reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Admission, Transfer and Discharge › Section 388-97-0080 - Discharge planning

Current through Register Vol. 24-14, July 15, 2024
(1) A resident has
					 the right to attain or maintain the highest practicable physical, mental, and
					 psychosocial well-being, and to reside in the most independent setting.
					 Therefore, the nursing home must:
(a) Utilize
					 a formal resident discharge planning system with identical policies and
					 practices for all residents regardless of source of payment;
(b) Inform the resident or resident's
					 representative in writing of the nursing home's discharge planning system when
					 the resident is admitted or as soon as practical after the resident's
					 admission, including:
(i) Specific resources
					 available to assist the resident in locating a lesser care setting;
(ii) The name of the nursing home's discharge
					 coordinator(s);
(iii) In the case
					 of a medicaid certified nursing facility, the address and telephone number for
					 the department's local home and community services office; and
(iv) In the case of a resident identified
					 through pre-admission screening and resident review (PASRR) as having a
					 developmental disability or mental illness, the address and telephone number
					 for the division of developmental disabilities or the mental health PASRR
					 contractor.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Admission, Transfer and Discharge › Section 388-97-0100 - Utilization review

Current through Register Vol. 24-14, July 15, 2024
(1) To assure
					 appropriate use of medicaid services, the nursing facility must determine
					 whether each medicaid resident's health has improved sufficiently so the
					 resident no longer needs nursing facility care.
(a) The nursing facility must base its
					 determination on:
(i) An accurate,
					 comprehensive assessment process; and
(ii) Documentation by the resident's
					 physician.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Admission, Transfer and Discharge › Section 388-97-0120 - Individual transfer and discharge rights and procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The skilled nursing facility and nursing
					 facility must comply with all of the requirements of 42 C.F.R. § 483.10
					 and § 483.12, and
					 RCW
					 74.42.450, or successor laws, and the nursing
					 home must comply with all of the requirements of
					 RCW
					 74.42.450(1) through (4) and
					 (7), or successor laws, including the
					 following provisions and must not transfer or discharge any resident unless:
(a) At the resident's request;
(b) The transfer or discharge is necessary
					 for the resident's welfare and the resident's needs cannot be met in the
					 facility;
(c) The transfer or
					 discharge is appropriate because the resident's health has improved enough so
					 the resident no longer needs the services provided by the facility;
(d) The safety of individuals in the facility
					 is endangered;
(e) The health of
					 individuals in the facility would otherwise be endangered; or
(f) The resident has failed, after reasonable
					 and appropriate notice, to pay for a stay at the facility.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Admission, Transfer and Discharge › Section 388-97-0140 - Transfer and discharge appeals for resident in medicare or medicaid certified facilities

Current through Register Vol. 24-14, July 15, 2024
(1) A skilled
					 nursing facility and a nursing facility that initiates transfer or discharge of
					 any resident, regardless of payor status, must:
(a) Provide the required written notice of
					 transfer or discharge to the resident and, if known or appropriate, to a family
					 member or the resident's representative;
(b) Attach a department-designated hearing
					 request form to the transfer or discharge notice;
(c) Inform the resident in writing, in a
					 language and manner the resident can understand, that:
(i) An appeal request may be made any time up
					 to ninety days from the date the resident receives the notice of transfer or
					 discharge; and
(ii) Transfer or
					 discharge will be suspended when an appeal request is received by the office of
					 administrative hearings on or before the date the resident actually transfers
					 or discharges; and
(iii) The
					 nursing home will assist the resident in requesting a hearing to appeal the
					 transfer or discharge decision.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Admission, Transfer and Discharge › Section 388-97-0160 - Discharge or leave of a nursing facility resident

Current through Register Vol. 24-14, July 15, 2024
(1) A nursing facility must send immediate
					 written notification of the date of discharge or death of a medicaid resident
					 to the department's local home and community service office.
(2) The nursing facility must:
(a) Notify the department of nursing facility
					 discharge and readmission for all medicaid recipients admitted as hospital
					 inpatients; and
(b) Document in the
					 resident's clinical record all social/therapeutic leave exceeding twenty-four
					 hours.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0180 - Resident rights

