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RESIDENT RIGHTS IN
LONG TERM CARE FACILITIES

(Provided by the Washington State Department of Social and Health Services)

The following is a summary of the rights of individuals living in licensed long-term care facilities (adult family homes, boarding homes, nursing homes and veteran's homes) in the state of Washington. This summary is based upon the rights specified in chapter 70.129 RCW. Individuals residing in these facilities have additional rights in other state and federal laws, regulations and constitutions.

Each resident and resident representative must be informed both orally and in writing, in a language they understand, of his/her rights, the rules and regulations governing his/her conduct in the facility, and the rules of operation of the facility.

General Rights:

Each resident and legal representative has a right to:

• continue to enjoy his/her basic civil and legal rights and not be requested to waive any of those rights or the rights under this law;
• receive care in a safe, clean comfortable and homelike environment;
• care which promotes, maintains or enhances respect for individuals and each person's dignity;
• be free of interference, coercion, discrimination and retaliation from the facility in exercising these rights or filing a complaint against the facility or staff;
• access all records pertaining to him/her within 24 hours of request;
• voice grievances and file complaints to the State Ombudsman concerning the facility with the appropriate state and federal licensing agency or the state ombudsman program;
• personal privacy and confidentiality of his/her personal and clinic records, accommodations, medical treatment, and personal care;
• examine the results of the most recent survey or inspection of the facility and any plan of correction in effect;
• be free from physical or chemical restraint;
• be free from verbal, sexual, physical and mental abuse, corporal punishment and involuntary seclusion (to be separated from others or confined against your will in any area).
  

Rights relating to costs, services, items and activities provided: Each resident and resident representative has a right to:

Rights relating to quality of life: Each resident has a right to:

• be promptly notified of a change in room or roommate assignment;
• share a room with his or her spouse
• privacy and confidentiality including the right to:

• send and promptly receive mail that is unopened;
• have reasonable access to the use of a telephone where calls can be made without being overheard;
• request a lockable container or storage space for small items of personal property if room is not lockable with a key issued to the resident;
  

• access to others including:

• access to representatives of the state, individual physician, social workers and the ombudsman, agencies responsible for protection and advocacy of individuals with developmental disabilities, mental illness, and disabilities;
• access to their representative, entity or individual who provides health, social, legal, or other services to the resident;
• visitation with family, relatives, friends and others subject to reasonable restrictions and consent of the resident;
• interact with members of the community both inside and outside the facility;
• organize and participate in resident groups in the facility;
• family members have a right to meet in the facility with the families of other residents and must be provided with meeting space;

• participate in social, religious and community activities that do not interfere with the rights of other residents in the facility;
  

• refuse to perform services for the facility unless voluntarily agreed to;
• use personal possessions including furnishings and appropriate clothing, subject to some limitations;
• choose activities, schedules, and health care consistent with his/her interests, assessments and care plans;
• make choices about aspects of his/her life in the facility;
• reasonable accommodation of needs and preferences;
• wear his/her own clothing and determine his/her own dress, hair style or other personal effects;
• participate in planning care and treatment or changes in care and treatment (unless adjudicated incompetent, then legal representative participates);
• direct his/her own service plan and changes in the service plan and refuse any particular services (unless adjudicated incompetent, then legal representative participates);
• to manage his/her financial affairs;
  ü not to be required to deposit personal funds with the facility, but if chooses to do so, funds in excess of $100 must be in interest bearing account;
  

Rights relating to discharge and transfer from the facility: Each resident has a right to:

• remain in the facility unless:

• discharge or transfer is necessary for the resident's welfare and the resident's needs cannot be met in the facility;
• the safety or health of others in the facility is endangered;
• the resident has failed to make required payment for his or stay or;
• the facility ceases to operate;

• to reasonable accommodation of needs to avoid transfer unless resident agrees to move;
• prior to admission, a full disclosure in writing of the facility's requirements for advance notice for leaving the facility;
• full disclosure must be given in writing prior to admission as to what portion of the deposits, admissions fees, prepaid charges or minimum stay fees will be refunded if the resident leaves the facility;
• must be notified in writing at least 30 days before the facility transfers or discharges a resident and be given the reason for the discharge;
• must be given sufficient preparation and orientation for the move;
• must be notified in writing as soon as practical when:

• health or safety of individuals in the facility is endangered;
• required by resident's urgent medical needs;
• resident has not resided in the facility for 30 days;
  

• if the resident leaves the facility due to death, hospitalization or transfer to another facility for more appropriate care and does not return to the original facility:
• the facility must refund any deposit or charges already paid, less the facility's per diem rate for the days the resident actually resided, reserved or retained a bed in the facility;
• the facility may retain an additional amount over its reasonable, actual expense incurred as a result of the move but not to exceed five days per diem charges;
• refunds must be made within 30 days of the discharge.
  

This document is a summary of state law. Please review the specific law and regulations for a complete understanding of resident's rights in Washington State Long-Term Care Facilities. Residents may review a photocopy of the state law, RCW 70.129 upon request at the Long-Term Care facility. Personal copies may be obtained from Residential Care Services in Olympia, or the State Long-Term Care Ombudsman Office
 

State Ombudsman Program

For assistance with problems and complaints about violation of rights, care and service issues, abuse, neglect or exploitation:

Washington State Ombudsman's Office 1-800-562-6028
Complaint Hotline 1-800-562-6078
Aging and Adult Services Administration 1-800-422-3263
(nursing home, boarding home, and adult family home licensing and regulations)