(1) The department is authorized to impose enforcement remedies described in WAC
388-78A-3160 if any person described in subsection (2) of this section is found by the department to have:
(a) A history of significant noncompliance with federal or state laws or regulations in providing care or services to frail elders, vulnerable adults or children, whether as a licensee, contractor, managerial employee or otherwise. Evidence of significant noncompliance may include, without limitation:
(i) Citations for violation of laws or regulations imposed by regulating entities;
(ii) Sanctions for violation of laws or regulations imposed by regulating entities;
(iii) Involuntary termination, cancellation, suspension, or nonrenewal of a medicaid contract or medicare provider agreement, or any other agreement with a public agency for the care or treatment of children, frail elders or vulnerable adults;
(iv) Been denied a license relating to the care of frail elders, vulnerable adults or children; or
(v) Relinquished or failed to renew a license relating to care of frail elders, vulnerable adults or children following written notification of the licensing agency's initiation of denial, suspension, cancellation or revocation of a license.
(b) Failed to provide appropriate care to frail elders, vulnerable adults or children under a contract, or having such contract terminated or not renewed by the contracting agency due to such failure;
(c) Been convicted of a felony, or a crime against a person, if the conviction reasonably relates to the competency of the person to operate a boarding home;
(d) Failed or refused to comply with the requirements of chapter
18.20 RCW, applicable provisions of chapter
70.129 RCW or this chapter;
(e) Retaliated against a staff person, resident or other individual for:
(i) Reporting suspected abuse or other alleged improprieties;
(ii) Providing information to the department during the course of the department conducting an inspection of the boarding home; or
(iii) Providing information to the department during the course of the department conducting a complaint investigation in the boarding home.
(f) Operated a facility for the care of children or adults without a current, valid license or under a defunct or revoked license;
(g) Been convicted of a crime committed on a boarding home premises; knowingly permitted, aided or abetted an illegal act on a boarding home premises; or engaged in the illegal use of drugs or the excessive use of alcohol;
(h) Abused, neglected or exploited a vulnerable adult or knowingly failed to report alleged abuse, neglect or exploitation of a vulnerable adult as required by chapter
74.34 RCW;
(i) Failed to exercise fiscal accountability and responsibility involving a resident, the department, public agencies, or the business community; or to have insufficient financial resources or unencumbered income to sustain the operation of the boarding home;
(j) Knowingly or with reason to know, made false statements of material fact in the application for the license or the renewal of the license or any data attached thereto, or in any matter under investigation by the department;
(k) Willfully prevented or interfered with or attempted to impede in any way any inspection or investigation by the department, or the work of any authorized representative of the department or the lawful enforcement of any provision of this chapter;
(l) Refused to allow department representatives or agents to examine any part of the licensed premises including the books, records and files required under this chapter;
(m) Moved all residents out of the boarding home without the department's approval and to be no longer operating as a boarding home; or
(n) Demonstrated any other factors that give evidence the applicant lacks the appropriate character, suitability and competence to provide care or services to vulnerable adults.
(2) This section applies to any boarding home:
(a) Applicant;
(b) Partner, officer or director;
(c) Manager or managerial employee; or
(d) Majority owner of the applicant or licensee:
(i) Who is involved in the management or operation of the boarding home;
(ii) Who may have direct access to boarding home residents;
(iii) Who controls or supervises the provision of care or services to boarding home residents; or
(iv) Who exercises control over daily operations of the boarding home.
(3) For other circumstances resulting in discretionary enforcement remedies, see WAC
388-78A-3200.
[Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. 04-16-065, § 388-78A-3170, filed 7/30/04, effective 9/1/04.]