Dispute settlement.
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: Chapter
72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-105, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW
43.60A.070 and chapter
72.36 RCW. WSR 04-19-026, § 484-20-105, filed 9/9/04, effective 10/10/04; WSR 94-22-050, § 484-20-105, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW
43.60A.070. WSR 92-17-046, § 484-20-105, filed 8/14/92, effective 9/14/92; WSR 85-20-099 (Order 85-01), § 484-20-105, filed 10/1/85; Order 7659, § 484-20-105, filed 7/28/77.]
