Title 484 WAC — Veterans Affairs, Department of

Chapter 484-10 Departmental headquarters.

Wash. Admin. Code § 484-10-005 Purpose of organization.

The department of veterans affairs shall be the administrative body responsible for all duties and functions delegated to it by state law. Additionally, within budgetary limitations, it will initiate and maintain program control of:

(1) State veterans institutions.

(2) A system of veterans services, for veterans and their beneficiaries in various locations throughout the state, to provide claims and referral activities.

(3) Fiduciary services for eligible incompetent veterans and their beneficiaries.

History

Order 7659, § 484-10-005, filed 7/28/77.

Wash. Admin. Code § 484-10-010 State veterans institutions.

(1) The Washington soldiers home and colony, the Washington veterans home, the eastern Washington veterans home, and the Walla Walla veterans home shall have, respectively, a chief executive officer to be called an administrator. The administrator shall be directly responsible to the director or designee, of the department of veterans affairs.

(2) The administrator shall be a licensed nursing home administrator in the state of Washington.

History

Statutory Authority: RCW 43.60A.070 and 72.36.020. WSR 20-15-008, § 484-10-010, filed 7/2/20, effective 8/2/20. Statutory Authority: RCW 43.60A.070. WSR 10-04-027, § 484-10-010, filed 1/26/10, effective 2/26/10
Order 7659, § 484-10-010, filed 7/28/77.

Wash. Admin. Code § 484-10-015 Veterans services.

Field services for veterans and their beneficiaries shall be administered from the department of veterans affairs by a person designated by the director of the department. This designee shall be responsible for implementing departmental policy and maintaining program control, either directly and/or through contract administration.

History

Order 7659, § 484-10-015, filed 7/28/77.

Wash. Admin. Code § 484-10-020 Personnel services.

Personnel services for departmental recruiting, testing and compliance with all applicable laws, rules, and policies shall be maintained by the department of veterans affairs.

The person responsible for administration of these services shall be designated by the director of the department.

History

Order 7659, § 484-10-020, filed 7/28/77.

Wash. Admin. Code § 484-10-025 Administrative services.

Intradepartmental administrative services shall be provided by the department to include, but not be limited to: Accounting, purchasing, budget preparation, maintenance of supplies, and such management studies and program support functions as the director deems necessary.

History

Order 7659, § 484-10-025, filed 7/28/77.

Wash. Admin. Code § 484-10-030 Fiduciary services.

Such fiduciary and other services mandated by RCW 43.60A.070 may be provided by the department of veterans affairs. Program administration and control shall be lodged in departmental headquarters, although the staff actually providing the services may be located elsewhere.

History

Statutory Authority: RCW 43.60A.070. WSR 80-09-069 (Order 80-01), § 484-10-030, filed 7/17/80
Order 7659, § 484-10-030, filed 7/28/77.

Wash. Admin. Code § 484-10-035 Veterans' affairs advisory committee.

Rules of operation.

(1) The committee shall have the following powers and duties:

(a) To serve in an advisory capacity to the governor and the director on all matters pertaining to the department of veterans affairs;

(b) To acquaint themselves fully with the operations of the department and recommend such changes to the governor and the director as they deem advisable.

(2) The department of veterans affairs, and its director, shall fully recognize the advisory committee, as established under RCW 43.60A.080.

(3) The committee chair shall, following annual elections but before September, confer with the director to set the number of, and schedule for, authorized meetings during the following 12 months.

(4) A quorum must be present prior to the transaction of official committee business. A quorum for the committee shall be construed to be a simple majority of the committee members authorized in RCW 43.60A.080.

(5) The order of business for regular meetings shall be as follows:

(a) Pledge of Allegiance;

(b) Roll call and introductions;

(d) Discussion of upcoming town hall or community meetings;

(e) Homes liaisons reports and discussion;

(f) Report from the director or their designee;

(g) Report of committees;

(h) Other agenda items identified by the chair and director;

(i) New business;

(j) Time and place for next meeting;

(k) Adjournment (by majority vote of members present).

(6) Summary minutes shall be kept of committee proceedings and a complete copy will be provided to each member of the committee and the director within 14 calendar days of adjournment. When requested to do so by the committee, the director shall present a copy of the minutes to the governor.

(7) Each member of the committee is expected to actively participate in and attend all regular meetings of the committee either in person, or virtually if that option is available. If a committee member has three consecutive unexcused absences from regular meetings, the director will meet with the member to determine if a replacement is needed. If a replacement is needed, a copy of the replacement request will be forwarded to the appropriate veterans organization department commander and subsequently to the governor's office for review and appointment.

(8) A member will receive an excused absence at the discretion of the chairperson or director.

(9) The director, or their designee, and such members of the department staff as the director selects, shall meet with the committee on a regular basis.

(10) The committee will annually review the quality and range of services performed by the department.

(11) Annually, the committee shall designate one of its meetings as a joint meeting with the commanders and service officers of all veterans organizations nationally recognized by the Federal Department of Veterans Affairs.

(12) During June of each year, there shall be an election of the chairperson and vice chairperson for the coming year. New officers shall take office in September. Those elected will serve for one year and be limited to one term in succession.

(13) All meetings and events relating to the advisory committee shall be accessible to all members and guests.

(14) The chairperson may appoint special committees consisting of not less than two members when necessary to make special inquiries, reports, and investigations.

History

Statutory Authority: RCW 43.60A.070. WSR 25-02-038, s 484-10-035, filed 12/19/24, effective 1/19/25
WSR 92-17-045, § 484-10-035, filed 8/14/92, effective 9/14/92
Order 7659, § 484-10-035, filed 7/28/77.

Wash. Admin. Code § 484-10-040 Coordination with other agencies.

The department of veterans affairs shall be responsible for coordination with other agencies, both public and private, of all programs and projects affecting veterans and their beneficiaries, as its director may deem appropriate.

History

Order 7659, § 484-10-040, filed 7/28/77.

Wash. Admin. Code § 484-10-045 Practice and procedures.

In those contested cases, declaratory proceedings, and requests for rule making in which the department of veterans affairs has authority to conduct hearings, practice and procedure shall be in accordance with those uniform rules promulgated by the code reviser and codified as chapter 1-21 WAC as now written or as hereafter amended except for those situations covered under WAC 484-20-105.

History

Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 04-19-026, § 484-10-045, filed 9/9/04, effective 10/10/04
Order 7659, § 484-10-045, filed 7/28/77.

Wash. Admin. Code § 484-10-050 Exception to rules.

(1) The rules are necessarily based on conditions which are considered to apply in the great majority of situations. Individual circumstances may exist in which application of the rule seems to work in opposition to the objective desired. This may occur when an individual's situation differs from that of the majority or when his circumstances are peculiar. In these cases, exceptions may be considered.

(2) An exception cannot be made to a specific provision of the law. However, individual case exception to a rule or procedure not specifically enunciated in the law can be authorized by the department of veterans affairs when it appears to be in the best interest of overall economy and the individual's welfare.

(3) Exception decisions are not subject to the fair hearing procedure of WAC 484-20-105.

History

Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 04-19-026, § 484-10-050, filed 9/9/04, effective 10/10/04
Order 7659, § 484-10-050, filed 7/28/77.

Chapter 484-20 State veterans homes.

Wash. Admin. Code § 484-20-010 Definitions.

The following words or phrases are used in this chapter in the meaning given, unless the context clearly indicates another meaning.

(1) Admission team - A team consisting of a designated veterans benefit specialist, an admissions coordinator, and designated medical or nursing staff.

(2) Adjudicative proceeding - In accordance with RCW 34.05.010(1), an adjudicative proceeding is a proceeding before an agency in which an opportunity for hearing before that agency is required by statute or constitutional right before or after the entry of an action by the agency.

(3) Administrative action - An act (as defined in RCW 34.05.010(3)) taken by the agency or state veterans home which implements or enforces a statute, applies an agency rule or order, or imposes sanctions or withholds benefits.

(4) Comprehensive care plan - A plan which outlines details of health care for medicaid certified nursing facility residents.

(5) Cost of care.

(a) Daily rate - The daily charge for room and board, nursing care, and covered ancillary items and services.

(b) Private rate - The daily rate, established by WDVA, to provide care and services to residents who do not meet medicaid institutional long-term care eligibility requirements according to WAC 182-513-1315. There is a different rate for nursing care and domiciliary care.

(c) Resident contribution - The monthly amount a resident pays to the state veterans home for the cost of care. If the resident is a medicaid recipient, the resident contribution is determined by the appropriate community service office. If the resident is not a medicaid recipient, the resident contribution is determined by the facility. The resident contribution is recalculated with any change in the resident's monthly income.

(6) Department - The department of veterans affairs.

(7) Director - The director of the department of veterans affairs or his/her designee.

(8) Domiciliary care - Shelter, food, and necessary medical care on an ambulatory self-care basis to assist eligible veterans who are suffering from a disability, disease or defect of such a degree that incapacitates the veteran from earning a living. However, the veteran, although not in need of hospitalization or nursing care services, needs to attain the physical, mental, and social well-being through special rehabilitative programs to restore the veteran to the highest level of functioning.

(9) Facility - Refers to either the Washington veterans home, or the Washington soldiers home, or the eastern Washington veterans home (also known as the Spokane veterans home), or the Walla Walla veterans home.