Current through Register Vol. 24-14, July 15, 2024
(1) The nursing
					 home must meet the resident rights requirements of this section and those in
					 the rest of the chapter.
(2) The
					 resident has a right to a dignified existence, self-determination, and
					 communication with, and access to individuals and services inside and outside
					 the nursing home.
(3) A nursing
					 home must promote and protect the rights of each resident, including those with
					 limited cognition or other barriers that limit the exercise of
					 rights.
(4) The resident has the
					 right to:
(a) Exercise his or her rights as a
					 resident of the nursing home and as a citizen or resident of the United States.
					 Refer to WAC
					 388-97-0240;
(b) Be free of interference, coercion,
					 discrimination, and reprisal from the nursing home in exercising his or her
					 rights; and
(c) Not be asked or
					 required to sign any contract or agreement that includes provisions to waive:
(i) Any resident right set forth in this
					 chapter or in the applicable licensing or certification laws; or
(ii) Any potential liability for personal
					 injury or losses of personal property.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0200 - Free choice

Current through Register Vol. 24-14, July 15, 2024
The resident has the right to:
(1) Choose a personal attending
					 physician.
(2) Be fully informed in
					 advance about care and treatment and of any changes in that care or treatment
					 that may affect the resident's well-being.
(3) Participate in planning care and
					 treatment or changes in care and treatment.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0200, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0220 - Statute implemented in resident decision making, informed consent, and advance directives

Current through Register Vol. 24-14, July 15, 2024
WAC
						388-97-0240,
						388-97-0260, and
						388-97-0280 implement the federal
						Patient Self-Determination Act and clarify requirements under chapters 11.94,
						7.70,
						70.122,
						11.88 and
						11.92 RCW.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0220, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0240 - Resident decision making

Current through Register Vol. 24-14, July 15, 2024
(1) At the
					 time of admission, or not later than the completion of the initial
					 comprehensive resident assessment, the nursing home must determine if the
					 resident:
(a) Has appointed another
					 individual to make his or her health care, financial, or other
					 decisions;
(b) Has created any
					 advance directive or other legal documents that will establish a surrogate
					 decision maker in the future; and
(c) Is not making his or her own decisions,
					 and identify who has the authority for surrogate decision making, and the scope
					 of the surrogate decision maker's authority.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0260 - Informed consent

Current through Register Vol. 24-14, July 15, 2024
(1) The nursing
					 home must ensure that the informed consent process is followed with:
(a) The resident to the maximum extent
					 possible, taking into consideration his or her ability to understand and
					 respond; and
(b) The surrogate
					 decision maker when the resident is determined to be incapacitated as
					 established through the provision of a legal document such as durable power of
					 attorney for health care, a court proceeding, or as authorized by state law,
					 including RCW 7.70.065. The surrogate
					 decision maker must:
(i) First determine if
					 the resident would consent or refuse the proposed or alternative
					 treatment;
(ii) Discuss
					 determination of consent or refusal with the resident whenever possible;
					 and
(iii) When a determination of
					 the resident's consent or refusal of treatment cannot be made, make the
					 decision in the best interest of the resident.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0280 - Advance directives

Current through Register Vol. 24-14, July 15, 2024
(1)
"Advance directive"
as used in this chapter means any document
					 indicating a resident's choice with regard to a specific service, treatment,
					 medication or medical procedure option that may be implemented in the future
					 such as power of attorney, health care directive, limited or restricted
					 treatment cardiopulmonary resuscitation (CPR), do not resuscitate (DNR), and
					 organ tissue donation.
(2) The
					 nursing home must carry out the provisions of this section in accordance with
					 the applicable provisions of WAC
					 388-97-0240 and
					 388-97-0260, and with state
					 law.
(3) The nursing home must:
(a) Document in the clinical record whether
					 or not the resident has an advance directive;
(b) Not request or require the resident to
					 have any advance directives and not condition the provision of care or
					 otherwise discriminate against a resident on the basis of whether or not the
					 resident has executed an advance directive;
(c) In a language and words the resident
					 understands, inform the resident in writing and orally at the time of
					 admission, and thereafter as necessary to ensure the resident's right to make
					 informed choices, about:
(i) The right to
					 make health care decisions, including the right to change his or her mind
					 regarding previous decisions;
(ii)
					 Nursing home policies and procedures concerning implementation of advance
					 directives; and
(d)
					 Review and update as needed the resident advance directive information:
(i) At the resident's request;
(ii) When the resident's condition warrants
					 review; and
(iii) When there is a
					 significant change in the resident's condition.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0300 - Notice of rights and services

