AGING AND DISABILITY SERVICES ADMINISTRATION
March 15, 2002
AASA: AFH #2002-010
SUBJECT: UNLICENSED ADULT FAMILY HOMES
Dear Adult Family Home Provider:
The department has recently found, during re-inspections, an increasing number of homes not being operated by the licensed party. These homes are considered "unlicensed" homes. The following information should assist you in determining when an adult family home may be considered as an unlicensed home.
A licensed adult family home (AFH) will be considered unlicensed if it is leased, sold, or when the daily operations are turned over to someone other than the licensee without a new license being issued.
The following provides specific information about this issue.
- An AFH license is NOT transferable under ANY circumstances and is only valid for the location and provider listed on the license.
- A change in provider occurs when there is a substitution of the provider
ultimately responsible for the daily operational decisions of the AFH
or a substitution of the control of an entity provider.
Events constituting a change may include:- An individual provider forms a partnership, corporation, or association changing the legal form of the organization.
- The operational responsibilities are transferred by the initial provider regardless of any transfer of real and/or personal property assets.
- Two individuals are both licensed as a married couple to operate a home and an event (divorce, death, etc.) occurs resulting in only one of the licensees operating the home.
- Any provider partnerships that dissolve.
- Whenever a corporate provider is dissolved, merges with another corporation that is a survivor, or consolidates with one or more corporations forming a new corporation.
- Whenever a corporate provider transfers 50% or more of the stock within any continuous 24-month period to any new of former stockholders OR present stockholders who have held less than 5% of the stock before the initial transaction.
- Operation or ownership of an AFH shall not be transferred until the new provider has been issued a license as a result of complying with licensing application requirements.
- Residents of an existing licensed home must be notified (in writing) by the existing provider at least thirty days prior to the effective date of a change in provider or location.
This information has been extracted from WAC 388-76-585. A copy has been enclosed for your convenience.
If you suspect that an unlicensed AFH is operating, you may notify the department by calling the Complaint Resolution Unit hotline at 1-800-562-6078.
If you have further questions about unlicensed homes, contact your Field Manager.
Sincerely,
Patricia K. Lashway, Director
Residential Care Services