(10) Gold star parent – A parent whose child or children died while serving in the armed forces.

(11) Grievance - An oral or written statement of any difficulty, disagreement, or dispute relating in any way to a facility, a resident or facility staff.

(12) Grievance investigator - State veterans home social service staff or another appropriate person requested by the resident who investigates a grievance.

(13) Income - The receipt by an individual of any property or service which he/she can apply either directly, by sale, or conversion to meet his/her basic needs for food, clothing, and shelter.

(a) Earned income - Gross wages for services rendered and/or net earnings from self-employment. Earned income received at predictable intervals other than monthly or in unequal amounts will be converted to a monthly basis.

(b) Unearned income - All other income.

(14) Medicaid certified nursing facility - Refers to those nursing care units of each state veterans home that are medicaid certified as described under WAC 388-97-0001.

(15) Personal needs allowance - In accordance with chapter 72.36 RCW the amount which a resident may retain from his/her income.

(16) Resources - Cash or other liquid assets or any real or personal property that an individual or spouse, if any, owns and could convert to cash to be used for support or maintenance.

(a) When an individual can reduce a liquid asset to cash, it is a resource.

(b) If an individual cannot reduce an asset to cash, it is not considered an available resource.

(c) Liquid - Assets that are in cash or are financial instruments which are convertible to cash such as, but not limited to, cash in hand, stocks, savings, checking accounts, mutual fund shares, mortgage, promissory notes.

(d) Nonliquid - All other property both real and personal shall be evaluated according to the price that can reasonably be expected to sell for on the open market in the particular geographical area involved.

(17) Resident - An individual who resides at a state veterans home.

(18) Resident council - A group of residents elected in accordance with RCW 72.36.150 by facility residents.

(19) Social leave - An approved absence for residents.

(20) State veterans home - Refers to the Washington soldiers home and colony in Orting, the Washington veterans home in Retsil, the eastern Washington veterans home (also known as the Spokane veterans home), the Walla Walla veterans home, or all.

(21) Staff - Any individual hired to provide care and services at the state veterans homes.

(22) Superintendent - The licensed nursing home administrator appointed by the director to administer the day-to-day operations of a state veterans home.

Interim superintendent is a licensed nursing home administrator, appointed by the director to administer the day-to-day operations of a state veterans home, and who may or may not be a veteran. The director may appoint an interim superintendent while a superintendent candidate is completing an administrator in training program, or whenever a suitable candidate is not available.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-010, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 04-19-026, § 484-20-010, filed 9/9/04, effective 10/10/04. Statutory Authority: RCW 43.60A.070, chapter 72.36 RCW and 2001 2nd sp.s. c 4. WSR 01-23-001, § 484-20-010, filed 11/7/01, effective 12/8/01. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-010, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-010, filed 8/14/92, effective 9/14/92
WSR 85-20-099 (Order 85-01), § 484-20-010, filed 10/1/85
WSR 80-09-069 (Order 80-01), § 484-20-010, filed 7/17/80
Order 7659, § 484-20-010, filed 7/28/77.

Wash. Admin. Code § 484-20-015 Application for admission.

(1) Applications for admission to a state veterans home shall be made using forms prescribed by the department.

(2) All applications shall include either a copy of the applicant's military discharge or a statement from the applicable military service denoting the dates and character of service. An individual whose eligibility is based on the military service of a spouse shall provide proof of the spouse's military service.

(3) An admissions team shall:

(a) Review each application to ensure inclusion of all information and documents necessary to determine eligibility for admission;

(b) For admission to a medicaid certified nursing facility, ensure a preadmission screening (in accordance with state regulations at WAC 388-97-1910 through 388-97-2000) and if necessary a preadmission screening and resident review (PASRR) (in accordance with state regulations at WAC 388-97-2000) have been conducted; and

(4) Applications are reviewed and approved or denied in the order of receipt.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-015, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 04-19-026, § 484-20-015, filed 9/9/04, effective 10/10/04
WSR 94-22-050, § 484-20-015, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-015, filed 8/14/92, effective 9/14/92
WSR 85-20-099 (Order 85-01), § 484-20-015, filed 10/1/85
WSR 80-09-069 (Order 80-01), § 484-20-015, filed 7/17/80
Order 7659, § 484-20-015, filed 7/28/77.

Wash. Admin. Code § 484-20-020 Conditions of eligibility for admission.

An applicant shall be eligible for admission only if (s)he meets the requirements of chapter 72.36 RCW and this chapter.

History

Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-020, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-020, filed 8/14/92, effective 9/14/92
WSR 80-09-069 (Order 80-01), § 484-20-020, filed 7/17/80
Order 7659, § 484-20-020, filed 7/28/77.

Wash. Admin. Code § 484-20-023 Admission to a state veterans home.

(1) Each state veterans home maintains several waiting lists, one for each program or service offered. The names of applicants approved for admission shall be placed on the waiting list for the program or service which the admission team has determined shall be most appropriate based on their health care/service needs. Applicants shall be listed in order of approval.

(2) Applicants are admitted from the waiting lists in the order in which their applications are approved; subject to bed availability in the program or service area for which admission has been approved.

(3) An applicant may be denied admission, or be moved from one waiting list to another when in the interim between application approval and scheduled admission:

(a) The applicant's health care needs have changed to the extent that the program or service for which he/she was originally approved can no longer meet his/her health care needs; or

(b) The applicant's service needs have changed to such an extent that the facility can no longer meet the applicant's health care/service needs.

(4) Any applicant whose name has been on a waiting list over ninety days is required to submit an up-to-date medical information form completed by his/her physician prior to being given an admission date.

(5) If an applicant declines a scheduled admission, (s)he will be placed at the bottom of the appropriate service waiting list. The next person on the waiting list will be invited for admission.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-023, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-023, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-023, filed 8/14/92, effective 9/14/92.

Wash. Admin. Code § 484-20-024 Resident payment information.

Prior to or shortly following admission, all residents receive information which states the resident contribution toward cost of care, the due date for monthly payments, the source of funds from which payment is to be made and the consequences of nonpayment.

History

Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-024, filed 10/31/94, effective 12/1/94.

Wash. Admin. Code § 484-20-025 Eligibility—State residency.

An applicant shall be a resident of the state of Washington at the time of application and at the time of admission to the state veterans home. An applicant shall be considered a Washington state resident if (s)he:

(1) Is living in the state at the time of application and has established residence either by declaring an intent to remain in the state or has an unbroken period of physical residence in the state;

(2) Is not living in this state at the time of application, but has demonstrated intent of remaining a resident of this state by maintaining a domicile or voting registration in this state or similar evidence of Washington state residency;

(3) Is not living in this state due to hospitalization or provision of similar care needs in another state resulting from transfer from a Washington state or federal health care or social service agency as long as the applicant has taken steps to maintain Washington state residency similar to subsection (2) of this section.

History

Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-025, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-025, filed 8/14/92, effective 9/14/92
Order 7659, § 484-20-025, filed 7/28/77.

Wash. Admin. Code § 484-20-030 Eligibility—Military service.

(1) An applicant must have served on active duty in:

(a) The armed forces of the United States government and must have received a discharge under honorable conditions; or

(b) The state militia, and have been disabled in line of duty or have received a discharge under honorable conditions; or

(c) The Coast Guard, Merchant Mariners, or other nonmilitary organization when such service was recognized by the United States government as equivalent to service in the armed forces and have received a discharge under honorable conditions as evidenced by possession of a DD214, or similar document in accordance with WAC 484-20-015(2).

(2) Admission priorities are granted in the following order:

(a) Veterans who meet all eligibility requirements of this chapter;

(b) Spouses or registered domestic partners of veterans as described in WAC 484-20-055; and

(3) Seventy-five percent or more of a veterans home's residents must be veterans meeting all eligibility requirements.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-030, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-030, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-030, filed 8/14/92, effective 9/14/92
WSR 80-09-069 (Order 80-01), § 484-20-030, filed 7/17/80
Order 7659, § 484-20-030, filed 7/28/77.

Wash. Admin. Code § 484-20-035 Eligibility—Transfer of resources.

Eligibility for admission as related to transfer of resources is determined by application of medical assistance eligibility rules as defined in chapter 182-513 WAC.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-035, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 04-19-026, § 484-20-035, filed 9/9/04, effective 10/10/04
WSR 94-22-050, § 484-20-035, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-035, filed 8/14/92, effective 9/14/92
WSR 80-09-069 (Order 80-01), § 484-20-035, filed 7/17/80
Order 7659, § 484-20-035, filed 7/28/77.

Wash. Admin. Code § 484-20-045 Eligibility—Inability to support self/need for care.

To be eligible for admission an applicant must be in need of:

(1) Medicaid certified nursing facility care as described in chapter 182-513 WAC; or

(2) Nursing care other than medicaid certified nursing facility care; or

(3) Domiciliary care.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-045, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 04-19-026, § 484-20-045, filed 9/9/04, effective 10/10/04
WSR 94-22-050, § 484-20-045, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-045, filed 8/14/92, effective 9/14/92
Order 7659, § 484-20-045, filed 7/28/77.

Wash. Admin. Code § 484-20-055 Eligibility—Surviving spouse of veteran.