Current through Register Vol. 24-14, July 15, 2024
The department amended or suspended portions of this
						section from May 15, 2020, through May 7, 2022, in response to the state of
						emergency related to the COVID-19 pandemic. For requirements in place during
						that time, see WAC 388-97-03001.
(1)
					 The nursing home must provide the resident, before admission, or at the time of
					 admission in the case of an emergency, and as changes occur during the
					 resident's stay, both orally and in writing and in language and words that the
					 resident understands, with the following information:
(a) All rules and regulations governing
					 resident conduct, resident's rights and responsibilities during the stay in the
					 nursing home;
(b) Advanced
					 directives, and of any nursing home policy or practice that might conflict with
					 the resident's advance directive if made;
(c) Advance notice of transfer requirements,
					 consistent with
					 RCW
					 70.129.110;
(d) Advance notice of deposits and refunds,
					 consistent with
					 RCW
					 70.129.150; and
(e) Items, services and activities available
					 in the nursing home and of charges for those services, including any charges
					 for services not covered under medicare or medicaid or by the home's per diem
					 rate.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-03001 - Notice of rights and services-Requirements in effect May 15, 2020, through May 7, 2022, in response to the state of emergency related to the COVID-19 pandemic

Current through Register Vol. 24-14, July 15, 2024
In response to the state of emergency related to the
						COVID-19 pandemic, the department adopted emergency rules under
						RCW
						34.05.350 on May 15, 2020, to amend and
						suspend portions of WAC
						388-97-0300. The emergency rules
						remained in effect until May 7, 2022. The following rule was in effect during
						that time:
(1) The nursing home must
					 provide the resident, before admission, or at the time of admission in the case
					 of an emergency, and as changes occur during the resident's stay, both orally
					 and in writing and in language and words that the resident understands, with
					 the following information:
(a) All rules and
					 regulations governing resident conduct, resident's rights and responsibilities
					 during the stay in the nursing home;
(b) Advanced directives, and of any nursing
					 home policy or practice that might conflict with the resident's advance
					 directive if made;
(c) Advance
					 notice of transfer requirements, consistent with
					 RCW
					 70.129.110;
(d) Advance notice of deposits and refunds,
					 consistent with
					 RCW
					 70.129.150; and
(e) Items, services, and activities available
					 in the nursing home and of charges for those services, including any charges
					 for services not covered under medicare or medicaid or by the home's per diem
					 rate.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0320 - Notification of changes

Current through Register Vol. 24-14, July 15, 2024
(1) A nursing
					 home must immediately inform the resident, consult with the resident's
					 physician, and if known, notify the resident's surrogate decision maker, and
					 when appropriate, with resident consent, interested family member(s) when there
					 is:
(a) An accident involving the resident
					 which results in injury and has the potential for requiring physician
					 intervention;
(b) A significant
					 change in the resident's physical, mental, or psychosocial status (i.e., a
					 deterioration in health, mental, or psychological status in either
					 life-threatening conditions or clinical complications); refer to WAC
					 388-97-0240;
(c) A need to alter treatment significantly
					 (i.e., a need to discontinue an existing form of treatment due to adverse
					 consequences, or to commence a new form of treatment); or
(d) A decision to transfer or discharge the
					 resident from the facility.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0340 - Protection of resident funds

Current through Register Vol. 24-14, July 15, 2024
(1) The
					 resident has the right to manage his or her financial affairs and the nursing
					 home may not require residents to deposit their personal funds with the nursing
					 home.
(2) Upon written
					 authorization of a resident, the nursing home must hold, safeguard, manage and
					 account for the personal funds of the resident deposited with the nursing
					 home.
(3) The nursing home must
					 establish and maintain a system that assures a full, complete and separate
					 accounting, according to generally accepted accounting principles, of each
					 resident's personal funds entrusted to the nursing home on the resident's
					 behalf and must:
(a) Deposit any resident's
					 personal funds in excess of fifty dollars, one hundred dollars for medicare
					 residents, in an interest-bearing resident personal fund account or accounts,
					 separate from any nursing home operating accounts, and credit all interest
					 earned to the account;
(b) Keep
					 personal funds under fifty dollars, one hundred dollars for medicare residents,
					 in a noninterest-bearing account or petty cash fund maintained for residents;
					 and
(c) Make the individual
					 financial record available to the resident or his or her surrogate decision
					 maker through quarterly statements and on request.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0360 - Privacy and confidentiality

