WAC 388-78A-2590 Management agreements—General. (1) If the proposed or current licensee uses a manager, the licensee must have a written management agreement that is consistent with this chapter.
(2) The proposed or current licensee must notify the department of its use of a manager upon:
- Initial application for a license;
- Retention of a manager following initial application;
- Change of managers; and(d) Modification of existing management agreement.
- The proposed or current licensee must provide to the depart-ment a written management agreement, including an organizational chart showing the relationship between the proposed or current licensee, management company, and all related organizations.
- The written management agreement must be submitted:(a) Sixty days before:
- The initial licensure date;
- The proposed change of ownership date; or
- The effective date of the management agreement; or
(b) Thirty days before the effective date of any amendment to an existing management agreement.
- The proposed licensee or the current licensee must notify the resident and their representatives sixty days before entering into a new management agreement.
- A proposed licensee must submit a management agreement attes-tation form, as required by the assisted living facility application.
[Statutory Authority: Chapter 18.20 RCW. WSR 18-08-032, § 388-78A-2590, filed 3/27/18, effective 4/27/18; WSR 10-03-066, § 388-78A-2590, filed 1/15/10, effective 2/15/10. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065,
- 388-78A-2590, filed 7/30/04, effective 9/1/04.]
WAC 388-78A-2592 Management agreements—Licensee. (1) The licensee is responsible for:
- The daily operations and provisions of services in the assis-ted living facility, as required by WAC 388-78A-2730 (1)(a);
- Ensuring the assisted living facility is operated in a manner consistent with all laws and rules applicable to assisted living facilities, as required by WAC 388-78A-2730 (1)(b);
- Ensuring the manager acts in conformance with the management agreement; and
- Ensuring the manager does not represent itself as, or give the appearance that it is the licensee.
- The licensee must not give the manager responsibilities that are so extensive that the licensee is relieved of daily responsibility for the daily operations and provision of services in the assisted living facility. If the licensee does so, then the department must determine that a change of ownership has occurred.
- The licensee and manager must act in accordance with the terms of the management agreements. If the department determines they are not, then the department may impose enforcement remedies.
- The licensee may enter into a management agreement only if the management agreement creates a principal/agent relationship between the licensee and manager.
[Statutory Authority: Chapter 18.20 RCW. WSR 18-08-032, § 388-78A-2592, filed 3/27/18, effective 4/27/18; WSR 13-13-063, §
388-78A-2592, filed 6/18/13, effective 7/19/13; WSR 10-03-066, § 388-78A-2592, filed 1/15/10, effective 2/15/10.]
WAC 388-78A-2593 Management agreements—Terms of agreement. Management agreements, at a minimum must:
- Describe the responsibilities of the licensee and manager, including items, services, and activities to be provided;
- Require the licensee’s governing body, board of directors, or similar authority to appoint the facility administrator;
- Provide for the maintenance and retention of all records in accordance with this chapter and other applicable laws;
- Allow unlimited access by the department to documentation and records according to applicable laws or regulations;
- Require the manager to immediately send copies of inspections and notices of noncompliance to the licensee;
- State that the licensee is responsible for reviewing, ac-knowledging and signing all assisted living facility initial and renewal license applications;
- State that the manager and licensee will review the manage-ment agreement annually and notify the department of any change according to applicable regulations;
- Acknowledge that the licensee is the party responsible for complying with all laws and rules applicable to assisted living facilities;
- Require the licensee to maintain ultimate responsibility over personnel issues relating to the operation of the assisted living facility and care of the residents, including but not limited to, staffing plans, orientation and training;
- State the manager will not represent itself, or give the ap-pearance it is the licensee; and
- State that a duly authorized manager may execute resident leases or agreements on behalf of the licensee, but all such resident leases or agreements must be between the licensee and the resident.
[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2593, filed 6/18/13, effective 7/19/13; WSR 10-03-066, § 388-78A-2593, filed 1/15/10, effective 2/15/10.]
WAC 388-78A-2594 Management agreements—Department review. The department may review a management agreement at any time. Following the review, the department may require:
- The proposed or current licensee or manager to provide addi-tional information or clarification;
- Any changes necessary to:
- Bring the management agreement into compliance with this chapter; and
- Ensure that the licensee has not been relieved of the respon-sibility for the daily operations of the facility.
- The licensee to participate in monthly meetings and quarterly on-site visits to the assisted living facility.
[Statutory Authority: Chapter 18.20 RCW. WSR 18-08-032, § 388-78A-2594, filed 3/27/18, effective 4/27/18; WSR 13-13-063, §
388-78A-2594, filed 6/18/13, effective 7/19/13; WSR 10-03-066, § 388-78A-2594, filed 1/15/10, effective 2/15/10.]
WAC 388-78A-2595 Management agreements—Resident funds. (1) If the management agreement delegates day-to-day management of resident funds to the manager, the licensee:
- Retains all fiduciary and custodial responsibility for funds that have been deposited with the assisted living facility by the resident;
- Is directly accountable to the residents for such funds; and
- Must ensure any party responsible for holding or managing residents’ personal funds is bonded or obtains insurance in sufficient amounts to specifically cover losses of resident funds; and provides proof of bond or insurance.
(2) If responsibilities for the day-to-day management of the resident funds are delegated to the manager, the manager must:
- Provide the licensee with a monthly accounting of the resi-dent funds; and
- Meet all legal requirements related to holding, and account-ing for, resident funds.
[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2595, filed 6/18/13, effective 7/19/13; WSR 10-03-066, §
388-78A-2595, filed 1/15/10, effective 2/15/10.]