The surviving spouse of a veteran may be admitted to a state veterans home provided:

(1) The veteran was a state resident at the time of death and would have been eligible for admission; and

(2) The spouse or registered domestic partner:

(a) Meets the provisions of WAC 484-20-045; and

(b) Has not remarried or registered a new domestic partnership with the Washington state secretary of state, a person who is not a state resident or who is not eligible for admission.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-055, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-055, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-055, filed 8/14/92, effective 9/14/92
WSR 80-09-069 (Order 80-01), § 484-20-055, filed 7/17/80
Order 7659, § 484-20-055, filed 7/28/77.

Wash. Admin. Code § 484-20-060 Eligibility—Married couple or domestic partnership.

A couple may be admitted to a state veterans home provided:

(1) They both meet the requirements of WAC 484-20-045.

(2) They are legally married or domestic partners registered with the Washington state secretary of state, and if not living together, are separated because of different health care needs.

(3) They have been married, or registered domestic partners, at least three years prior to application, or the spouse or registered domestic partner is personally eligible for admission.

(4) At least one meets the requirement of WAC 484-20-030.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-060, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-060, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-060, filed 8/14/92, effective 9/14/92
Order 7659, § 484-20-060, filed 7/28/77.

Wash. Admin. Code § 484-20-061 Resident assessment and care plan.

In accordance with federal regulations at 42 C.F.R. § 483.20 and 38 C.F.R. § 51.110, the medicaid certified nursing facilities shall provide resident care based on a systematic, comprehensive, interdisciplinary assessment, and care planning process in which the resident actively participates.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-061, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-061, filed 10/31/94, effective 12/1/94.

Wash. Admin. Code § 484-20-063 Bed hold.

All facility residents shall receive written notice of the bed hold policy in accordance with federal regulations at 42 C.F.R. § 483.12 and 38 C.F.R. § 51.80.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-063, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-063, filed 10/31/94, effective 12/1/94.

Wash. Admin. Code § 484-20-065 Use of residents' income and resources.

(1) Monthly payments. Each month residents shall pay his or her resident contribution as defined in WAC 484-20-010 on the department established payment due date. The amount paid shall not exceed the private rate for the program/service area in which the resident resides. Subsections (3) and (5) of this section list exceptions.

(2) Personal needs allowance.

(a) Single residents. If the resident's monthly income equals or exceeds the established personal needs allowance, he/she may retain the established personal needs allowance. If the individual's monthly income is less than the established personal needs allowance, his/her personal needs allowance shall be limited to:

(i) For residents who are medicaid recipients, the personal needs allowance authorized by the appropriate department of social and health services community service office; or

(ii) For residents who are not medicaid recipients to the income which he/she receives.

(b) Married residents or registered domestic partners, both residing in the state veterans home. If each individual's income equals or exceeds the established personal needs allowance, each may retain the established personal needs allowance. If one of the individual's monthly income is less than the established personal needs allowance, his/her personal needs allowance shall be limited to:

(i) For residents who are medicaid recipients, the personal needs allowance authorized by the appropriate department of social and health services community service office; or

(ii) For residents who are not medicaid recipients, to the income to which he/she has an individual right.

(3) Exceptions to monthly payments. (Note: This subsection (3) only applies to residents who are not medicaid recipients. The department of social and health services makes these determinations for residents who are medicaid recipients in accordance with applicable medicaid rules.) Residents may be authorized to retain (in addition to their personal needs allowance) monthly therapeutic employment earnings, if the resident is participating in a therapeutic employment program and it is documented in his/her plan of care. The amount retained shall not exceed limits established under medical assistance eligibility rules.

(4) Application for benefits/entitlements.

(a) Residents are required to apply for any and all entitlements or benefits as soon as they become eligible. Residents and/or their representative must fully disclose all information required for determining eligibility for all entitlements and benefits.

(b) Agency veterans benefit staff shall assist residents to make application for entitlements and benefits.

(c) Residents who apply for medicaid and meet medical need requirements but are over the resource limits outlined in chapter 182-513 WAC, shall be advised of their options and the consequences of being over medicaid resource limits. Residents shall be billed at the private rate until medicaid resource limits are met.

(5) Support of a nonresident spouse.

(a) If a resident is a medicaid recipient and has a community spouse, the provisions of chapter 182-513 WAC apply; except where preempted by federal law; shall apply to income and resources.

(b) If a resident is not a medicaid recipient and has a community spouse, the provisions of chapter 182-513 WAC apply; except where preempted by federal law; shall be used to determine:

(i) Available and exempt income and resources with regard to eligibility and resident participation;

(ii) Ownership of income and resources; and

(iii) Participation by the community spouse.

(6) Only subsection (4)(a) and (b) of this section applies to residents of the colony at the Washington soldiers home.

(7) Resource limits.

(a) For residents who are medicaid recipients, resource limits are in accordance with medicaid rules found at chapter 182-513 WAC.

(b) For residents who are not medicaid recipients, resource limits shall be established by the facility using the medicaid resource limit for a single or a married individual; whichever is applicable.

(c) If a resident who is a medicaid recipient receives or accumulates funds in excess of resource limits in (a) of this subsection, the case shall be referred to the appropriate department of social and health services community service office to adjust the resident contribution and/or determine continuing medicaid eligibility. If the community service office determines the resident is no longer eligible to receive medicaid benefits, the resident shall pay at the private rate until medicaid eligibility is reestablished.

(d) If a resident who is not a medicaid recipient receives or accumulates funds in excess of resource limits in (b) of this subsection, the resident shall pay at the private rate until accumulated funds are reduced to the resource limit.

(e) Exceptions to the resource limits in (b) of this subsection may be granted on a case-by-case basis if a resident has an approved discharge plan which includes a goal to reestablish independent community living through either an approved rehabilitation leave or participation in an approved vocational rehabilitation program.

(8) Retroactive, lump sum benefits.

(a) If a medicaid recipient receives a retroactive, lump sum award of benefits, he/she shall be required to report the award to the appropriate department of social and health services community service office. If the resident continues to be eligible for medicaid, the community service office will issue a new medicaid award letter which adjusts the resident contribution if appropriate. If the community service office determines the resident is no longer medicaid eligible, the award shall be counted as income for the month(s) in which moneys would have been received and the resident shall pay retroactively the resident contribution due from date of admission to date of receipt of the retroactive lump sum award; except the resident contribution will not be collected for those months during which the resident received medicaid benefits. If the resident's resources still exceed medicaid resource limits, the resident shall pay at the private rate until medicaid eligibility is reestablished.

(b) If a resident who is not a medicaid recipient receives a retroactive lump sum award, the award shall be counted as income for the month(s) in which moneys would have been received and the resident shall pay retroactively the resident contribution due from date of admission to date of receipt of the retroactive lump sum award.

(9) The estate of any individual who is a resident at the time of death will be charged for the balance of any cost of care which the resident did not pay during his/her residency in the state veterans home. The state veterans home shall inform the resident of the total amount of any past due cost of care. For residents who are medicaid recipients, recovery shall be in accordance with chapter 182-527 WAC. For any resident who is not a medicaid recipient, recovery shall be in accordance with a written agreement made at the time of admission.

(10) For any partial months of residency the resident's contribution shall apply first.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-065, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 04-19-026, § 484-20-065, filed 9/9/04, effective 10/10/04
WSR 95-07-082, § 484-20-065, filed 3/16/95, effective 4/16/95. Statutory Authority: RCW 43.60A.070 and 72.36.120. WSR 94-04-001, § 484-20-065, filed 1/20/94, effective 2/20/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-065, filed 8/14/92, effective 9/14/92
WSR 85-20-099 (Order 85-01), § 484-20-065, filed 10/1/85
WSR 80-09-069 (Order 80-01), § 484-20-065, filed 7/17/80
Order 7659, § 484-20-065, filed 7/28/77.

Wash. Admin. Code § 484-20-068 Resident council.

(1) Each facility shall have resident council consisting of representatives elected by facility residents. Elections shall be held annually.

(2) The council shall annually elect a chair from among its members. The chair shall call and preside at council meetings.

(3) The resident council shall serve in an advisory capacity to the respective superintendents and to the director in all matters related to policy and operational decisions affecting resident care and life in the facility, to include, but not be limited to, input into the resident council biennial budget making process and facility supplementary policies and procedures. The superintendent shall give due and proper consideration to such input.

(4) Each resident council shall:

(a) Actively participate in development of choices regarding activities, food, living arrangements, personal care and other aspects of resident life; and

(b) When so requested by a resident, serve as an advocate in resolving grievances and ensuring resident rights are observed.

(5) Benefit fund.

(a) The resident council for each state veterans home shall annually review the proposed expenditures from the benefit fund. The resident council approves expenditures from the state veterans home benefit fund.

(b) Disbursements from the benefit fund shall be authorized by the superintendent after approval by the state veterans home resident council.

(6) Governance of the resident council.

(a) Bylaws, approved by the majority vote of the residents, shall define resident council operations.

(b) Bylaws shall be reviewed annually and amended as deemed appropriate by a majority vote of the residents.

