WAC 388-78A-2130  Service agreement planning.  The assisted living facility must:

(1) Develop an initial resident service plan, based upon discussions with the resident and the resident’s representative if the resident has one, and the preadmission assessment of a qualified assessor, upon admitting a resident into an assisted living facility. The assisted living facility must ensure the initial resident service plan:

  • Integrates the assessment information provided by the depart-ment’s case manager for each resident whose care is partially or wholly funded by the department or the health care authority;
  • Identifies the resident’s immediate needs; and
  • Provides direction to staff and caregivers relating to the resident’s immediate needs, capabilities, and preferences.
  • Complete the negotiated service agreement for each resident using the resident’s preadmission assessment, initial resident service plan, and full assessment information, within thirty days of the resident moving in;
  • Review and update each resident’s negotiated service agree-ment consistent with WAC 388-78A-2120:
  • Within a reasonable time consistent with the needs of the resident following any change in the resident’s physical, mental, or emotional functioning; and
  • Whenever the negotiated service agreement no longer adequate-ly addresses the resident’s current assessed needs and preferences.
  • Review and update each resident’s negotiated service agree-ment as necessary following an annual full assessment;
  • Involve the following persons in the process of developing and updating a negotiated service agreement:
  • The resident;
  • The resident’s representative to the extent he or she is willing and capable, if the resident has one;
  • Other individuals the resident wants included;
  • The department’s case manager, if the resident is a recipient of medicaid assistance, or any private case manager, if available; and
  • Staff designated by the assisted living facility.

(6) Ensure:

(a) Individuals participating in developing the resident’s negotiated service agreement:

  • Discuss the resident’s assessed needs, capabilities, and preferences; and
  • Negotiate and agree upon the care and services to be provi-ded to support the resident; and

(b) Staff persons document in the resident’s record the agreed upon plan for services.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2130, filed 6/18/13, effective 7/19/13; WSR 12-01-003, § 388-78A-2130, filed 12/7/11, effective 1/7/12. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065,

  • 388-78A-2130, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2140  Negotiated service agreement contents.  The assisted living facility must develop, and document in the resident’s record, the agreed upon plan to address and support each resident’s assessed capabilities, needs and preferences, including the following:

  • The care and services necessary to meet the resident’s needs, including:

(a) The plan to monitor the resident and address interventions for current risks to the resident’s health and safety that were identified in one or more of the following:

  • The resident’s preadmission assessment;
  • The resident’s full assessments;
  • On-going assessments of the resident;
  • The plan to provide assistance with activities of daily liv-ing, if provided by the assisted living facility;
  • The plan to provide necessary intermittent nursing services, if provided by the assisted living facility;
  • The plan to provide necessary health support services, if provided by the assisted living facility;
  • The resident’s preferences for how services will be provided, supported and accommodated by the assisted living facility.
  • Clearly defined respective roles and responsibilities of the resident, the assisted living facility staff, and resident’s family or other significant persons in meeting the resident’s needs and preferences. Except as specified in WAC 388-78A-2290 and 388-78A-2340(5), if a person other than a caregiver is to be responsible for providing care or services to the resident in the assisted living facility, the assisted living facility must specify in the negotiated service agreement an alternate plan for providing care or service to the resident in the event the necessary services are not provided. The assisted living facility may develop an alternate plan:
  • Exclusively for the individual resident; or
  • Based on standard policies and procedures in the assisted living facility provided that they are consistent with the reasonable accommodation requirements of state and federal law.
  • The times services will be delivered, including frequency and approximate time of day, as appropriate;
  • The resident’s preferences for activities and how those pref-erences will be supported;
  • Appropriate behavioral interventions, if needed;
  • A communication plan, if special communication needs are present;
  • The resident’s ability to leave the assisted living facility premises unsupervised; and
  • The assisted living facility must not require or ask the res-ident or the resident’s representative to sign any negotiated service or risk agreement, that purports to waive any rights of the resident or that purports to place responsibility or liability for losses of personal property or injury on the resident.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2140, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065,

  • 388-78A-2140, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2150  Signing negotiated service agreement.  The assisted living facility must ensure that the negotiated service agreement is agreed to and signed at least annually by:

  • The resident, or the resident’s representative if the resi-dent has one and is unable to sign or chooses not to sign;
  • A representative of the assisted living facility duly author-ized by the assisted living facility to sign on its behalf; and
  • Any public or private case manager for the resident, if available.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2150, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2150, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2160  Implementation of negotiated service agreement. The assisted living facility must provide the care and services as agreed upon in the negotiated service agreement to each resident unless a deviation from the negotiated service agreement is mutually agreed upon between the assisted living facility and the resident or the resident’s representative at the time the care or services are scheduled.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2160, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065,

  • 388-78A-2160, filed 7/30/04, effective 9/1/04.]

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