reglab/housing_qa huggingface dataset:
WA Rev Code § 70.129.005 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.005 - Intent—Basic rights.

RCW 70.129.005 Intent—Basic rights.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 legal rights.It is also the intent of the legislature that long-term care facility residents have the opportunity to exercise reasonable control over life decisions. The legislature finds that choice, participation, privacy, and 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 for long-term care residents.The legislature finds that the public interest would be best served by providing the same basic resident rights in all long-term care settings. Residents in nursing facilities are guaranteed certain rights by federal law and regulation, 42 U.S.C. 1396r and 42 C.F.R. part 483. It is the intent of the legislature to extend those basic rights to residents in veterans' homes, assisted living facilities, enhanced services facilities, and adult family homes.The legislature intends that a facility should care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life. 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.[ 2020 c 278 § 12; 2012 c 10 § 57; 1994 c 214 § 1.]NOTES:Application—2012 c 10: See note following RCW 18.20.010.Zoning—1994 c 214: "Nothing in this act shall affect the classifying of an adult family home for the purposes of zoning." [ 1994 c 214 § 30.]
WA Rev Code § 70.129.007 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.007 - Rights are minimal—Other rights not diminished.

RCW 70.129.007 Rights are minimal—Other rights not diminished.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.[ 1994 c 214 § 20.]
WA Rev Code § 70.129.010 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.010 - Definitions.

RCW 70.129.010 Definitions.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 government responsible for licensing the provider in question.(3) "Facility" means a long-term care facility.(4) "Long-term care facility" means a facility that is licensed or required to be licensed under chapter 18.20, 70.97, 72.36, or 70.128 RCW.(5) "Physical restraint" means a manual method, obstacle, or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that restricts freedom of movement or access to his or her body, is used for discipline or convenience, and not required to treat the resident's medical symptoms.(6) "Reasonable accommodation" by a facility to the needs of a prospective or current resident has the meaning given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations.(7) "Resident" means the individual receiving services in a long-term care facility, that resident's attorney-in-fact, guardian, or other representative acting within the scope of their authority.(8) "Resident representative" means:(a)(i) A court-appointed guardian or conservator of a resident, if any;(ii) An individual otherwise authorized by state or federal law including, but not limited to, agents under power of attorney, representative payees, and other fiduciaries, to act on behalf of the resident in order to support the resident in decision making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications; or(iii) If there is no individual who meets the criteria under (a)(i) or (ii) of this subsection, an individual chosen by the resident to act on behalf of the resident in order to support the resident in decision making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications.(b) The term "resident representative" does not include any individual described in (a) of this subsection who is affiliated with any long-term care facility or nursing home where the resident resides, or its licensee or management company, unless the affiliated individual is a family member of the resident.[ 2021 c 159 § 21. Prior: 2020 c 278 § 13; 1997 c 392 § 203; 1994 c 214 § 2.]NOTES:Findings—2021 c 159: See note following RCW 18.20.520.Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
WA Rev Code § 70.129.020 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.020 - Exercise of rights.

RCW 70.129.020 Exercise of rights.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 rights as a resident of the facility and as a citizen or resident of the United States and the state of Washington.(2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights.(3) In the case of a resident adjudged incompetent by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed to act on the resident's behalf.(4) In the case of a resident who has not been adjudged incompetent by a court of competent jurisdiction, a resident representative may exercise the resident's rights to the extent provided by law.[ 2021 c 159 § 22; 1994 c 214 § 3.]NOTES:Findings—2021 c 159: See note following RCW 18.20.520.
WA Rev Code § 70.129.050 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.050 - Privacy and confidentiality of personal and medical records.

RCW 70.129.050 Privacy and confidentiality of personal and medical records.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 provide a private room for each resident however, a resident cannot be prohibited by the facility from meeting with guests in his or her bedroom if no roommates object.(2) The resident may approve or refuse the release of personal and clinical records to an individual outside the facility unless otherwise provided by law.[ 1994 c 214 § 6.]
WA Rev Code § 70.129.060 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.060 - Grievances.

RCW 70.129.060 Grievances.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 residents.[ 1994 c 214 § 7.]
WA Rev Code § 70.129.070 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.070 - Examination of survey or inspection results—Contact with client advocates.