(i) Annual elections of council members and chair;

(ii) Make up and responsibilities of any council committees;

(iii) Meeting schedules;

(iv) Determining the number of council members; and

(v) To ensure provisions for participation and representation from the medicaid certified nursing facility sections, should those residents choose to participate in resident council activities. When considering benefit fund related issues/expenditures in accordance with chapter 72.36 RCW and WAC 484-20-070, state veterans home benefit fund, the resident council shall ensure representation from all levels of care.

(d) The superintendent at each facility shall review and sign the bylaws, indicating agreement with and support of the bylaws.

(7) The resident council shall meet with the superintendent monthly and with the department director three times annually.

(8) Each resident council shall be provided the following:

(a) Meeting space;

(b) Appropriate equipment and supplies; and

(9) All residents are eligible to serve on the resident council providing that they have signed the resident agreement which all residents receive upon admission to a state veterans home, and that they have not violated the provisions of WAC 484-20-090, the resident agreement or any agency or veterans home policies within the past twelve months.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-068, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-068, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-068, filed 8/14/92, effective 9/14/92
WSR 86-05-014 (Order 86-01), § 484-20-068, filed 2/13/86
WSR 85-20-099 (Order 85-01), § 484-20-068, filed 10/1/85
WSR 80-09-069 (Order 80-01), § 484-20-068, filed 7/17/80
Order 7659, § 484-20-068, filed 7/28/77.

Wash. Admin. Code § 484-20-070 State veterans home benefit fund.

(1) Each veterans home shall maintain a benefit fund into which all private donations, bequeaths, and gifts to the facility shall be deposited, unless the donor made a specific request for use of the funds.

(2) The resident council shall participate in the identification of resident and facility needs for benefit fund solicitations.

(3) The resident council shall develop proposals for expenditures from the benefit fund. The minutes of the resident council meetings shall reflect the council's discussion and decision-making process related to proposed benefit fund expenditures. Facility fiscal staff may assist the resident council in the development of expenditure proposals as requested. The resident council shall ensure all areas of the state veterans home are represented during the council's discussion and decision-making process related to proposed benefit fund expenditures.

(4) Expenditures from the benefit fund shall be made as approved by the resident council and authorized by the superintendent. Whenever individuals or groups have made a donation, bequeath or gift to a state veterans home and have designated a specific purpose for such donation, bequeath or gift, the resident council and the superintendent shall take such designated purpose into account when approving expenditure of the funds. Should the resident council and the superintendent disagree over an expenditure approved by the resident council, the resident council or the superintendent may request a review by the director.

(5) Disbursements from the benefit fund shall be for the benefit and welfare of the residents of the respective state veterans home.

(6) The resident council shall receive monthly reports of income to and expenditures from the benefit fund.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-070, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-070, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-070, filed 8/14/92, effective 9/14/92
WSR 85-20-099 (Order 85-01), § 484-20-070, filed 10/1/85
WSR 80-09-069 (Order 80-01), § 484-20-070, filed 7/17/80
Order 7659, § 484-20-070, filed 7/28/77.

Wash. Admin. Code § 484-20-080 Annual declaration of income and resources.

(1) Each resident shall promptly provide the superintendent or designated representative with a statement reflecting all income and resources:

(a) Annually, at such time as determined by department policy;

(b) Within fourteen days of any change in income;

(c) Within fourteen days of receipt of any lump sum/back-award payment of benefits. The department shall provide forms for reporting of income and resources; and

(d) If the resident is able to demonstrate good cause, exceptions may be made to the reporting deadlines in (b) and (c) of this subsection.

(2) Each resident shall comply with any reporting requirements necessary to initiate/continue any benefits and/or pensions to which he/she is entitled.

(3) Reports shall be made at intervals and on forms prescribed by the entity paying the benefits and/or pension. Copies shall be submitted to the facility's administration for filing in the resident's administrative file:

(a) U.S. Department of Veterans Affairs benefits - As prescribed by the U.S. Department of Veterans Affairs.

(b) Social Security benefits - As prescribed by the Social Security Administration.

(d) Other pensions and benefits - As prescribed by the entity paying the pension/benefit.

(4) When a resident is authorized to contribute to the support of a dependent under WAC 484-20-065, the dependent shall also be required to comply with any required reporting intervals, using the prescribed form(s).

(5) The veterans benefit specialist and business office staff shall be available to assist residents to complete and submit appropriate reports in a timely manner and to resolve any underpayment or overpayment of benefits.

(6) Failure to comply with all income and resource reporting requirements may result in overpayment or underpayment of the resident contribution. Underpayment of the resident contribution may be grounds to begin discharge proceedings in accordance with WAC 484-20-120. Notice of such administrative action shall be given in accordance with WAC 484-20-103.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-080, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070, chapter 72.36 RCW and 2001 2nd sp.s. c 4. WSR 01-23-001, § 484-20-080, filed 11/7/01, effective 12/8/01. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-080, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 80-09-069 (Order 80-01), § 484-20-080, filed 7/17/80
Order 7659, § 484-20-080, filed 7/28/77.

Wash. Admin. Code § 484-20-085 Resident behavior and facility practices.

All residents and facility staff shall be furnished a copy of the facility's policies regarding resident rights and a copy of chapter 484-20 WAC. Residents receive this information at the time of admission and within fifteen days of any change.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-085, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 95-03-053, § 484-20-085, filed 1/12/95, effective 2/12/95. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-085, filed 8/14/92, effective 9/14/92
WSR 85-20-099 (Order 85-01), § 484-20-085, 10/1/85
Order 7659, § 484-20-085, filed 7/28/77.

Wash. Admin. Code § 484-20-086 Restraints/prevention of abuse—Medicaid certified nursing facility.

State veterans homes shall follow federal regulations in 42 C.F.R. § 483.13 and 38 C.F.R. § 51.90.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-086, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070, chapter 72.36 RCW and 2001 2nd sp.s. c 4. WSR 01-23-001, § 484-20-086, filed 11/7/01, effective 12/8/01. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-086, filed 10/31/94, effective 12/1/94.

Wash. Admin. Code § 484-20-087 Resident rights.

State veterans homes shall follow federal requirements in 42 C.F.R. § 483.10 and 38 C.F.R. § 51.70.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-087, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 04-19-026, § 484-20-087, filed 9/9/04, effective 10/10/04
WSR 94-22-050, § 484-20-087, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-087, filed 8/14/92, effective 9/14/92.

Wash. Admin. Code § 484-20-088 Quality of life—Medicaid certified nursing facility.

State veterans homes shall follow federal requirements in 42 C.F.R. § 483.15 and 38 C.F.R. § 51.100.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-088, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-088, filed 10/31/94, effective 12/1/94.

Wash. Admin. Code § 484-20-090 State veterans home rules.

Residents of the state veterans homes are expected to comply with the following facility rules. Facility rules apply to all residents:

(1) Health and safety rules.

(a) Emergency evacuation. Any time a fire or alarm is sounded, all residents must immediately evacuate the building and report to the designated evacuation area. Residents may not enter the evacuated building until designated staff indicate all is clear. Residents must follow the instructions of the nursing staff.

(b) Community living skills. The condition of residents living quarters must meet existing fire, safety and health-sanitation codes. Residents shall accomplish and/or assist with maintaining their living quarters as defined in their comprehensive care plan. Vacated rooms shall be left in a clean condition.

(c) Electrical appliances. Only low wattage household type electrical appliances such as television sets, electric clocks, electric razors, fans of 150 watts or less with acceptable finger guards, small refrigerators rated at not more than 1.5 amps and approved by the facility, radios, audio and/or video equipment, and portable speakers may be used in resident's rooms. Use of any other electrical equipment requires the written approval of the administrator or designated representative.

(d) Repair of rooms. Residents shall not alter or repair their living quarters or other common use areas. This includes but is not limited to walls (e.g., for hanging pictures), other flat surfaces, electrical systems, television/cable hook-ups, phone hook-ups, heating systems, and plumbing. State veterans home staff shall assist residents in personalizing their rooms including, but not limited to, hanging personal pictures and checking electrical appliances as authorized in (c) of this subsection. Requests for alterations and/or repairs shall be made to the state veterans home facilities manager.

(e) Marijuana and illegal drugs are prohibited on the premises of any state veterans home. This applies to all residents, family members, staff, visitors and volunteers in the home.

(f) Alcohol is permitted with a physician or other authorized health care provider's written order. Alcohol must be stored by veterans home staff.

(g) Weapons, firearms and edged weapons. Possession of firearms, ammunition, explosives, dangerous or edged weapons is prohibited on the premises of any state veterans home.

(h) Animals. Unauthorized possession or feeding of animals on state veterans home property is prohibited except when specifically sanctioned by the administrator or designated representative.

(i) Tobacco products and electronic smoking devices. No resident smoking is allowed on state veterans home campuses. Residents may not use tobacco products or electronic smoking devices. Exceptions are made only for residents who were authorized to smoke prior to the no smoking rule taking effect. For these residents, use of tobacco products or electronic smoking devices is allowed only in designated outdoor smoking areas.

(2) General facility rules.

(a) Recommended visiting hours. Recommended visiting hours for guests are 8:00 a.m. to 10:00 p.m.

(b) Program listening. Radios, TVs, and DVDs and portable speakers may be used in resident's rooms. Volume levels of such equipment must be kept at a level that does not disturb others. Between the hours of 10:00 p.m. and 7:00 a.m., volume on such equipment must be reduced to match reduced noise levels in the general surroundings so that others will not be disturbed. The use of headphones is strongly encouraged for those who wish to use such equipment after 10:00 p.m.

