Revised Code of Washington - RCW Title 18 Businesses And Professions - Chapter 18.51 Nursing Homes

  • 18.51.005 Purpose
    The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the maintenance and operation of nursing homes, which, ...
  • 18.51.007 Legislative intent
    It is the intent of the legislature in enacting chapter 99, Laws of 1975 1st ex. sess. to establish (1) a system for the imposition ...
  • 18.51.009 Resident rights
    RCW 70.129.007, 70.129.105, and 70.129.150 through 70.129.170 apply to this chapter and persons regulated under this chapter.[1994 c 214 § 22.]Notes:      Severability -- Conflict with ...
  • 18.51.010 Definitions
    (1) "Nursing home" means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in ...
  • 18.51.030 License required
    After July 1, 1951 no person shall operate or maintain a nursing home in this state without a license under this chapter.[1951 c 117 § ...
  • 18.51.040 Application for license
    An application for license shall be made to the department upon forms provided by it and shall contain such information as the department reasonably requires, ...
  • 18.51.050 License -- Issuance, renewal -- Fee -- Display
    Upon receipt of an application for license, the department shall issue a license if the applicant and the nursing home facilities meet the requirements established ...
  • 18.51.054 Denial of license
    The department may deny a license to any applicant if the department finds that the applicant or any partner, officer, director, managerial employee, or owner ...
  • 18.51.060 Penalties -- Grounds
    (1) In any case in which the department finds that a licensee, or any partner, officer, director, owner of five percent or more of the ...
  • 18.51.062 Temporary managers--Department shall indemnify, defend, and hold harmless
    The department shall indemnify, defend, and hold harmless any temporary manager appointed and acting under RCW 18.51.060(7) against claims made against the temporary manager for ...
  • 18.51.065 Penalties -- Hearing (as amended by 1989 c 175). ((All orders of the department denying, suspending, or revoking the license or assessing a monetary penalty shall become final twenty days after the same has ...
  • 18.51.065 Penalties -- Hearing (as amended by 1989 c 372). ((All orders of the department denying, suspending, or revoking the license or assessing a monetary penalty shall become final twenty days after the same has ...
  • 18.51.067 License suspension -- Noncompliance with support order -- Reissuance
    The department shall immediately suspend the license of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health ...
  • 18.51.070 Rules
    The department, after consultation with the nursing home advisory council and the board of health, shall adopt, amend, and promulgate such rules, regulations, and standards ...
  • 18.51.091 Inspection of nursing homes and community-based services -- Notice of violations -- Approval of alterations or new facilities
    The department shall make or cause to be made at least one inspection of each nursing home prior to license renewal and shall inspect community-based ...
  • 18.51.140 Fire protection -- Duties of chief of the Washington state patrol
    Standards for fire protection and the enforcement thereof, with respect to all nursing homes to be licensed hereunder, shall be the responsibility of the chief ...
  • 18.51.145 Building inspections -- Authority of chief of the Washington state patrol
    Inspections of nursing homes by local authorities shall be consistent with the requirements of chapter 19.27 RCW, the state building code. Findings of a serious ...
  • 18.51.150 Operating without license -- Penalty
    Any person operating or maintaining any nursing home without a license under this chapter shall be guilty of a misdemeanor and each day of a ...
  • 18.51.160 Operating without license -- Injunction
    Notwithstanding the existence or use of any other remedy, the department, may, in the manner provided by law, upon the advice of the attorney general ...
  • 18.51.170 Application of chapter to homes or institutions operated by certain religious organizations
    Nothing in this chapter or the rules and regulations adopted pursuant thereto shall be construed as authorizing the supervision, regulation, or control of the remedial ...
  • 18.51.180 Out-patient services -- Authorized -- Defined
    A nursing home may, pursuant to rules and regulations adopted by the department of social and health services, offer out-patient services to persons who are ...
  • 18.51.185 Out-patient services -- Cost studies -- Vendor rates
    The department of social and health services shall assist the nursing home industry in researching the costs of out-patient services allowed under RCW 18.51.180. Such ...
  • 18.51.190 Complaint of violation -- Request for inspection -- Notice -- Confidentiality
    Any person may request an inspection of any nursing home subject to licensing under this chapter in accordance with the provisions of this chapter by ...
  • 18.51.200 Preliminary review of complaint -- On-site investigation
    Upon receipt of a complaint, the department shall make a preliminary review of the complaint. Unless the department determines that the complaint is wilfully intended ...
  • 18.51.210 Authority to enter and inspect nursing home -- Advance notice -- Defense
    (1) Any duly authorized officer, employee, or agent of the department may enter and inspect any nursing home, including, but not limited to, interviewing residents ...
  • 18.51.220 Retaliation or discrimination against complainant prohibited, penalty -- Presumption
    (1) No licensee shall discriminate or retaliate in any manner against a patient or employee in its nursing home on the basis or for the ...
  • 18.51.230 General inspection before license renewal -- Required -- Advance notice prohibited
    The department shall, in addition to any inspections conducted pursuant to complaints filed pursuant to RCW 18.51.190, conduct at least one general inspection prior to ...