RCW 70.129.070 Examination of survey or inspection results—Contact with client advocates.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 license, and the results must be made available for examination by the facility in a place readily accessible to residents; and(2) Receive information from agencies acting as client advocates, and be afforded the opportunity to contact these agencies.[ 1994 c 214 § 8.]
WA Rev Code § 70.129.080 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.080 - Mail and telephone—Privacy in communications.

RCW 70.129.080 Mail and telephone—Privacy in communications.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 communication equipment where calls can be made without being overheard.[ 2021 c 159 § 25; 1994 c 214 § 9.]NOTES:Findings—2021 c 159: See note following RCW 18.20.520.
WA Rev Code § 70.129.090 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.090 - Advocacy, access, and visitation rights.

RCW 70.129.090 Advocacy, access, and visitation rights.(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 advocacy system for individuals with developmental disabilities as established under part C of the developmental disabilities assistance and bill of rights act;(e) The agency responsible for the protection and advocacy system for individuals with mental illness as established under the protection and advocacy for mentally ill individuals act;(f) Subject to reasonable restrictions to protect the rights of others and to the resident's right to deny or withdraw consent at any time, resident representative, immediate family or other relatives of the resident, and others who are visiting with the consent of the resident;(g) The agency responsible for the protection and advocacy system for individuals with disabilities as established under section 509 of the rehabilitation act of 1973, as amended, who are not served under the mandates of existing protection and advocacy systems created under federal law.(2) The facility must provide reasonable access to a resident by the resident representative or an entity or individual that provides health, social, legal, or other services to the resident, subject to the resident's right to deny or withdraw consent at any time.(3) The facility must allow representatives of the state ombuds to examine a resident's clinical records with the permission of the resident or resident representative to the extent provided by law, and consistent with state and federal law.[ 2021 c 159 § 26; 2013 c 23 § 185; 1994 c 214 § 10.]NOTES:Findings—2021 c 159: See note following RCW 18.20.520.
WA Rev Code § 70.129.100 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.100 - Personal property—Storage space.

RCW 70.129.100 Personal property—Storage space.(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 other lockable storage space for small items of personal property, unless the resident's individual room is lockable with a key issued to the resident.[ 1994 c 214 § 11.]
WA Rev Code § 70.129.105 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.105 - Waiver of liability and resident rights limited.

RCW 70.129.105 Waiver of liability and resident rights limited.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.[ 1997 c 392 § 211; 1994 c 214 § 17.]NOTES:Short title—Findings—Construction—Conflict with federal requirements—Part headings and captions not law—1997 c 392: See notes following RCW 74.39A.009.
WA Rev Code § 70.129.120 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.120 - Restraints—Physical or chemical.

RCW 70.129.120 Restraints—Physical or chemical.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.[ 1994 c 214 § 13.]
WA Rev Code § 70.129.130 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.130 - Abuse, punishment, seclusion—Background checks.

RCW 70.129.130 Abuse, punishment, seclusion—Background checks.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 social and health services shall provide background checks required by RCW 43.43.842 for employees of facilities licensed under chapter 18.20 RCW without charge to the facility.[ 1994 c 214 § 14.]
WA Rev Code § 70.129.140 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.140 - Quality of life—Rights.

RCW 70.129.140 Quality of life—Rights.(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 right to:(a) Choose activities, schedules, and health care consistent with his or her interests, assessments, and plans of care;(b) Interact with members of the community both inside and outside the facility;(c) Make choices about aspects of his or her life in the facility that are significant to the resident;(d) Wear his or her own clothing and determine his or her own dress, hair style, or other personal effects according to individual preference;(e) Unless adjudged incompetent or otherwise found to be legally incapacitated, participate in planning care and treatment or changes in care and treatment;(f) Unless adjudged incompetent or otherwise found to be legally incapacitated, to direct his or her own service plan and changes in the service plan, and to refuse any particular service so long as such refusal is documented in the record of the resident.(3)(a) A resident has the right to organize and participate in resident groups in the facility.(b) A resident's family has the right to meet in the facility with the families of other residents in the facility.(c) The facility must provide a resident or family group, if one exists, with meeting space.(d) Staff or visitors may attend meetings at the group's invitation.(e) When a resident or family group exists, the facility must listen to the views and act upon the grievances and recommendations of residents and families concerning proposed policy and operational decisions affecting resident care and life in the facility.(f) The resident has the right to refuse to perform services for the facility except as voluntarily agreed by the resident and the facility in the resident's service plan.(4) A resident has the right to participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility.(5) A resident has the right to:(a) Reside and receive services in the facility with reasonable accommodation of individual needs and preferences, except when the health or safety of the individual or other residents would be endangered; and(b) Receive notice before the resident's room or roommate in the facility is changed.(6) A resident has the right to share a double room with his or her spouse or domestic partner when residents who are married to each other or in a domestic partnership with each other live in the same facility and both spouses or both domestic partners consent to the arrangement.[ 2008 c 6 § 304; 1994 c 214 § 15.]NOTES:Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
WA Rev Code § 70.129.160 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.160 - Ombuds implementation duties.