(c) Leave. Pursuant to U.S. Department of Veterans Affairs census reporting requirements, residents leaving the grounds for any purpose must sign out at designated locations. Upon returning, the resident must sign in again. After returning from overnight pass or social leave, the resident must remain on the grounds overnight before permission to go on an additional overnight pass or social leave can be granted, except in the case of emergency. Leaving the grounds without proper authorization, or failure to return from overnight pass or social leave at the prescribed time without obtaining permission for an extension, may result in the resident being discharged in accordance with WAC 484-20-120. Residents being admitted to the facility must remain on the grounds overnight before overnight pass or leave privileges may be exercised unless an exception is granted by the administrator or designated representative.

(d) Respect for property. No person may deface or destroy walls, buildings, trees, shrubbery, fences, grounds, or any other property or possessions belonging to the state of Washington or to any other person. Appropriation of the property of another person, corporate entity or the state of Washington without permission is also prohibited. Residents are required to reimburse the state veterans home for theft and intentional or negligent injury to state property.

(e) Vehicle registration. Vehicles kept on state veterans home property must be registered at least annually with the state veterans home administration. Residents who drive on the state veterans home property must: Possess a valid Washington state driver's license; provide proof of ownership and/or registration; and, show proof of at least minimal insurance as required by Washington state financial responsibility law. The requirement to register applies to vehicles owned by residents, owned by another and registered in the name of the resident, and/or any vehicle regardless of ownership that is regularly in the possession of the resident. Vehicles must have current license tags. All traffic and parking control signs must be obeyed.

(f) Personal conduct between residents and others. Residents are expected to refrain from obscene, sexually or racially demeaning, threatening language, or behavior, or physically assaultive behavior. Such behavior, directed at another person, whether on the grounds or off the grounds during a state veterans home-sponsored activity, will be considered a violation of this rule.

History

Statutory Authority: RCW 43.60A.070, chapter 72.36 RCW and CMS F-Tag 550. WSR 22-01-122, § 484-20-090, filed 12/13/21, effective 1/13/22. Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-090, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070, chapter 72.36 RCW and 2001 2nd sp.s. c 4. WSR 01-23-001, § 484-20-090, filed 11/7/01, effective 12/8/01. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-090, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-090, filed 8/14/92, effective 9/14/92
WSR 85-20-099 (Order 85-01), § 484-20-090, filed 10/1/85
WSR 80-09-069 (Order 80-01), § 484-20-090, filed 7/17/80
Order 7659, § 484-20-090, filed 7/28/77.

Wash. Admin. Code § 484-20-095 Supplementary policies and procedures.

The superintendent or designated representative of each state veterans home shall establish supplementary policies and procedures consistent with the substance and intent of the rules in this chapter and applicable federal and state statutes and standards.

History

Statutory Authority: RCW 43.60A.070, chapter 72.36 RCW and 2001 2nd sp.s. c 4. WSR 01-23-001, § 484-20-095, filed 11/7/01, effective 12/8/01. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-095, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-095, filed 8/14/92, effective 9/14/92
Order 7659, § 484-20-095, filed 7/28/77.

Wash. Admin. Code § 484-20-100 Violation—Investigation.

(1) Reports of possible violations of state veterans home rules shall be investigated by the superintendent or his/her designee.

(2) The superintendent charging a violation of the rules or other misconduct by a resident shall have the burden of establishing the violation by clear, cogent and convincing evidence.

(3) Investigations of all substantiated violations of the rules shall include a referral to the patient care planning team to rule out health related causes. The patient care planning team shall document actions taken to review the rules violations with the resident and any resulting modifications to the care plan.

(4) Should the investigation reveal that the resident has violated state veterans home rules on several occasions and has refused to follow through with recommended treatment, counseling, and/or corrective actions, as documented in the clinical record, the investigation shall be forwarded to the superintendent for review and determination of appropriate administrative action. Any administrative action proposed pursuant to this section shall be given in accordance with WAC 484-20-103.

History

Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-100, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-100, filed 8/14/92, effective 9/14/92
WSR 85-20-099 (Order 85-01), § 484-20-100, filed 10/1/85
WSR 80-09-069 (Order 80-01), § 484-20-100, filed 7/17/80
Order 7659, § 484-20-100, filed 7/28/77.

Wash. Admin. Code § 484-20-103 Administrative action, notice of.

(1) The state veterans home must notify the resident and the resident's representative, and make a reasonable effort to notify, if known, an interested family member of any proposed administrative action, as defined in RCW 34.05.010(3) and this chapter. Exceptions are indicated in subsection (4) of this section.

(2) All notices of proposed administrative actions must be given in writing, in a manner which the resident understands at least thirty days before the proposed administrative action will occur. Except, notice may be given as soon as practical before a transfer or discharge when:

(a) The safety of individuals in the state veterans home would be endangered;

(b) The health of individuals in the state veterans home would be endangered;

(d) A resident has not resided in the facility for thirty days.

(3) All written notices must include:

(a) The reason for the proposed action;

(b) The effective date of the proposed action;

(c) If the proposed action is a transfer or discharge, the location to which the resident is to be transferred or discharged;

(d) The name, address and telephone number of the state long-term care ombudsman.

(4) For facility residents notice of transfer or discharge is governed by chapter 388-97 WAC.

(5) For all transfers or discharges, staff must give sufficient preparation and orientation to residents to ensure a safe transfer or discharge from the state veterans home.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-103, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 04-19-026, § 484-20-103, filed 9/9/04, effective 10/10/04. Statutory Authority: RCW 43.60A.070 and 72.36.030. WSR 97-06-013, § 484-20-103, filed 2/25/97, effective 3/28/97. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-103, filed 10/31/94, effective 12/1/94.

Wash. Admin. Code § 484-20-105 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.

History

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.

Wash. Admin. Code § 484-20-111 Grievance procedure.

(1) Department grievance procedures shall consist of an optional informal discussion process and a formal process.

(a) Any resident, his or her appointed representative, family member or advocate may file a grievance related in any way to the state veterans home, another resident or a state veterans home staff.

(i) Filing. Grievance may be filed either orally or in writing to designated social work staff. Any oral grievance shall be reduced to writing by the staff receiving the grievance.

(ii) Grievances must be filed within fourteen days of the event or discovery of the event being grieved. This deadline may be extended for good cause at the discretion of the designated social work staff.

(iii) Grievance forms are available and located in easily accessed locations throughout the state veterans home. Completed grievance forms must be signed by the resident or individual filing the grievance on behalf of the resident and forwarded to designated social work staff for investigation.

(b) A resident shall not be subject to discipline or retaliation for participating in any manner in the state veterans home's grievance process.

(c) Residents are not prohibited from requesting an adjudicative proceeding or from filing a grievance with any state client advocacy group such as the state survey and certifications agency or the state ombudsman program at any time during the grievance resolution process.

(2) Informal discussion process. Residents are encouraged to attempt to resolve grievances through an informal discussion with individuals who are involved. A grievance investigator shall facilitate such a discussion upon request.

(3) Formal grievance process.

(a) Investigation. Designated social work staff shall investigate all grievances received.

(i) In accordance with federal regulations at 42 C.F.R. § 483.13 and C.F.R. § 51.90, the medicaid certified nursing facility shall:

(A) Ensure that all alleged violations involving mistreatment, neglect, or abuse, including injuries of unknown source, and misappropriation of resident property are reported immediately to the superintendent and to other officials in accordance with federal and state law through established procedures (including the federal and state survey and certification agencies);

(B) Have evidence that all alleged violations are thoroughly investigated; and

(ii) The results of all investigations shall be reported to the superintendent or his/her designated representative and to other officials in accordance with federal and state law (including to the federal and state survey and certification agencies) within five working days of the incident, and if the alleged violation is verified, appropriate corrective action must be taken.

(b) At any point in the grievance process, a resident may choose to have another individual (including the resident council grievance committee, if one exists) to advocate on his/her behalf and/or accompany him/her to any investigative interviews.

(c) The grievance investigation shall be completed within seven days of receipt of the written grievance by the designated social work staff.

(d) The resident and/or person filing the grievance on behalf of the resident shall be informed in writing of the results of the investigation and the actions that will be taken to correct any identified problems.

(e) The grievance investigation shall be conducted in such a manner as to maintain the confidentiality of the resident. Should the resident request assistance of an outside resident advocate, access to the resident's clinical or personal files shall be granted only with the written authorization from the resident.

(4) Should the resident not be satisfied with the results of the investigation or the recommended actions, he/she may request a review by the superintendent.

(a) Such a request shall be made in writing and submitted within seven days of receipt of the notice of the results of the grievance investigation.

(b) The superintendent shall consider all available information related to the grievance and issue a written decision on the matter within fourteen days of receipt of the review request.

(c) The superintendent's decision is final except when the resident chooses to access the dispute settlement process allowed in WAC 484-20-105.

(5) Upon admission, each resident or his/her appointed representative shall receive oral and written information related to the state veterans home's grievance procedure. Posters informing residents of the state veterans home's grievance procedure and listing names and phone numbers of state veterans home staff and outside resident advocates who are available to assist with grievance resolution shall be placed in locations within each state veterans home where they are easily visible to residents.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-111, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-111, filed 10/31/94, effective 12/1/94.

