Aging and Disability Services Information for Professionals AFH Letter 2007 #010

AGING AND DISABILITY SERVICES ADMINISTRATION

2007 AFH "Dear Provider" Letters

September 17, 2007

ADSA: AFH #2007-010
TIMEFRAME FOR REQUESTING AN
INFORMAL DISPUTE RESOLUTION (IDR)

Dear Adult Family Home Provider:

The department has seen an increase in the number of informal dispute resolution (IDR) requests that fall outside of the legal timeframe for making this request.

To meet the legal requirements the following apply:

As a provider of a licensed adult family home (AFH), you are required to meet licensing requirements for your AFH to remain licensed.
If the department finds your AFH does not meet licensing requirements, the department will notify you in writing.
If you disagree with the department, you may ask for an IDR with the department.
The law requires you to request the IDR within ten working days from the time the department notifies you in writing that your AFH does not meet the requirements.

We encourage you to continue to take part in the IDR process in a timely manner and appreciate your commitment to the residents of Washington.

A copy of the law and regulation regarding Adult Family Home Informal Dispute Resolution is provided with this letter.

Sincerely,

Joyce Pashley Stockwell, Director
Residential Care Services

Enclosure

Adult Family Home Informal Dispute Resolution

The law:

70.128.167 Disputed violations, enforcement remedies — Informal dispute resolution process.

The licensee or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement remedy imposed by the department during a licensing inspection or complaint investigation. The purpose of the informal dispute resolution process is to provide an opportunity for an exchange of information that may lead to the modification, deletion, or removal of a violation, or parts of a violation, or enforcement remedy imposed by the department.
The informal dispute resolution process provided by the department shall include, but is not necessarily limited to, an opportunity for review by a department employee who did not participate in, or oversee, the determination of the violation or enforcement remedy under dispute. The department shall develop, or further develop, an informal dispute resolution process consistent with this section.
A request for an informal dispute resolution shall be made to the department within ten working days from the receipt of a written finding of a violation or enforcement remedy. The request shall identify the violation or violations and enforcement remedy or remedies being disputed. The department shall convene a meeting, when possible, within ten working days of receipt of the request for informal dispute resolution, unless by mutual agreement a later date is agreed upon.
If the department determines that a violation or enforcement remedy should not be cited or imposed, the department shall delete the violation or immediately rescind or modify the enforcement remedy. Upon request, the department shall issue a clean copy of the revised report, statement of deficiencies, or notice of enforcement action.
The request for informal dispute resolution does not delay the effective date of any enforcement remedy imposed by the department, except that civil monetary fines are not payable until the exhaustion of any formal hearing and appeal rights provided under this chapter. The licensee shall submit to the department, within the time period prescribed by the department, a plan of correction to address any undisputed violations, and including any violations that still remain following the informal dispute resolution.

The regulation:

388-76-715 Dispute resolution.

When a provider disagrees with the department's finding of a violation under this chapter, the provider shall have the right to have the violation reviewed by the department under the department's dispute resolution process. The purpose of the review is to give the provider an opportunity to present information which might warrant modification or deletion of a finding of a violation. The provider may submit a written statement for review. In addition to a written statement, the provider may request to present the information in person to a department designee. Requests for review shall be made to the department at the address provided in the department's certified letter within ten days of receipt of the written finding of a violation.
When requested by a provider, the department shall expedite the dispute resolution process to review violations upon which a department order imposing license suspension, stop placement, or a condition on a license is based.
Orders of the department imposing license suspension, stop placement, or conditions on a license are effective immediately upon notice and shall continue pending dispute resolution.