Current through Register Vol. 24-18, September 15, 2024
Residents have two avenues to appeal an administrative
action.
Exception: Transfer and/or discharge of a medicaid certified
nursing facility resident is governed by WAC 388-97-0120. Transfer and/or
discharge appeals is governed by WAC 388-97-0140.
(1)
Informal settlement.
Informal settlement of matters that may make more elaborate proceedings
unnecessary under this chapter is strongly encouraged. Use of the informal
settlement process does not preclude a resident from requesting an adjudicative
proceeding at any time during the informal settlement process.
(a) An informal settlement to review an
administrative action by the department may be requested by forwarding a
written request to the superintendent, not later than twenty-one days following
receipt of the written notice of an administrative action by the state veterans
home.
(b) Within fourteen days of
receipt of the request for review, the superintendent or his/her designee shall
review the administrative action and shall inform the resident of his/her
decision to uphold, modify or reverse the administrative action. Notification
of the superintendent's decision will be given in writing and in all cases the
superintendent's decision shall be final except in the case of a request to
continue the matter through an adjudicative proceeding.
(2)
Adjudicative proceeding. An
adjudicative proceeding is a formal appeal of an administrative action.
(a) An adjudicative proceeding may be
requested by forwarding a written request to the superintendent not later than
twenty-one days from the date the resident receives the notice of an
administrative action or a final decision under the informal settlement
provisions of this section.
(b) All
such requests shall include a statement of whether the resident is represented
and, if so, the name and address of the representative and be signed by the
resident or his/her legal representative.
(c) The department shall immediately forward
the request to the office of administrative hearings for scheduling of an
administrative hearing pursuant to chapters 34.05 and 34.12 RCW and chapter
10-08 WAC.
(d) Any administrative
action imposed pursuant to this chapter shall be deferred until the outcome of
the administrative hearing except in cases of discharge under WAC 484-20-120(1)(a), (b), and (c).
(e)
Administrative hearings pursuant to this subsection shall be conducted in the
state veterans home in which the client resides except that in cases of
discharge under WAC 484-20-120(1)(e), the hearing shall be conducted in a
location which is jointly agreed upon by both parties.
(f) Initial orders issued by the
administrative law judge shall become final twenty-one days following issuance,
unless the complaining party or the state veterans home requests a review of
the order. In the case of such a review, the director or his/her designee,
serving as the department's reviewing officer, shall conduct a review pursuant
to chapter 34.05 RCW and issue a final order in the matter under
consideration.
Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. 04-19-026, §
484-20-105, filed 9/9/04, effective 10/10/04; 94-22-050, §
484-20-105, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. 92-17-046, §
484-20-105, filed 8/14/92, effective 9/14/92; 85-20-099 (Order 85-01), §
484-20-105, filed 10/1/85; Order 7659, §
484-20-105, filed 7/28/77.