Wash. Admin. Code § 484-20-116 Social leave.

Facility residents and staff shall comply with state regulations related to social leave under WAC 388-97-0160.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-116, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 04-19-026, § 484-20-116, filed 9/9/04, effective 10/10/04
WSR 94-22-050, § 484-20-116, filed 10/31/94, effective 12/1/94.

Wash. Admin. Code § 484-20-120 Transfer and discharge of state veterans home residents.

Transfer and discharge of state veterans home residents shall be in accordance with 42 C.F.R. § 483.12 and 38 C.F.R. § 51.80.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-120, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 04-19-026, § 484-20-120, filed 9/9/04, effective 10/10/04. Statutory Authority: RCW 43.60A.070 and 72.36.030. WSR 97-06-013, § 484-20-120, filed 2/25/97, effective 3/28/97. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-120, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-120, filed 8/14/92, effective 9/14/92
WSR 85-20-099 (Order 85-01), § 484-20-120, filed 10/1/85
Order 7659, § 484-20-120, filed 7/28/77.

Wash. Admin. Code § 484-20-135 Transfer from one state veterans home to another.

(1) A resident may apply for transfer to any state veterans home. Requests for transfer are to be forwarded to the admissions team.

(2) All such requests shall be reviewed by the admissions team, using the admissions criteria.

(3) In addition, the admission team shall contact the superintendent or designated representative of each state veterans home to obtain other information which may be pertinent to the transfer request.

(4) The admission team shall make a recommendation to approve or deny the transfer.

(5) The names of residents who are approved for transfer shall be placed on the waiting list for the program or service which the admission team has determined shall be most appropriate for their health care needs. The position on the waiting list shall be determined by the date on which the transfer was approved.

History

Statutory Authority: Chapter 72.36 RCW and 2014 c 184. WSR 16-20-105, § 484-20-135, filed 10/5/16, effective 11/5/16. Statutory Authority: RCW 43.60A.070, chapter 72.36 RCW and 2001 2nd sp.s. c 4. WSR 01-23-001, § 484-20-135, filed 11/7/01, effective 12/8/01. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-135, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-135, filed 8/14/92, effective 9/14/92
Order 7659, § 484-20-135, filed 7/28/77.

Wash. Admin. Code § 484-20-140 Readmission.

Former residents may apply for readmission to the state veterans home by submitting an application in accordance with WAC 484-20-015.

History

Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-140, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-140, filed 8/14/92, effective 9/14/92
Order 7659, § 484-20-140, filed 7/28/77.

Wash. Admin. Code § 484-20-145 Burial in the state veterans home cemetery.

(1) To the extent practicable the remains of individuals who die at a state veterans home shall be disposed of in accordance with instructions given prior to death.

(2) An individual or his/her survivors (in the line of succession as designated in RCW 68.50.160) may request burial in the state veterans home cemetery, if the state veterans home has a cemetery, when the deceased is a resident of the state veterans home at the time of death.

(3) A nonresident spouse of a former resident who is buried in the facility's cemetery may request burial in the state veterans home cemetery, unless the spouse has remarried. If the spouse wishes to be buried in the facility's cemetery, he/she makes such a request with the knowledge that his/her remains will be cremated and buried in the same gravesite as the former resident.

(4) Funeral arrangements and all burial costs shall be the responsibility of the deceased individual's estate or his/her survivors (or the county if there are no survivors) in accordance with RCW 68.50.160.

History

Statutory Authority: RCW 43.60A.070, chapter 72.36 RCW and 2001 2nd sp.s. c 4. WSR 01-23-001, § 484-20-145, filed 11/7/01, effective 12/8/01. Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-145, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-145, filed 8/14/92, effective 9/14/92
WSR 80-09-069 (Order 80-01), § 484-20-145, filed 7/17/80
Order 7659, § 484-20-145, filed 7/28/77.

Wash. Admin. Code § 484-20-150 Population level.

The superintendents shall keep the population of the state veterans homes as close to full capacity as possible provided; such population approximates the population submitted and approved in the department's budget.

History

Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. WSR 94-22-050, § 484-20-150, filed 10/31/94, effective 12/1/94. Statutory Authority: RCW 43.60A.070. WSR 92-17-046, § 484-20-150, filed 8/14/92, effective 9/14/92
Order 7659, § 484-20-150, filed 7/28/77.

Chapter 484-30 Veterans field services.

Wash. Admin. Code § 484-30-005 Description and purpose of services.

The department may establish and maintain offices within the state to afford services to veterans and their beneficiaries. Within limitations imposed by budgetary considerations, these offices shall maintain services and training including, but not limited to:

(1) Claims service. This service will primarily be in providing forms, and assistance in preparing them, for eligible veterans and their beneficiaries, in claims against the federal government under Title 38, United States Code. However, assistance may also be rendered in assisting any eligible veteran or beneficiary in preparing and presenting a claim against any agency, private or public, which has to do with a right, of a veteran or his beneficiary, which is based upon service in the military service of the United States of America.

(2) Referral service. This service shall consist of referral of the veteran or beneficiary to a resource which may have the capability of affording supplementary or discrete benefits to those for which a veteran or beneficiary may be eligible as a result of military service. Such referrals would include, but not be limited to:

(a) Social Security or Supplementary Security Income offices.

(b) Employment and employment training resource facilities, public and private.

(d) Vocational rehabilitation sources, public and private.

(e) Alcohol and drug related assistance.

(f) Mental health facilities.

(3) Outreach services. These services shall include claims and referral services, but are provided at outreach locations, on a regular basis, from the established veterans service office.

(4) Representation at veterans administration regional office. This shall consist of the maintenance of personnel at the veterans administration regional office in Seattle, to represent eligible veterans and their beneficiaries before VA rating and appeal boards, or other VA administrative bodies, when such can be done through a power of attorney granted by the veteran or beneficiary.

History

Order 7659, § 484-30-005, filed 7/28/77.

Wash. Admin. Code § 484-30-010 Data gathering and reporting.

In order to ensure that all eligible veterans and beneficiaries are treated equitably, such data as may be required shall be compiled in each veterans service office and submitted to the department of veterans affairs on a monthly basis. Such data shall be in form and content as prescribed by the department.

History

Order 7659, § 484-30-010, filed 7/28/77.

Wash. Admin. Code § 484-30-015 Auditing.

The veterans service offices of the department of veterans affairs shall be audited to the extent and frequency necessary to ensure compliance with such procedural and data gathering requirements as are established by the department.

History

Order 7659, § 484-30-015, filed 7/28/77.

Chapter 484-40 Fiduciary services.

Wash. Admin. Code § 484-40-005 Scope of services.

As authorized by RCW 43.60A.070, the director of the department of veterans affairs, or designee, is authorized to act as:

(1) Executor under the last will of the estate of any deceased veteran.

(2) Administrator of the estate of any deceased veteran.

(3) The duly appointed federal fiduciary of the estate of any veteran deemed by the U.S. Department of Veterans Affairs or the Social Security Administration to be incompetent to handle their own finances.

(4) Duly appointed federal fiduciary of the estate of any person who is a bona fide resident of the state of Washington and who is certified by the U.S. Department of Veterans Affairs or the Social Security Administration as having money due from the U.S. Department of Veterans Affairs or the Social Security Administration, the payment of which is dependent upon the appointment of a fiduciary.

History

Statutory Authority: RCW 43.60A.70 [43.60A.070] and 73.04.130. WSR 20-15-007, § 484-40-005, filed 7/2/20, effective 8/2/20. Statutory Authority: RCW 43.60A.070. WSR 80-09-069 (Order 80-01), § 484-40-005, filed 7/17/80
Order 7659, § 484-40-005, filed 7/28/77.

Wash. Admin. Code § 484-40-010 Conservation of income.

Paramount in consideration in the handling of the funds of those eligible for fiduciary services shall be expenditure of funds in the best interest of the individual.

History

Order 7659, § 484-40-010, filed 7/28/77.

Wash. Admin. Code § 484-40-015 Case level.

(1) The director of the department of veterans affairs, or designee, is authorized to provide the scope of services enumerated under WAC 484-40-005.

(2) The director of veterans affairs shall determine when the case level is commensurate with available personnel and funding.

(3) The director of the department may refuse the provision of further services, under this chapter, whenever appropriate.

History

Statutory Authority: RCW 43.60A.70 [43.60A.070] and 73.04.130. WSR 20-15-007, § 484-40-015, filed 7/2/20, effective 8/2/20
Order 7659, § 484-40-015, filed 7/28/77.

Wash. Admin. Code § 484-40-020 Auditing.

(1) All funds received and disbursed in conjunction with services afforded under this chapter shall be accounted for by generally accepted accounting standards.

(2) The director of the department of veterans affairs or designee shall cause a fiscal audit to be performed on all records and documents pertaining to the funds for which conservatorship is afforded under this chapter.

(3) Such audit may be performed by accountants within the department of veterans affairs or accountants from another governmental agency.

History

Statutory Authority: RCW 43.60A.70 [43.60A.070] and 73.04.130. WSR 20-15-007, § 484-40-020, filed 7/2/20, effective 8/2/20. Statutory Authority: RCW 43.60A.070. WSR 80-09-069 (Order 80-01), § 484-40-020, filed 7/17/80
Order 7659, § 484-40-020, filed 7/28/77.