Current through Register Vol. 24-14, July 15, 2024
(1)
					 The resident has the right to personal privacy and confidentiality of his or
					 her personal and clinical records. Personal privacy includes:
(a) Accommodations;
(b) Medical treatment;
(c) Written and telephone
					 communications;
(d) Personal
					 care;
(e) Visits; and
(f) Meetings with family and resident
					 groups.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0380 - Electronic monitoring equipment - Audio monitoring and video monitoring

Current through Register Vol. 24-14, July 15, 2024
(1) Except as
					 provided in this section or in WAC
					 388-97-0400, the nursing home
					 must not use the following in the facility or on the premises:
(a) Audio monitoring equipment; or
(b) Video monitoring equipment if it includes
					 an audio component.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0400 - Electronic monitoring equipment - Resident requested use

Current through Register Vol. 24-14, July 15, 2024
(1) The nursing home must not use audio or
					 video monitoring equipment to monitor any resident unless:
(a) The resident has requested the
					 monitoring; and
(b) The monitoring
					 is only used in the sleeping room of the resident who requested the
					 monitoring.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0420 - Work

Current through Register Vol. 24-14, July 15, 2024
The resident has the right to:
(1) Refuse to perform services for the
					 nursing home; and
(2) Perform
					 services for the nursing home, if he or she chooses, when:
(a) The facility has documented the need or
					 desire for work in the plan of care;
(b) The plan specifies the nature of the
					 services performed and whether the services are voluntary or paid;
(c) Compensation for paid services is at or
					 above prevailing rates; and
(d) The
					 resident agrees to the work arrangement described in the plan of
					 care.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0440 - Self-administration of drugs

Current through Register Vol. 24-14, July 15, 2024
A resident may self-administer drugs if the
						interdisciplinary team has determined that this practice is
						safe.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0440, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0460 - Grievance rights

Current through Register Vol. 24-14, July 15, 2024
A resident has the right to:
(1) Voice grievances without discrimination
					 or reprisal. Grievances include those with respect to treatment which has been
					 furnished as well as that which has not been furnished.
(2) Prompt efforts by the nursing home to
					 resolve voiced grievances, including those with respect to the behavior of
					 other residents.
(3) File a
					 complaint, contact, or provide information to the department, the long-term
					 care ombuds, the attorney general's office, and law enforcement agencies
					 without interference, discrimination, or reprisal. All forms of retaliatory
					 treatment are prohibited, including those listed in chapter 74.39A
					 RCW.
(4) Receive information from
					 agencies acting as client advocates, and be afforded the opportunity to contact
					 these agencies.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0460, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0480 - Examination of survey results

Current through Register Vol. 24-14, July 15, 2024
(1) The
					 resident has the right to examine the results of:
(a) The most recent survey of the nursing
					 home conducted by federal and state surveyors;
(b) Surveys related to any current or
					 subsequent complaint investigation; and
(c) Any required accompanying plan of
					 correction, completed or not.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0500 - Resident mail

Current through Register Vol. 24-14, July 15, 2024
The resident has the right and the nursing home must
						provide immediate access to any resident by the following:
(1) Send and promptly receive mail that is
					 unopened; and
(2) Have access to
					 stationary, postage and writing implements at the resident's own
					 expense.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0500, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0520 - Access and visitation rights

Current through Register Vol. 24-14, July 15, 2024
(1) The
					 resident has the right and the nursing home must provide immediate access to
					 any resident by the following:
(a) For
					 medicare and medicaid residents any representative of the U.S. department of
					 health and human services (DHHS);
(b) Any representative of the
					 state;
(c) The resident's personal
					 physician;
(d) Any representative
					 of the state long term care ombuds program (established under section
					 307(a)(12) of the Older American's Act of 1965);
(e) Any representative of the Washington
					 protection and advocacy system, or any other agency (established under part c
					 of the Developmental Disabilities Assistance and Bill of Rights Act);
(f) Any representative of the Washington
					 protection and advocacy system, or any agency (established under the Protection
					 and Advocacy for Mentally Ill Individuals Act);
(g) Subject to the resident's right to deny
					 or withdraw consent at any time, immediate family or other relatives of the
					 resident; and
(h) Subject to
					 reasonable restrictions and the resident's right to deny or withdraw consent at
					 any time, others who are visiting with the consent of the resident.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0540 - Telephone

