Section 388-78A-3200 - Progression of enforcement remedies(1) When the department cites a boarding home for an initial problem that does not represent a recurring problem, serious problem or uncorrected problem, and that results in minimal or moderate harm that is limited in scope, the department may: (a) Require a plan of correction from the boarding home;(b) Impose conditions on the boarding home license; and/or(c) Impose a civil penalty.(2) The department may take any of the actions specified in subsection (1) of this section and/or impose a stop-placement or limited stop-placement on a boarding home when: (a) There is a reasonable probability, at the time the stop-placement or limited stop-placement is imposed, at least a moderate degree of harm will occur or recur as a result of a single problem or by a combination of problems; and(b) The threatening problem is more than an isolated event or occurrence.(3) The department may take any of the actions specified in subsections (1) and (2) of this section and/or summarily suspend a boarding home's license when: (a) There is an imminent threat that a serious degree of harm may occur to residents as a result of a single problem or a combination of problems; and(b) The threatening problem is more than an isolated event or occurrence.(4) The department may take any of the actions specified in subsections (1), (2) and (3) of this section and/or revoke a boarding home's license when: (a) The department has cause to summarily suspend the boarding home's license;(b) There is a current problem with the boarding home and the boarding home has a history of having enforcement remedies imposed by the department;(c) There is a current problem with the boarding home and the boarding home has a history of noncompliance representing problems that were at least moderate in nature and moderate in scope;(d) The boarding home has moved all residents out of the boarding home without the department's approval and is no longer operating as a boarding home; or(e) There is a serious current problem, which may not warrant a summary suspension, with the boarding home that does not have a history of noncompliance. Examples of the types of serious current problems that may warrant license revocation include, but are not limited to: (i) The licensee has been found or convicted by a court of competent jurisdiction to have engaged in fraudulent activity; or(ii) The licensee is experiencing significant financial problems resulting in poor care or jeopardizing the care and services that can be provided to residents, and possible business failure; or(f) The boarding home fails to cooperate with the department during any inspection or complaint investigation.Wash. Admin. Code § 388-78A-3200
Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-3200, filed 7/30/04, effective 9/1/04.