Aging and Disability Services Information for Professionals BH Letter 2007 #014

AGING AND DISABILITY SERVICES ADMINISTRATION

2007 BH "Dear Provider" Letters

September 17, 2007

ADSA: BH #2007-014
TIMEFRAME FOR REQUESTING AN INFORMAL DISPUTE RESOLUTION (IDR)

Dear Boarding Home Administrator:

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 licensed boarding home (BH) provider, you are required to meet BH licensing requirements to remain licensed.
If the department finds your BH 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 of receiving written notification from the department that your BH does not meet the requirements.

We encourage you to continue to take part in the IDR process in a timely manner.

Thank you for your commitment to the residents of Washington.

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

Sincerely,

Joyce Pashley Stockwell, Director
Residential Care Services

Enclosure

Boarding Home Informal Dispute Resolution

The law:

RCW 18.20.195 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. If the department determines that a violation should have been cited under a different more appropriate regulation, the department shall revise the report, statement of deficiencies, or enforcement remedy accordingly. 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:

WAC 388-78A-3210 Informal dispute resolution.

The boarding home has a right to an informal dispute resolution meeting according to department procedure and consistent with RCW 18.20.195. The boarding home must make a request for an informal dispute resolution meeting in writing within ten days of the receipt of the written notice of deficiency.