Current through Register Vol. 24-14, July 15, 2024
The resident has the right to have twenty-four hour
						access to a telephone which:
(1)
					 Provides auditory privacy;
(2) Is
					 accessible to an individual with a disability and accommodates an individual
					 with sensory impairment; and
(3)
					 Does not include the use of telephones in staff offices and at the nurses
					 station(s).
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0540, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0560 - Personal property

Current through Register Vol. 24-14, July 15, 2024
(1) The resident
					 has the right, unless to do so would infringe upon the rights or health and
					 safety of other residents, to:
(a) Retain and
					 use personal possessions, including some furnishings, and appropriate clothing,
					 as space permits;
(b) Provide his
					 or her own bed and other furniture, if desired and space permits; and
(c) Not be required to keep personal property
					 locked in the facility office, safe, or similar arrangement.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0580 - Roommates/rooms

Current through Register Vol. 24-14, July 15, 2024
(1) A resident has
					 the right to:
(a) Share a room with his or
					 her spouse or state registered domestic partners when both residents live in
					 the same facility and both consent to the arrangement and the room complies
					 with the requirements for two occupants; and
(b) Receive three days notice of change in
					 room or roommate except:
(i) For room
					 changes: The move is at the resident's request; and
(ii) For room or roommate changes: A longer
					 or shorter notice is required to protect the health or safety of the resident
					 or another resident; or an admission to the facility is necessary, and the
					 resident is informed in advance. The nursing home must recognize that the
					 change may be traumatic for the resident and take steps to lessen the
					 trauma.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0600 - Refusal of certain transfers

Current through Register Vol. 24-14, July 15, 2024
(1) Each
					 resident has the right to refuse a transfer to another room within the
					 facility, if the purpose of the transfer is to make the resident eligible for
					 coverage by the medicare or medicaid program.
(2) Refer to WAC
					 388-97-0580 for requirements
					 related to a resident's right to notice before room or roommate
					 changes.
(3) At the time of a
					 proposed transfer, the skilled nursing facility or nursing facility must inform
					 the resident of the right to refuse under subsection (1), if the purpose is to
					 make the resident eligible for coverage by the medicare program.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW. 11-22-077, §
						  388-97-0600, filed 11/1/11, effective 12/2/11. Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0600, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0620 - Chemical and physical restraints

Current through Register Vol. 24-14, July 15, 2024
(1)
					 The resident has the right to be free from any physical or chemical restraint
					 imposed for purposes of:
(a) Discipline or
					 convenience, and not required to treat the resident's medical symptoms;
					 or
(b) Preventing or limiting
					 independent mobility or activity.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0640 - Prevention of abuse

Current through Register Vol. 24-14, July 15, 2024
(1) Each resident
					 has the right to be free from verbal, sexual, physical and mental abuse,
					 corporal punishment, and involuntary seclusion.
(2) The nursing home must develop and
					 implement written policies and procedures that:
(a) Prohibit abandonment, abuse, and neglect
					 of residents, financial exploitation, and misappropriation of resident
					 property; and
(b) Require staff to
					 report possible abuse, and other related incidents, as required by
					 chapter
					 74.34 RCW, and for skilled
					 nursing facilities and nursing facilities as required by 42 C.F.R. §
					 483.13.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0660 - Resident protection program definition

Current through Register Vol. 24-14, July 15, 2024
As used in WAC
						388-97-0680 through
						388-97-0840, the term
"individual,"
means anyone, used by the nursing home to provide
						services to residents who is alleged to have abandoned, abused, neglected,
						misappropriated property of a resident or financially exploited a resident.
						"Individual" includes, but is not limited to, employees, contractors, and
						volunteers.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0660, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0680 - Investigation of mandated reports

