Register for our next Residents’ Rights webinar, happening on Thursday, November 21th!

Here’s a clip from our October 3rd webinar:

 

Long-term care facilities, including skilled nursing facilities and assisted living communities, are a critical part of Washington’s long-term care services system. It is a long-held standard that individuals who reside in long-term care facilities receive appropriate services, be treated with courtesy, and continue to enjoy their basic civil and legal rights. Read more about residents rights in detail during our weekly series!

WEEK 1:

Assisted living and skilled nursing facility residents must have the opportunity to exercise reasonable control over life decisions. This means encouraging residents to make daily decisions that can promote independence and sense of self and supporting those decisions.  For example, a resident can be encouraged to choose what clothing to wear, what types of foods to select from the menu, and what types of activities to attend.  Even a resident with cognitive decline can make choices about one’s life that can offer a sense of control over life decisions.

WEEK 2:

Residents in long term care facilities have rights to choose, participate, have privacy, and have the opportunity to engage in religious, political, civic, recreational, and other social activities foster a sense of self-worth and enhance the quality of life.  Just like anyone living in a city or town across Washington state, residents in assisted living and skilled nursing facilities can start or continue participating in activities of their choice.  Religious and spiritual activities are encouraged and supported if the resident chooses to be active in these types of gatherings. Political and civic involvement do not cease when a resident moves to a long-term care facility; in fact, these activities can keep the resident involved in personal interests and in touch with the local community.  Recreational and social activities improve a person’s overall happiness and sense of life satisfaction.  Get creative!  Host a political debate in your facility or engage a team of resident and staff volunteers in a local civic-related event.

WEEK 3:

Residents in long term care facilities are to be cared for in a manner and in an environment that promotes maintenance or enhancement of each resident’s quality of life.  This is what person-centered care is all about! Getting to know each resident as an individual and infusing his or her habits, interests, preferences, needs, and wants into day-to-day life will certainly promote the resident’s overall quality of life.  Not only is this ‘getting-to-know-you” a good idea, it’s also a resident’s right!

WEEK 4:

A resident should have a safe, clean, comfortable, and homelike environment, allowing the resident to use his or her personal belongings to the extent possible. An assisted living or skilled nursing facility, while long-term locations where residents can receive care and services, are also designed to be as homelike as possible. Clean and well-maintained buildings promote resident safety.  Residents have the right to bring personal belongings; this enhances that homelike feel and can add a sense of calm.

WEEK 5:

All residents living in a long-term care facility have the right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility.  Just because a resident is living or staying in an assisted living or skilled nursing facility does not mean they lose their rights as a citizen of the United States and Washington. They deserve dignity and respect, the ability to make decisions to the best of their ability, and to communicate with anyone of their choosing both inside and outside the facility.

WEEK 6:

A long term care facility must protect and promote the rights of each resident and assist the resident to exercise their rights. The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States and the state of Washington. Getting to know each resident means learning what is important to them and supporting them in exercising their rights as a resident, an individual, and a citizen or resident of Washington and the United States.  This might mean working with families to educate them on the importance of advocating for their loved one to support their quality of life.

WEEK 7:

The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights. No one – not facility staff, visitors, a resident’s family, or anyone else – can interfere with or coerce a resident to exercise or NOT exercise his or her rights.  A resident cannot be punished or otherwise discriminated against for expressing the rights given as a citizen and resident of Washington and the United States. The facility staff is essential in ensuring a resident can express rights freely and without reprisal.

WEEK 8:

The facility must inform the resident both orally and in writing in a language that the resident understands his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. This is generally reviewed during the resident’s admission or move-in process. Most facilities have a sheet detailing resident rights outlined in RCW 70.129 as well as “house rules” best described in a resident handbook or similar.  It is essential these documents, however they are packaged, are reviewed verbally with the resident as well as in written format; this allows for questions and answers.

WEEK 9:

Residents or their designated representative, to the extent provided by law, have the right to access all records pertaining to himself or herself including clinical records within twenty-four hours. Residents have the right to purchase at a cost not to exceed the community standard photocopies of the records or portions of them upon request and two working days’ advance notice to the facility. Each facility must have a system in place whereby a resident or resident representative can request to view the resident’s records and that request is fulfilled within 24 hours.  The resident or resident representative can also receive copies of the resident’s records at a nominal charge, given at least two days’ advance notice to the facility.  Staff should be familiar with how to respond to such requests in order to meet the timelines.

WEEK 10:

The long term care facility must inform each resident in writing in a language the resident or resident representative understands before admission, and at least once every twenty-four months thereafter of the following:

• Services, items, and activities customarily available in the facility or arranged for by the facility as permitted by the facility’s license.
• Charges for those services, items, and activities including charges for services, items, and activities not covered by the facility’s per diem rate or applicable public benefit programs
• The rules of facility operations required under RCW 129.140(2).

This is typically viewed as the facility’s resident admission agreement.  It’s a nice idea to include the resident rights information during this admission process.  Review each section with the resident and interested parties and answer questions throughout the review process.  Even if the admission agreement remains unchanged, the facility must review and re-sign the agreement at least every two years.

WEEK 11: 

Each resident and resident representative must be informed in writing in advance of changes in the availability or the charges for services, items, or activities, or of changes in the facility’s rules.  If the facility’s services or items change, including the charges for those services and items or other activities, a written notice of the change(s) must be shared with all current residents or their representatives.  Typically changes require a 30-day advance written notice. 

WEEK 12:  

The facility must furnish a written description of residents rights that includes: 

• A description of the manner of protecting personal funds, under RCW 70.129.040; When providing detailed information on residents’ rights, the facility must ensure that personal resident funds protections are addressed. This includes maintaining account records, addressing commingling of funds, interest-bearing accounts for facilities that allow residents to deposit more than $100 with the facility, and more as outlined in RCW 70.129.040. 

• A posting of names, addresses, and telephone numbers of the state survey and certification agency, the state licensure office, the state ombuds program, and the protection and advocacy systems; These postings should be in several conspicuous locations throughout the facility. You can find a WHCA-created poster for downloading and printing here.  

• A statement that the resident may file a complaint with the appropriate state licensing agency concerning alleged resident abuse, neglect, and misappropriation of resident property in the facility. This can easily be posted with the information listed above; it is included in WHCA’s resident rights poster found here.