Chapter 484-50 Public records.

Wash. Admin. Code § 484-50-001 How is DVA organized?

(1) WDVA is organized into the following areas:

(a) Veterans homes;

(b) Veterans services;

(d) Cemetery; and

(e) Administration.

(2) Additional information on agency organization and operation is available at https://www.dva.wa.gov/about-wdva/about-us or by writing:

WDVA Communications Office

P.O. Box 41150

Olympia, WA 98504

History

Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.090, and 42.56.120. WSR 20-15-006, § 484-50-001, filed 7/2/20, effective 8/2/20.

Wash. Admin. Code § 484-50-005 How do I request and inspect public records?

(1) All public records of the department of veterans affairs are available for public inspection and copying from 9:00 a.m. – 12:00 p.m. and 1:30 p.m. – 4:30 p.m. Monday through Friday, excluding legal holidays, pursuant to these rules except as otherwise provided in chapter 42.56 RCW, other applicable laws, and these rules.

(2) The public records officer for WDVA shall be responsible for responses to requests for public records. Requests for public records shall be submitted to the WDVA public records officer using the following contact information:

WDVA Public Records Officer

P.O. Box 41150

Olympia, WA 98504

Phone: 1- 800-562-2308 (ask for the public records officer)

Additional contact information is available via the WDVA website at www.dva.wa.gov search "Public Disclosure."

History

Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.090, and 42.56.120. WSR 20-15-006, § 484-50-005, filed 7/2/20, effective 8/2/20
Order 7659, § 484-50-005, filed 7/28/77.

Wash. Admin. Code § 484-50-010 What if the public record contains information that is exempt from public disclosure?

(1) Public records and information may be exempt from disclosure or production under chapter 42.56 RCW or other state or federal laws. Commonly applicable exemptions include, but are not limited to, the following:

(a) Under RCW 42.56.230(1), personal information in files maintained for WDVA clients. Personal information includes, but is not limited to:

(i) Names;

(ii) Telephone numbers;

(iii) Fax numbers;

(iv) Email addresses;

(v) Social Security numbers;

(vi) VA claim numbers;

(vii) VA disability percentages;

(viii) DOD type of military separation, characterization of service, narrative reason for separation, reentry code, separation code;

(ix) Account numbers;

(x) Certificate or license numbers;

(xi) Vehicle identifiers and serial numbers, including license plate numbers;

(xii) Device identifiers and serial numbers;

(xiii) Web universal resource locators (URLs);

(xiv) Internet protocol (IP) address numbers;

(xv) Biometric identifiers, including finger and voice prints;

(xvi) Full face photographic images and any comparable images;

(xvii) Any other unique identifying number, characteristic, or code;

(xviii) All geographic subdivisions smaller than a state, including street address, mailing address, city, county, precinct, geocodes, and zip code, except for the initial three digits of a zip code; and

(xix) All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, date of death.

(b) Under chapter 70.02 RCW and related federal laws, protected health care information and medical records.

(c) Under RCW 42.56.230(3), personal information in files maintained for WDVA employees or elected officials to the extent that disclosure would violate their right to privacy.

(d) Under RCW 42.56.230(5), credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial information as defined in RCW 9.35.005 including Social Security numbers, except when disclosure is expressly required by or governed by other law.

(e) Under RCW 42.56.250, the following information from personnel records, public employment related records, volunteer rosters, or included in any mailing list of employees or volunteers of any public agency:

(i) Residential addresses;

(ii) Residential phone numbers;

(iii) Personal wireless telephone numbers;

(iv) Personal email addresses;

(v) Social Security numbers;

(vi) Driver's license numbers;

(vii) Identicard numbers;

(viii) Emergency contact information; and

(ix) Names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, Social Security numbers, and emergency contact information of dependents of employees or volunteers of a public agency.

(f) Under RCW 42.56.235, records that relate to or contain personally identifying information about an individual's religious beliefs, practices, or affiliation.

(g) Effective July 1, 2020, agency employee records described under RCW 42.56.660.

(h) Effective July 1, 2020, lists of state agency employee names under RCW 42.56.675.

(i) Under RCW 42.56.640 and 43.17.410, sensitive personal information of vulnerable individuals and in-home caregivers for vulnerable populations, except as allowed under subsection (3) of this section.

(j) Under RCW 42.56.440, veteran discharge or separation documents held by the department of veteran affairs are confidential and not subject to disclosure, except as provided in RCW 43.60A.290.

(2) If the requested public record contains information that is exempt from public disclosure, WDVA may:

(a) As appropriate, release the nonexempt portion, explaining what exemptions apply to redacted portions of the record;

(b) As appropriate, deny release of the entire record, sending a written explanation and citing the exemption that applies to the denial, while also giving the requestor the option to ask for an internal review of the records denial should they wish to do so; or

(c) Neither confirm or deny the existence of the requested records and provide the legal basis for confidentiality as if the responsive records existed, when a denial would reveal information that is confidential and must not be disclosed.

(3) Sensitive personal information under subsection (1)(i) of this section may be disclosed or produced if WDVA determines that the requestor:

(a) Meets the criteria under RCW 42.56.645; and

(b) Has complied with any procedures developed by WDVA to protect the confidentiality of the information.

History

Statutory Authority: RCW 42.56.440 and 43.60A.290. WSR 25-02-036, s 484-50-010, filed 12/19/24, effective 1/19/25. Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.090, and 42.56.120. WSR 20-15-006, § 484-50-010, filed 7/2/20, effective 8/2/20
Order 7659, § 484-50-010, filed 7/28/77.

Wash. Admin. Code § 484-50-020 Does WDVA charge for inspecting or providing public records?

(1) There is no fee for inspecting public records.

(2) Pursuant to RCW 42.56.120 (2)(b), WDVA does not calculate the actual costs for copying records because to do so would be unduly burdensome for the following reasons:

(a) WDVA does not have the resources to conduct a study to determine all of its actual copying costs; and

(b) To conduct such a study would interfere with other essential agency functions.

(3) WDVA may do one or more of the following:

(a) Charge for copies of records according to the default fees in RCW 42.56.120 (2)(b), (c), and (d);

(b) Charge for customized services pursuant to RCW 42.56.120(3);

(d) Enter into an alternative fee agreement with a requestor under RCW 42.56.120(4).

(4) WDVA may waive copying fees in one or more of the following circumstances:

(a) Clients receiving the first copy of their file;

(b) Producing records assists in managing a program;

History

Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.090, and 42.56.120. WSR 20-15-006, § 484-50-020, filed 7/2/20, effective 8/2/20.

Wash. Admin. Code § 484-50-030 If a public record identifies or pertains to an individual or organization, other than the requestor, is that individual or organization notified?

(1) If records responsive to a public records request identify or pertain directly to an individual or organization other than the requestor, WDVA may notify the named individual or organization about the request.

(2) WDVA's third-party notice may include:

(a) A copy of the original request;

(b) If appropriate, the records that identify or pertain to the third party;

(d) A statement that the third party may prevent release of the record by agreement or by bringing a lawsuit and getting an injunction against WDVA and the requestor under RCW 42.56.540 prior to the intended release date.

(3) WDVA may inform the requestor that:

(a) A third party has been notified of the request;

(b) WDVA provided the third party with a due date for objecting to disclosure; and

(c) In the absence of an agreement with the requestor, the third party may bring a lawsuit against the requestor and WDVA under RCW 42.56.540 to stop disclosure.

History

Statutory Authority: RCW 42.56.040, 42.56.070, 42.56.090, and 42.56.120. WSR 20-15-006, § 484-50-030, filed 7/2/20, effective 8/2/20.

Chapter 484-60 Veteran owned business certification.

Wash. Admin. Code § 484-60-005 Certified veteran and servicemember owned business list—WEBS registration.

(1) To be listed as a certified veteran or servicemember owned business the business must:

Register on the department of enterprise services Washington electronic business solution (WEBS) and indicate the business is at least fifty-one percent owned by a veteran or service member as defined in this chapter.

(a) When notified by WEBS, the business owner must complete the certification process by sending requested documentation to Washington state department of veterans affairs (WDVA) that verifies the business meets the eligibility requirements.

(b) WEBS notifies the business owner whether or not they have been certified by WDVA.

(2) A list of all certified veteran or servicemember owned businesses shall be maintained on WDVA's public website.

History

Statutory Authority: Chapter 43.60A RCW. WSR 16-20-104, § 484-60-005, filed 10/5/16, effective 11/5/16.

Wash. Admin. Code § 484-60-010 Certified veteran and servicemember owned business list—Certification process.

(1) Eligibility for certification. WDVA must verify that the business is:

(a) At least fifty-one percent owned and controlled by:

(i) A veteran, defined as every person who at the time he or she seeks certification has received a discharge with an honorable characterization or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the capacities listed in RCW 41.04.007; or

(ii) An active or reserve member in any branch of the armed forces of the United States, including the National Guard, Coast Guard, and armed forces reserves; and

(b) An enterprise which is incorporated in the state of Washington as a Washington domestic corporation, or an enterprise whose principal place of business is located within the state of Washington for enterprises which are not incorporated.