Current through Register Vol. 24-14, July 15, 2024
(1)
					 The department will review all allegations of resident abandonment, abuse,
					 neglect, or financial exploitation, or misappropriation of resident property,
					 as those terms are defined in this chapter,
					 RCW
					 74.34.020 or 42 C.F.R. 488.301.
(2) If, after the review of an allegation,
					 the department concludes that there is reason to believe that an individual has
					 abandoned, abused, neglected, or financially exploited a resident, or has
					 misappropriated a resident's property, then the department will initiate an
					 investigation.
(3) The department's
					 investigation may include, but is not limited to:
(a) The review of facility and state agency
					 records;
(b) Interviews with anyone
					 who may have relevant information about the allegation; and
(c) The collection of any evidence deemed
					 necessary by the investigator.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0700 - Preliminary finding

Current through Register Vol. 24-14, July 15, 2024
If, after review of the results of the investigation, the
						department determines that an individual has abandoned, abused, neglected, or
						financially exploited a resident, or has misappropriated a resident's property,
						the department will make a preliminary finding to that effect. However, a
						preliminary finding of neglect will not be made if the individual demonstrates
						that the neglect was caused by factors beyond the control of the
						individual.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0700, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0720 - Notice to individual of preliminary findings

Current through Register Vol. 24-14, July 15, 2024
(1) The department will serve notice of the
					 preliminary finding as provided in WAC
					 388-97-4425.
(2) The department may establish proof of
					 service as provided in WAC
					 388-97-4430.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW. 10-02-021, §
						  388-97-0720, filed 12/29/09, effective 1/29/10. Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0720, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0725 - Notice to others of preliminary findings

Current through Register Vol. 24-14, July 15, 2024
Consistent with confidentiality requirements concerning
						the resident, witnesses, and the reporter, the department may provide
						notification of a preliminary finding to:
(1) Other divisions within the
					 department;
(2) The agency, program
					 or employer where the incident occurred;
(3) The employer or program that is currently
					 associated with the individual;
(4)
					 Law enforcement;
(5) Other entities
					 as authorized by law including
					 chapter
					 74.34 RCW and this
					 chapter; and
(6) The appropriate
					 licensing agency.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW. 10-02-021, §
						  388-97-0725, filed 12/29/09, effective
						  1/29/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0740 - Disputing a preliminary finding

Current through Register Vol. 24-14, July 15, 2024
(1)
					 The individual may request an administrative hearing to challenge a preliminary
					 finding made by the department.
(2)
					 The request must be made in writing to the office of administrative
					 hearings.
(3) The office of
					 administrative hearings must receive the individual's written request for an
					 administrative hearing within thirty calendar days of the date of the notice of
					 the preliminary finding; except under the circumstances described in subsection
					 (4).
(4) If, an individual requests
					 a hearing within one hundred eighty days of the date of the notice of the
					 preliminary finding and the individual can demonstrate good cause for failing
					 to request a hearing within thirty days, the office of administrative hearings
					 may grant the request. Under these circumstances, the finding against the
					 individual will remain on the department's registry pending the outcome of the
					 hearing.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0740, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0760 - Hearing procedures to dispute preliminary finding

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a written request for a hearing from an
						individual, the office of administrative hearings will schedule a hearing,
						taking into account the following requirements:
(1) The hearing decision must be issued
					 within one hundred twenty days of the date the office of administrative
					 hearings receives a hearing request; except as provided in subsection
					 (6);
(2) Neither the department nor
					 the individual can waive the one hundred twenty day requirement;
(3) The hearing will be conducted at a
					 reasonable time and at a place that is convenient for the individual;
(4) The hearing, and any subsequent appeals,
					 will be governed by this chapter,
					 chapter
					 34.05 RCW, and chapter
					 388-02 WAC, or its successor regulations;
(5) A continuance may be granted for good
					 cause upon the request of any party, as long as the hearing decision can still
					 be issued within one hundred twenty days of the date of the receipt of the
					 appeal; except under the circumstances described in subsection 6;
(6) If the administrative law judge finds
					 that extenuating circumstances exist that will make it impossible to render a
					 decision within one hundred twenty days, the administrative law judge may
					 extend the one hundred twenty-day requirement by a maximum of sixty days;
					 and
(7) To comply with the time
					 limits described in this section, the individual must be available for the
					 hearing and other preliminary matters. If the decision is not rendered within
					 the time limit described in subsection (1), or if appropriate under subsection
					 (6), the administrative law judge shall issue an order dismissing the appeal
					 and the preliminary finding will become final.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0760, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0780 - Finalizing the preliminary finding