RCW 70.129.160 Ombuds implementation duties.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 with the departments of health and social and health services, long-term care facility organizations, resident groups, senior citizen organizations, and organizations concerning individuals with disabilities.[ 2020 c 278 § 14; 2013 c 23 § 187; 2012 c 10 § 58; 1998 c 245 § 113; 1994 c 214 § 18.]NOTES:Application—2012 c 10: See note following RCW 18.20.010.
WA Rev Code § 70.129.170 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.170 - Nonjudicial remedies through regulatory authorities encouraged—Remedies cumulative.

RCW 70.129.170 Nonjudicial remedies through regulatory authorities encouraged—Remedies cumulative.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 formal means available to satisfactorily resolve disputes that may arise regarding the rights conferred by the provisions of this chapter and RCW 18.20.180, 18.51.009, 72.36.037, and 70.128.125. Wherever feasible, direct discussion with facility personnel or administrators should be employed. Failing that, and where feasible, recourse may be sought through state or federal long-term care or nursing home licensing or other regulatory authorities. However, the procedures suggested in this section are cumulative and shall not restrict an agency or person from seeking a remedy provided by law or from obtaining additional relief based on the same facts, including any remedy available to an individual at common law. Chapter 214, Laws of 1994 is not intended to, and shall not be construed to, create any right of action on the part of any individual beyond those in existence under any common law or statutory doctrine. Chapter 214, Laws of 1994 is not intended to, and shall not be construed to, operate in derogation of any right of action on the part of any individual in existence on June 9, 1994.[ 2013 c 23 § 188; 1994 c 214 § 19.]
WA Rev Code § 70.129.180 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.180 - Facility's policy on accepting medicaid as a payment source—Disclosure.

RCW 70.129.180 Facility's policy on accepting medicaid as a payment source—Disclosure.(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 policy under this section must be provided to residents orally and in writing prior to admission, in a language that the resident or resident representative understands. The written policy must be in type font no smaller than fourteen point and written on a page that is separate from other documents. The policy must be signed and dated by the resident or resident representative to the extent provided by law, if the resident lacks capacity. The facility must retain a copy of the disclosure. Current residents must receive a copy of the policy consistent with this section by July 26, 2009.[ 2021 c 159 § 29; 2009 c 489 § 1.]NOTES:Findings—2021 c 159: See note following RCW 18.20.520.
WA Rev Code § 70.129.185 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.185 - Training materials for leadership and staff—Local health jurisdictions.

RCW 70.129.185 Training materials for leadership and staff—Local health jurisdictions.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 care system. The training materials must provide information to assist local health jurisdiction personnel when establishing and enforcing public health measures in long-term care facilities and nursing homes, including:(1) All applicable state and federal resident rights, including the due process rights of residents; and(2) The process for local health jurisdiction personnel to report abuse and neglect in facilities and nursing homes, including during periods when visitation may be limited.[ 2021 c 159 § 19.]NOTES:Findings—2021 c 159: See note following RCW 18.20.520.
WA Rev Code § 70.129.901 (2021)
2021 Revised Code of Washington|Title 70 - Public Health and Safety|Chapter 70.129 - Long-Term Care Resident Rights.|70.129.901 - Conflict with federal requirements—1994 c 214.

RCW 70.129.901 Conflict with federal requirements—1994 c 214.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 affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state.[ 1994 c 214 § 27.]