DSHS Issues Clarification on Regulatory Authority

DSHS issued the following notice to Nursing Homes, Adult Family Homes and Assisted Living Facilities on March 5, 2013:

"We would like to clarify the role of our licensors as a regulator and not as a consultant. We understand that applicants and providers want to know what to do to meet the requirements. In an effort to be helpful, Department staff have sometimes provided information that is not strictly regulatory based but may instead be a best practice.

The Department's role is to develop, establish and enforce standards for the maintenance and operation of assisted living facilities. The health, safety, well-being and quality of life of vulnerable adults have always been and will continue to be the paramount concern in determining whether to issue a license to an applicant, whether to suspend or revoke a license, or whether to take other licensing actions.

As a regulator, Department staff can and will continue to tell applicants and providers when they are in compliance with the regulations and when they have not met the requirements. Department staff may also tell applicants and providers if something that they plan to do would appear to help them meet the regulations or not. However, Department staff will not provide information on how to implement the regulations."