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March 8, 2023

Governor Inslee Petition Appeal Response 1

Re: APA Appeal- WACs 388-76, 388-78A, and 388-107 Dear Professor Brodoff: On December 29, 2022, the Governor’s Office received the appeal you filed following the Washington State Department of Social and Health Services’ (DSHS) decision to deny your petition to amend WACs 388-76, 388-78A, and 388-107, all relating to discharge rights for residents in adult Read More

March
6

March 6, 2023

Legislative Bill Tracking 3/6/23 5:00 pm

Click here to download PDF Bill Number Bill Sponsor Subject Current Status LTCOP Position Comments HB 1694- Alvarado Addressing home care workforce shortages. 3/6- In the Senate- First reading referred to Health & Long-Term Care. Support Working with bill sponsor SB 5120- Dhingra Establishing 23-hour crisis relief centers in Washington state. 3/3- Read More

March
2

March 2, 2023

Legislative Bill Tracking 3/2/23 4:00 pm

Click here to download PDF Bill Number Bill Sponsor Subject Current Status LTCOP Position Comments HB 1694- Alvarado Addressing home care workforce shortages. 2/28- Rules Committee relieved of further consideration. Placed on second reading. Support Working with bill sponsor SB 5120- Dhingra Establishing 23-hour crisis relief centers in Washington state. 3/1- 2nd Read More

February
23

February 23, 2023

Legislative Bill Tracking 2/23/23 4:00 pm

Click Here to Download PDF Read More

February
21

February 21, 2023

Legislative Bill Tracking 2/21/23 12:00 pm

Click Here to Download PDF Read More

February
3

February 3, 2023

Legislative Bill Tracking 2/3/23 3:00 pm

Click here to open pdf of Legislative Bill Tracker 2/3/2023 Read More

January
30

January 30, 2023

Legislative Bill Tracking – 1/30/23 1:40pm

Click Here to Download PDF Read More

January
9

January 9, 2023

Fact Sheet: Expanding the LTC Ombuds Program 2023 State Legislative Session

Further Reading Long-Term Care Ombuds Program Funding Model Recommendations, Washington State Department of Commerce Decision Package 2023-25, Washington State Department of Commerce Fact Sheet [Click Here to Download PDF] Read More

December
29

December 29, 2022

Appeal Of DSHS Denial Of Petition For Rulemaking To Amend Rules To Ensure Discharge Protection For Residents In All Licensed Long-Term Care Settings

A fair and equitable government agency looks for legally supportable ways to further its mission to protect vulnerable populations rather than erring on the side of doing nothing, especially when there is little to no legal risk. Here, the Department of Social and Health Services (“Department”) is avoiding doing what it agrees is an equitable Read More

November
30

November 30, 2022

Resident Rights Discharge Appeal- Petition Denied

Click Here to Download PDF of DSHS Petition Denial Read More

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Resident Rights

An Overview of Resident Rights

If you live in a Long-Term Care (LTC) Facility, such as a nursing home, boarding home (also called “assisted living facility”), adult family home, or state operated veterans’ home, you have:

The same civil and legal rights as all US citizens; plus
A basic set of legally protected Resident Rights.

Resident Rights cover all aspects of your stay: from admission, to living in the facility, and discharge.

A short history of Resident Rights

People who live in long-term care facilities are more vulnerable than people who live independently. In 1987, the U. S. Congress recognized this fact and passed The Nursing Home Reform Act that gave nursing home residents additional legal protections, including a set of Resident Rights.

In 1995, the Washington State Long-Term Care Ombudsman was successful in persuading the Washington legislature to extend Resident Rights to other LTC facilities: boarding homes, adult family homes, and state operated veterans’ homes.

Resident Rights put you in charge

Resident Rights enable you to direct all aspects of your stay in a LTC facility. For example, you have the right to make decisions regarding your plan of treatment, how you conduct your personal life, and at what time and location you want to be discharged from the facility.

Knowing and advocating for your rights is critical to a successful stay in a LTC facility. You, your representative, or a legally appointed guardian can exercise your rights. A long-term care ombudsman can explain and help you exercise your rights.

What can you do if your rights are being violated?

Whether you live in a nursing home, a boarding home (“assisted living facility”), an adult family home, or a state operated veterans’ home, you or your advocate can pursue these options one at a time, simultaneously, and in any order:

Talk directly to facility staff
File a written grievance with the facility
Voice your concern and get support at a Resident Council meeting
Call your local LTC Ombudsman for advice and/or request their help and involvement (See the list of LTC Ombudsmen by County)
Call the DSHS Complaint Hotline (1-800-562-6078) and report your concern.
- You will be asked to leave a message.
- Provide specific details about your concern, your name and phone number, and a good time to reach you.
- DSHS will call you back.
You also have the option to remain anonymous to the facility, DSHS, or to both entities.

Retaliation, Coercion or Interference

It is illegal to retaliate against residents in any way for talking to the ombudsman or filing a complaint or grievance. It is also illegal for a facility to interfere with the ombudsman’s duties, including the investigation of complaints or provision of information to residents, families and others. Residents have the right to meet privately with the ombudsman and to have these conversations remain confidential. The ombudsman’s investigations and records are also confidential, unless disclosure is approved.

To view the complete Revised Code of Washington (RCW) for LONG-TERM CARE RESIDENT RIGHTS, Chapter 70.129 visit https://apps.leg.wa.gov/rcw/default.aspx?cite=70.129