(c) The business may also be eligible if at least one veteran and the business meet the criteria in (a) and (b) of this subsection and the business:

(i) Is owned and controlled by a married couple or registered domestic partnership where only one spouse or partner is an eligible veteran, provided that the business is controlled and operated by the eligible veteran; or

(ii) Is operated by the nonveteran widow(er) of a veteran spouse or registered domestic partner who has not remarried or reregistered for up to ten years following the death of the veteran or until he or she remarries or reregisters, whichever is shorter, as long as the widow(er) remains an active participant in the day-to-day operations of the business and maintains at least fifty-one percent ownership; or

(iii) Is owned by more than one veteran and at least fifty-one percent of the business is owned by eligible veterans and the business is controlled and operated by those veterans; or

(iv) Is a corporate sponsored dealership, otherwise known as a franchise, and the business meets the following ownership standards:

(A) The veteran owner(s) have entered into a written agreement, contract, or arrangement with a national or regional corporation and has been granted a license to offer, sell, or distribute goods or services at wholesale or retail, leasing or otherwise use the name, service mark, trademark, or related characteristics of the sponsoring corporation.

(B) The veteran owner(s) must declare that the relationship between the corporate sponsor and the veteran owner(s) was not formed for the primary purpose of achieving certification under chapter 43.60A RCW as a veteran or servicemember owned business, or any similar provision of any ordinance, regulation, rule or law; or

(v) Is a nonprofit veteran service organization department or office in Washington state and is listed by the U.S. Department of Veterans Affairs in the Directory of Veterans Service Organizations and registered as a nonprofit with the Washington secretary of state; or

(vi) Is a business that is certified by the Vets First Verification Program or VetBiz and the business provides that certification letter and proof that the business is incorporated in the state of Washington as a Washington domestic corporation, or proof that the business is an enterprise whose principal place of business is located within the state of Washington for enterprises which are not incorporated.

(2) Required documentation. Before WDVA can certify a veteran or servicemember owned business, the business must supply WDVA with all requested documents to verify eligibility.

(3) Decertification. A business may be decertified at any time WDVA determines that the business does not meet the current criteria for eligibility.

(a) A certified business shall notify the office, in writing, within thirty calendar days of any changes in its veteran ownership status, control, operations, or incorporation status in the state of Washington. Failure to provide such notice in a timely manner may lead to decertification.

(b) When WDVA has determined that a certified business (i) no longer meets the certification criteria, or (ii) failed to supply additional information requested by the office in a timely manner, or (iii) failed to give timely notice of changes, WDVA will decertify the business in writing.

(4) Administrative review of decertification decisions.

(a) Upon receipt of a notice of decertification letter, the business may request an administrative review of the decision as authorized by RCW 34.05.482; 34.05.485; and 34.05.494. The request for administrative review must be received by WDVA within twenty calendar days of mailing of the notice of decertification to the last address supplied to WDVA by the business. The request for an administrative review must set forth the reasons the business believes WDVA's decision to decertify is in error and must include all supporting information and documentation.

(b) If WDVA has not received a request for an administrative review within twenty days of mailing of the notice of decertification letter, the decision to decertify becomes final.

(c) Upon receipt of the request for an administrative review, WDVA will review the request and any additional information provided and may conduct further investigation. An administrative review will be conducted by WDVA and the business will be given an opportunity to present evidence and argument.

(d) WDVA will thereafter notify the business in writing of its decision to either affirm or reverse the firm's decertification.

(e) If the business disagrees with WDVA's decision, the business may appeal in writing to the director of WDVA within twenty days of the initial decision. The business shall remain certified until:

(i) The entry of a final decertification decision by the director.

(ii) Decertification shall be effective immediately upon the entry of the final decision, and will not be stayed pending review by any court.

(f) Decertified businesses must remove any stickers, logos, or statements that identify them as a veteran or servicemember owned business to the public.

History

Statutory Authority: Chapter 43.60A RCW. WSR 16-20-104, § 484-60-010, filed 10/5/16, effective 11/5/16.

Wash. Admin. Code § 484-60-015 Linked deposit program.

Certified veteran or servicemember owned businesses may apply for the linked deposit program if:

(1) The veteran or service member owner possesses and exercises sufficient expertise specifically in the business' field of operation to make decisions governing the long-term direction and the day-to-day operations of the business; and

(2) The business is organized for profit and performing a commercially useful function; and

(3) The business meets the criteria for a small business concern as established under chapter 39.19 RCW; and

(4) The business meets the criteria for participation in the program as described in chapters 326-02 and 326-70 WAC.

History

Statutory Authority: Chapter 43.60A RCW. WSR 16-20-104, § 484-60-015, filed 10/5/16, effective 11/5/16.

Title 484 WAC — Veterans Affairs, Department of

Chapter 484-10 Departmental headquarters.

Wash. Admin. Code § 484-10-005 Purpose of organization.

Wash. Admin. Code § 484-10-010 State veterans institutions.

Wash. Admin. Code § 484-10-015 Veterans services.

Wash. Admin. Code § 484-10-020 Personnel services.

Wash. Admin. Code § 484-10-025 Administrative services.

Wash. Admin. Code § 484-10-030 Fiduciary services.

Wash. Admin. Code § 484-10-035 Veterans' affairs advisory committee.

Wash. Admin. Code § 484-10-040 Coordination with other agencies.

Wash. Admin. Code § 484-10-045 Practice and procedures.

Wash. Admin. Code § 484-10-050 Exception to rules.

Chapter 484-20 State veterans homes.

Wash. Admin. Code § 484-20-010 Definitions.

Wash. Admin. Code § 484-20-015 Application for admission.

Wash. Admin. Code § 484-20-020 Conditions of eligibility for admission.

Wash. Admin. Code § 484-20-023 Admission to a state veterans home.

Wash. Admin. Code § 484-20-024 Resident payment information.

Wash. Admin. Code § 484-20-025 Eligibility—State residency.

Wash. Admin. Code § 484-20-030 Eligibility—Military service.

Wash. Admin. Code § 484-20-035 Eligibility—Transfer of resources.

Wash. Admin. Code § 484-20-045 Eligibility—Inability to support self/need for care.

Wash. Admin. Code § 484-20-055 Eligibility—Surviving spouse of veteran.

Wash. Admin. Code § 484-20-060 Eligibility—Married couple or domestic partnership.

Wash. Admin. Code § 484-20-061 Resident assessment and care plan.

Wash. Admin. Code § 484-20-063 Bed hold.

Wash. Admin. Code § 484-20-065 Use of residents' income and resources.

Wash. Admin. Code § 484-20-068 Resident council.

Wash. Admin. Code § 484-20-070 State veterans home benefit fund.

Wash. Admin. Code § 484-20-080 Annual declaration of income and resources.

Wash. Admin. Code § 484-20-085 Resident behavior and facility practices.

Wash. Admin. Code § 484-20-086 Restraints/prevention of abuse—Medicaid certified nursing facility.

Wash. Admin. Code § 484-20-087 Resident rights.

Wash. Admin. Code § 484-20-088 Quality of life—Medicaid certified nursing facility.

Wash. Admin. Code § 484-20-090 State veterans home rules.

Wash. Admin. Code § 484-20-095 Supplementary policies and procedures.

Wash. Admin. Code § 484-20-100 Violation—Investigation.

Wash. Admin. Code § 484-20-103 Administrative action, notice of.

Wash. Admin. Code § 484-20-105 Dispute settlement.

Wash. Admin. Code § 484-20-111 Grievance procedure.

Wash. Admin. Code § 484-20-116 Social leave.

Wash. Admin. Code § 484-20-120 Transfer and discharge of state veterans home residents.

Wash. Admin. Code § 484-20-135 Transfer from one state veterans home to another.

Wash. Admin. Code § 484-20-140 Readmission.

Wash. Admin. Code § 484-20-145 Burial in the state veterans home cemetery.

Wash. Admin. Code § 484-20-150 Population level.

Chapter 484-30 Veterans field services.

Wash. Admin. Code § 484-30-005 Description and purpose of services.

Wash. Admin. Code § 484-30-010 Data gathering and reporting.

Wash. Admin. Code § 484-30-015 Auditing.

Chapter 484-40 Fiduciary services.

Wash. Admin. Code § 484-40-005 Scope of services.

Wash. Admin. Code § 484-40-010 Conservation of income.

Wash. Admin. Code § 484-40-015 Case level.

Wash. Admin. Code § 484-40-020 Auditing.

Chapter 484-50 Public records.

Wash. Admin. Code § 484-50-001 How is DVA organized?

Wash. Admin. Code § 484-50-005 How do I request and inspect public records?

Wash. Admin. Code § 484-50-010 What if the public record contains information that is exempt from public disclosure?

Wash. Admin. Code § 484-50-020 Does WDVA charge for inspecting or providing public records?

Wash. Admin. Code § 484-50-030 If a public record identifies or pertains to an individual or organization, other than the requestor, is that individual or organization notified?

Chapter 484-60 Veteran owned business certification.

Wash. Admin. Code § 484-60-005 Certified veteran and servicemember owned business list—WEBS registration.

Wash. Admin. Code § 484-60-010 Certified veteran and servicemember owned business list—Certification process.

Wash. Admin. Code § 484-60-015 Linked deposit program.

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