Resident Rights
June 10, 2022 | Resources
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. Click here to find your local Ombuds.
- 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
You have more Rights in a Long-Term Care Facility.
As a resident…
The Exercise of RightsYou have a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident and assist the residents.
You should have a safe, clean, comfortable, homelike environment to live in and be encouraged to exercise your rights as a resident and citizen. The facility is responsible for creating this environment.
You should be informed orally and in writing of your rights, the rules and policies of the facility, and be told of all services available and all costs before being admitted. This includes your right to notice of Medicaid acceptance and bed hold policies.
You should be informed orally and in writing about any charges covered or not included in the basic rate and any changes that occur during your stay at the facility.
You should be informed of your health condition and participate in planning care and treatment. You can participate in social, religious and community activities, as much as possible.
You can refuse any treatment and have your personal and medical records treated as confidential.
You have the right to choose a friend or family member to visit and support you, as long as they follow the facility’s safety and care policies during times when a state or national health emergency has been declared and visitations are officially restricted.
You can be transferred or discharged only after written notice is given and only for increased medical needs, safety, non-payment or facility closure.
You have the right to view and examine the facility’s inspection, investigation and enforcement records, meet with individuals and agencies that have oversight responsibilities, and reach out or contact oversight entities. You have the right to meet with client advocates.
You may complain and the facility must make efforts to resolve your grievances.
You can manage your financial affairs, or you can request that the facility hold, safeguard, and account for your funds.
You must be free of mental and physical abuse and of chemical and physical restraints.
You can have your own clothing and possessions and be allowed to use them as space permits.
You should have privacy for telephone calls and can send and receive personal mail unopened.
You must have privacy for visits from family, friends, Ombuds, State representatives, and your individual physician.
You do not have to sign waivers that release the facility of liability for losses of personal property or injury.
Check out these Resident Rights documents in Other Languages!
Residents' Rights in Other Languages