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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

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

November
8

November 8, 2022

Memorandum In Support Of Petition For Rulemaking To Amend Rules To Ensure Discharge Protection For Residents In All Licensed Long-Term Care Settings

Twenty-seven years ago, the state legislature extended the federal rights of nursing home residents to the residents of all long-term care settings in Washington—including the right to appeal an involuntary transfer or discharge through an administrative hearing. However, the Department of Social and Health Services (the Department) has never amended its rules to provide this Read More

October
3

October 3, 2022

Petition for Rulemaking Change to Discharge

Click here to download pdf of the Petition Read More

September
14

September 14, 2022

Discharge Notification Kit

Updates: 3/15/2023 to include Request for an Administrative Hearing 6/12/2018 to include notification to the LTCO Program for “emergency transfers”. Discharge Postcard-template 6.12.18 NH Discharge Forms LTCOP-Fact Sheet NHs re discharge notices 6.12.18 Example-emergency-transfer-monthly-report-template 10-238 Request for an Administrative Hearing FACT SHEET: Notifying the Washington State LTC Ombuds of Facility-Initiated Discharges and Transfers The 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