Current through Register Vol. 24-14, July 15, 2024
(1)
					 The preliminary finding becomes a final finding when:
(a) The department notifies the individual of
					 a preliminary finding and the individual does not ask for an administrative
					 hearing within the time frame provided under WAC
					 388-97-0740;
(b) The individual requested an
					 administrative hearing to appeal the preliminary finding and the administrative
					 law judge:
(i) Dismisses the appeal following
					 withdrawal of the appeal or default;
(ii) Dismisses the appeal for failure to
					 comply with the time limits under WAC
					 388-97-0760; or
(iii) Issues an initial order upholding the
					 finding; or
(c) The
					 board of appeals reverses an administrative law judge's initial order and
					 issues a final order upholding the preliminary finding.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0800 - Reporting final findings

Current through Register Vol. 24-14, July 15, 2024
The department will report a final finding of
						abandonment, abuse, neglect, financial exploitation of a resident, and
						misappropriation of resident property within ten working days to the
						following:
(1) The
					 individual;
(2) The current
					 administrator of the facility in which the incident occurred;
(3) The administrator of the facility that
					 currently employs the individual, if known;
(4) The department's registry;
(5) The appropriate licensing authority;
					 and
(6) Any other lists maintained
					 by a state or federal agency as appropriate.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0800, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0820 - Appeal of administrative law judge's initial order or finding

Current through Register Vol. 24-14, July 15, 2024
(1) If the
					 individual or the department disagrees with the administrative law judge's
					 decision, either party may appeal this decision by filing a petition for review
					 with the department's board of appeals as provided under
					 chapter
					 34.05 RCW and chapter
					 388-02 WAC.
(2) If the individual
					 appeals the administrative law judge's decision, the finding will remain on the
					 department's registry or other lists.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0820, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Resident Rights › Section 388-97-0840 - Disclosure of investigative and finding information

Current through Register Vol. 24-14, July 15, 2024
(1) Information obtained during the
					 investigation into allegations of abandonment, abuse, neglect, misappropriation
					 of property, or financial exploitation of a resident, and any documents
					 generated by the department will be maintained and disseminated with regard for
					 the privacy of the resident and any reporting individuals and in accordance
					 with laws and regulations regarding confidentiality and privacy.
(2) Confidential information about resident
					 and mandated reporters provided to the individual by the department must be
					 kept confidential and may only be used by the individual to challenge findings
					 through the appeals process.
(3)
					 Confidential information such as the name and other personal identifying
					 information of the reporter, witnesses, or the resident will be redacted from
					 the documents unless release of that information is consistent with
					 chapter
					 74.34 RCW and other
					 applicable state and federal laws.
Statutory Authority:
						  Chapters
						  18.51 and
						  74.42 RCW and
						  42 C.F.R.
						  489.52. 08-20-062, § 388-97-0840, filed
						  9/24/08, effective 11/1/08.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Quality of Life › Section 388-97-0860 - Resident dignity and accommodation of needs

Current through Register Vol. 24-14, July 15, 2024
(1) Dignity. The nursing home must ensure
					 that:
(a) Resident care is provided in a
					 manner to enhance each resident's dignity, and to respect and recognize his or
					 her individuality; and
(b) Each
					 resident's personal care needs are provided in a private area free from
					 exposure to individuals not involved in providing the care.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › AGING AND ADULT SERVICES › Chapter 388-97 - Nursing homes › Subchapter I - RESIDENT RIGHTS, CARE AND RELATED SERVICES › Quality of Life › Section 388-97-0880 - Environment

Current through Register Vol. 24-14, July 15, 2024
The nursing home must provide and maintain:
(1) A safe, clean, comfortable, and homelike
					 environment, allowing the resident to use his or her personal belongings to the
					 extent possible;
(2) Housekeeping
					 and maintenance services necessary to maintain a sanitary, orderly, and
					 comfortable interior;
(3)
					 Comfortable and safe temperature levels:
(a)
					 Facilities licensed after October 1, 1990 must maintain a temperature range of
					 seventy-one to eighty-one degrees Fahrenheit; and
(b) Regardless of external weather
					 conditions, all nursing homes must develop and implement procedures and
					 processes to maintain a temperature level that is comfortable and safe for
					 residents;