70.127.170 - Licenses -- Denial, restriction, conditions, modification, suspension, revocation -- Civil penalties.

Licenses — Denial, restriction, conditions, modification, suspension, revocation — Civil penalties.

Pursuant to chapter 34.05 RCW and RCW 70.127.180(3), the department may deny, restrict, condition, modify, suspend, or revoke a license under this chapter or, in lieu thereof or in addition thereto, assess monetary penalties of a civil nature not to exceed one thousand dollars per violation, or require a refund of any amounts billed to, and collected from, the consumer or third-party payor in any case in which it finds that the licensee, or any applicant, officer, director, partner, managing employee, or owner of ten percent or more of the applicant's or licensee's assets:

     (1) Failed or refused to comply with the requirements of this chapter or the standards or rules adopted under this chapter;

     (2) Was the holder of a license issued pursuant to this chapter that was revoked for cause and never reissued by the department, or that was suspended for cause and the terms of the suspension have not been fulfilled and the licensee has continued to operate;

     (3) Has knowingly or with reason to know made a misrepresentation of, false statement of, or failed to disclose, a material fact to the department in an application for the license or any data attached thereto or in any record required by this chapter or matter under investigation by the department, or during a survey, or concerning information requested by the department;

     (4) Refused to allow representatives of the department to inspect any book, record, or file required by this chapter to be maintained or any portion of the licensee's premises;

     (5) Willfully prevented, interfered with, or attempted to impede in any way the work of any representative of the department and the lawful enforcement of any provision of this chapter. This includes but is not limited to: Willful misrepresentation of facts during a survey, investigation, or administrative proceeding or any other legal action; or use of threats or harassment against any patient, client, or witness, or use of financial inducements to any patient, client, or witness to prevent or attempt to prevent him or her from providing evidence during a survey or investigation, in an administrative proceeding, or any other legal action involving the department;

     (6) Willfully prevented or interfered with any representative of the department in the preservation of evidence of any violation of this chapter or the rules adopted under this chapter;

     (7) Failed to pay any civil monetary penalty assessed by the department pursuant to this chapter within ten days after the assessment becomes final;

     (8) Used advertising that is false, fraudulent, or misleading;

     (9) Has repeated incidents of personnel performing services beyond their authorized scope of practice;

     (10) Misrepresented or was fraudulent in any aspect of the conduct of the licensee's business;

     (11) Within the last five years, has been found in a civil or criminal proceeding to have committed any act that reasonably relates to the person's fitness to establish, maintain, or administer an agency or to provide care in the home of another;

     (12) Was the holder of a license to provide care or treatment to ill, disabled, or vulnerable individuals that was denied, restricted, not renewed, surrendered, suspended, or revoked by a competent authority in any state, federal, or foreign jurisdiction. A certified copy of the order, stipulation, or agreement is conclusive evidence of the denial, restriction, nonrenewal, surrender, suspension, or revocation;

     (13) Violated any state or federal statute, or administrative rule regulating the operation of the agency;

     (14) Failed to comply with an order issued by the secretary or designee;

     (15) Aided or abetted the unlicensed operation of an in-home services agency;

     (16) Operated beyond the scope of the in-home services agency license;

     (17) Failed to adequately supervise staff to the extent that the health or safety of a patient or client was at risk;

     (18) Compromised the health or safety of a patient or client, including, but not limited to, the individual performing services beyond their authorized scope of practice;

     (19) Continued to operate after license revocation, suspension, or expiration, or operating outside the parameters of a modified, conditioned, or restricted license;

     (20) Failed or refused to comply with chapter 70.02 RCW;

     (21) Abused, neglected, abandoned, or financially exploited a patient or client as these terms are defined in RCW 74.34.020;

     (22) Misappropriated the property of an individual;

     (23) Is unqualified or unable to operate or direct the operation of the agency according to this chapter and the rules adopted under this chapter;

     (24) Obtained or attempted to obtain a license by fraudulent means or misrepresentation; or

     (25) Failed to report abuse or neglect of a patient or client in violation of chapter 74.34 RCW.

[2003 c 140 § 10; 2000 c 175 § 14; 1988 c 245 § 18.]

Notes: Effective date -- 2003 c 140: See note following RCW 18.79.040.

Effective date -- 2000 c 175: See note following RCW 70.127.010.