  • 18.51.240 Alterations or additions -- Preliminary inspection and approval
    The department may prescribe by regulations that any licensee or applicant desiring to make specific types of alterations or additions to its facilities or to ...
  • 18.51.250 Nursing homes without violations -- Public agencies notified -- Priority
    On or before February 1st of each year, the department shall notify all public agencies which refer patients to nursing homes of all of the ...
  • 18.51.260 Posting citations for violation of RCW 18.51.060
    Each citation for a violation specified in RCW 18.51.060 which is issued pursuant to this section and which has become final, or a copy or ...
  • 18.51.270 Annual report of citations -- Publication -- Contents
    The department shall annually publish a report listing all licensees by name and address, indicating (1) the number of citations and the nature of each ...
  • 18.51.280 Chapter cumulative
    The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the ...
  • 18.51.290 Writings as public records
    Any writing received, owned, used, or retained by the department in connection with the provisions of this chapter is a public record and, as such, ...
  • 18.51.300 Retention and preservation of records of patients
    Unless specified otherwise by the department, a nursing home shall retain and preserve all records which relate directly to the care and treatment of a ...
  • 18.51.310 Comprehensive plan for utilization review -- Licensing standards -- Regulations
    (1) The department shall establish, in compliance with federal and state law, a comprehensive plan for utilization review as necessary to safeguard against unnecessary utilization ...
  • 18.51.320 Contact with animals -- Rules
    (1) A nursing home licensee shall give each patient a reasonable opportunity to have regular contact with animals. The licensee may permit appropriate animals to ...
  • 18.51.350 Conflict with federal requirements
    If any part of this chapter is found to conflict with federal requirements which are a prescribed condition to the allocation of federal funds to ...
  • 18.51.400 Receivership -- Legislative findings
    The legislature finds that the closure of a nursing home can have devastating effects on residents and, under certain circumstances, courts should consider placing nursing ...
  • 18.51.410 Receivership -- Petition to establish -- Grounds
    A petition to establish a receivership shall allege that one or more of the following conditions exist and that the current operator has demonstrated an ...
  • 18.51.420 Receivership -- Defenses to petition
    It shall be a defense to the petition to establish a receivership that the conditions alleged do not in fact exist. It shall not be ...
  • 18.51.430 Receivership -- Persons qualified to act as receiver
    A petition for receivership shall include the name of the candidate for receiver. The department shall maintain a list of qualified persons to act as ...
  • 18.51.440 Receivership -- Judicial hearing
    Upon receipt of a petition for receivership, the court shall hear the matter within fourteen days. Temporary relief may be obtained under chapter 7.40 RCW ...
  • 18.51.450 Receivership -- Appointment of receiver
    Upon agreement of the candidate for receiver to the terms of the receivership and any special instructions of the court, the court may appoint that ...
  • 18.51.460 Receivership -- Termination -- Conditions
    (1) The receivership shall terminate: (a) When all deficiencies have been eliminated and the court determines that the facility has the management capability to ensure ...
  • 18.51.470 Receivership -- Accounting of acts and expenditures by receiver
    The receiver shall render to the court an accounting of acts performed and expenditures made during the receivership. Nothing in this section relieves a court-appointed ...
  • 18.51.480 Receivership -- Compensation, liability -- Revision of medicaid reimbursement rate
    If a receiver is appointed, the court shall set reasonable compensation for the receiver to be paid from operating revenues of the nursing home. The ...
  • 18.51.490 Receivership -- Powers of receiver
    Upon appointment of a receiver, the current or former licensee or operator and managing agent, if any, shall be divested of possession and control of ...
  • 18.51.500 Receivership -- Financial assistance -- Use of revenues and proceeds of facility
    Upon order of the court, the department shall provide emergency or transitional financial assistance to a receiver not to exceed thirty thousand dollars. The receiver ...
  • 18.51.510 Receivership -- State medical assistance
    If the nursing home is providing care to recipients of state medical assistance, the receiver shall become the medicaid contractor for the duration of the ...
  • 18.51.520 Receivership -- Foreclosures and seizures not allowed
    No seizure, foreclosure, or interference with nursing home revenues, supplies, real property, improvements, or equipment may be allowed for the duration of the receivership without ...
  • 18.51.530 Notice of change of ownership or management
    At least sixty days before the effective date of any change of ownership, change of operating entity, or change of management of a nursing home, ...
  • 18.51.540 Cost disclosure to attending physicians
    (1) The legislature finds that the spiraling costs of nursing home care continue to surmount efforts to contain them, increasing at approximately twice the inflationary ...
  • 18.51.550 Investigation of complaints of violations concerning nursing technicians
    The department shall investigate complaints of violations of RCW 18.79.350 and 18.79.360 by an employer. The department shall maintain records of all employers that have ...
  • 18.51.900 Severability -- 1951 c 117
    If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the ...
  • 18.51.910 Nursing home advisory council -- Termination
    The nursing home advisory council and its powers and duties shall be terminated on June 30, 1992, as provided in RCW 18.51.911.[1990 c 297 § ...
  • 18.51.911 Nursing home advisory council -- Repeal
    The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1993: (1) Section 11, chapter 117, ...

Last modified: April 7, 2009