d) 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;
(e) Committed, aided or abetted an illegal
act in connection with the operation of any RTF or the provision of health care
or residential services;
(f)
Abandoned, abused, neglected, assaulted, or demonstrated indifference to the
welfare and well-being of a resident;
(g) Failed to take immediate corrective
action in any instance of assault, abuse, neglect, or indifference to the
welfare of a resident; or
(h)
Retaliated against a staff member, resident, or other individual for reporting
suspected abuse or other alleged improprieties.
(7) 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.
(8) A licensee may contest a department decision or action according to the provision of RCW 43.70.115, chapter 34.05 RCW, and chapter 246-10 WAC.
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