Making the Most Recent Inspection Results Available
WHCA and Residential Care Services (RCS) headquarters staff recently met to discuss issues regarding recent assisted living facility members’ inspections. Of concern during this meeting was the licensors’ expectations that all inspection reports (including complaint investigations) and plans of correction for these inspections be stored in a manual and available to residents and visitors at all times. Historically RCS staff have not held this expectation and therefore prompted WHCA staff to reach out to the Department to learn how this interpretation came to be.
The regulation and law on this topic vary a bit and thus confuses the expectations.
According to WAC 388-78A-2730 (2)(b)(iii), the last full inspection report along with the cover letter and plans of correction (minus the resident and staff list sent with the report) must be available for any resident, staff, or visitor to review at any time. These documents cannot be stored in such a way that someone would need to request the documents. If the facility did not receive any citations during the most recent full inspection, the DSHS-issued cover letter stating this must still be available.
RCW 70.129.070 has slightly nuanced requirements regarding making state inspection documents available. Under this law a resident has the right to examine the results of the most recent full inspection of the facility and plans of correction in effect. Per RCW 70.129.070, a notice that these results are available must be publicly posted with the facility’s state license.
The discussion with RCS headquarters staff was a robust one and resulted in a common understanding that only the last full inspection cover letter, report, and plans of correction must be available at all times, and any other results (such as a statement of deficiency report from a complaint investigation and associated plans of correction for that report) are not required to be made available. Of note, anyone can access complaint investigation reports, full inspection and follow-up reports, enforcement actions, as well as fire marshal inspection reports for the past 36 months on any assisted living facility by visiting here.
To summarize, the facility must have the cover letter, inspection report, and plans of correction for the most recent full inspection available for viewing at any time (so, in a folder or manual situated in a common area of the building) and a posted notice near the assisted living facility license that these documents are available to view.
WHCA has requested RCS write a Dear Provider Letter as well as a Management Bulletin for RCS field staff on this final interpretation.
If you have questions regarding these expectations, please email Vicki McNealley or call her at 360-352-3304 extension 107.