Washington · statute · Wash. Rev. Code ch. 70.129 · 24 active provisions
The legislature recognizes that long-term care facilities are a critical part of the state's long-term care services system. It is the intent of the legislature that individuals who reside in long-term care facilities receive appropriate services, be treated with courtesy, and continue to enjoy their basic civil and le…
The rights set forth in this chapter are the minimal rights guaranteed to all residents of long-term care facilities, and are not intended to diminish rights set forth in other state or federal laws that may contain additional rights.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Chemical restraint" means a psychopharmacologic drug that is used for discipline or convenience and not required to treat the resident's medical symptoms.(2) "Department" means the department of state gover…
The resident has 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 resident which include:(1) The resident has the right to exercise his or her ri…
(1) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. The notification must be made prior to or upon admission. Receipt of the in…
(1) The resident has the right to manage his or her financial affairs, and the facility may not require residents to deposit their personal funds with the facility.(2) Upon written authorization of a resident, if the facility agrees to manage the resident's personal funds, the facility must hold, safeguard, manage, and…
The resident has the right to personal privacy and confidentiality of his or her personal and clinical records.(1) Personal privacy includes accommodations, medical treatment, written and telephone communications, personal care, visits, and meetings of family and resident groups. This does not require the facility to p…
A resident has the right to:(1) Voice grievances. Such grievances include those with respect to treatment that has been furnished as well as that which has not been furnished; and(2) Prompt efforts by the facility to resolve grievances the resident may have, including those with respect to the behavior of other residen…
A resident has the right to:(1) Examine the results of the most recent survey or inspection of the facility conducted by federal or state surveyors or inspectors and plans of correction in effect with respect to the facility. A notice that the results are available must be publicly posted with the facility's state lice…
The resident has the right to privacy in communications, including the right to:(1) Send and promptly receive mail that is unopened;(2) Have access to stationery, postage, and writing implements at the resident's own expense; and(3) Have reasonable access within a reasonable time to the use of a telephone and other com…
(1) The resident has the right and the facility must not interfere with access to any resident by the following:(a) Any representative of the state;(b) The resident's individual physician;(c) The state long-term care ombuds as established under chapter 43.190 RCW;(d) The agency responsible for the protection and advoca…
(1) The resident has the right to retain and use personal possessions, including some furnishings, and appropriate clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents.(2) The facility shall, upon request, provide the resident with a lockable container or ot…
No long-term care facility or nursing facility licensed under chapter 18.51 RCW shall require or request residents to sign waivers of potential liability for losses of personal property or injury, or to sign waivers of residents' rights set forth in this chapter or in the applicable licensing or certification laws.
(1) The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless:(a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;(b) The safety of individuals in the facility is endanger…
The resident has the right to be free from physical restraint or chemical restraint. This section does not require or prohibit facility staff from reviewing the judgment of the resident's physician in prescribing psychopharmacologic medications.
The resident has the right to be free from verbal, sexual, physical, and mental abuse, corporal punishment, and involuntary seclusion.(1) The facility must not use verbal, mental, sexual, or physical abuse, including corporal punishment or involuntary seclusion.(2) Subject to available resources, the department of soci…
(1) The facility must promote care for residents in a manner and in an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality.(2) Within reasonable facility rules designed to protect the rights and quality of life of residents, the resident has the rig…
(1) Prior to admission, all long-term care facilities or nursing facilities licensed under chapter 18.51 RCW that require payment of an admissions fee, deposit, or a minimum stay fee, by or on behalf of a person seeking admission to the long-term care facility or nursing facility, shall provide the resident, or residen…
The long-term care ombuds shall monitor implementation of this chapter and determine the degree to which veterans' homes, nursing facilities, adult family homes, enhanced services facilities, and assisted living facilities ensure that residents are able to exercise their rights. The long-term care ombuds shall consult…
The legislature intends that long-term care facility or nursing home residents, their family members or guardians, the long-term care ombuds, protection and advocacy personnel identified in RCW 70.129.110(5) (e) and (f), and others who may seek to assist long-term care facility or nursing home residents, use the least…
(1) A long-term care facility must fully disclose to residents the facility's policy on accepting medicaid as a payment source. The policy shall clearly state the circumstances under which the facility provides care for medicaid eligible residents and for residents who may later become eligible for medicaid.(2) The pol…
The department of social and health services and the department of health, in collaboration with the state office of the long-term care ombuds and representatives of long-term care facilities, shall develop training materials to educate the leadership and staff of local health jurisdictions on the state's long-term car…
(1) In circumstances in which limitations must be placed on resident visitation due to a public health emergency or other threat to the health and safety of the residents and staff of a facility or nursing home, residents must still be allowed access to an essential support person, subject to reasonable limitations on…
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not…