Know your Rights - Section Two:

Resident Rights in Action -- Examples

Overview

In this section, you will find two examples of how Long-Term Care (LTC) Residents Rights can affect your stay in a LTC facility. 

You can also read a Summary of Residents Rights  

or review: 

Chapter 70.129 Revised Code of Washington: LONG-TERM CARE RESIDENT RIGHTS

Exercise Your Right to Participate In and Direct Your "Care Plan"

One of the fundamental Long-Term Care (LTC) Residents Rights concerns your "care plan." A care plan is an individualized blueprint that directs staff regarding your healthcare, social and emotional needs. A LTC care plan is legally required for each resident of a nursing home or boarding home ("assisted living facility"). In adult family homes, a care plan is called a “service plan.” 

LTC care plans cover all aspects of your stay.  They include your needs and preferences, as well as goals. For example, care plans cover how often you would like to be bathed, your dietary preferences, your health needs and treatment plan, what kinds of activities you like, and what times you like to get up in the morning and retire at night.

Care Plan Meetings 

You have the right to participate in creating and modifying your care plan. You can do this in a Care Plan Meeting.

Transfer and Discharge    

Voluntary

You can request to be discharged from the facility.  The facility must provide you with sufficient preparation to ensure a safe and orderly discharge. 

You have the right to request discharge, even though it is against medical advice.

Nursing homes are required to prepare a comprehensive discharge plan, which reflects your needs and preferences, and identifies where you will be living, what services you require, and how those services will be provided.

In an Adult Family Home or Boarding Home, the facility must provide sufficient preparation and orientation to you to ensure safe and orderly transfer or discharge from the facility.

Involuntary

In most cases, you have the right to receive a thirty-day written notice of the facility’s proposed discharge. The written notice must include, for example: the reason for discharge; the effective date of discharge; the location to which you will be discharged to; and the name, address and telephone number of the Washington State LTC Ombudsman.

You have the right to be reasonably accommodated before a facility can discharge you.

If you live in a nursing home, you have the right to appeal the facility’s discharge decision before an administrative law judge.

There are five legal grounds for transfer or discharge: 

1. Your needs cannot be met at the facility

2. You endanger the health of other individuals at the facility

3. You endanger the safety of other individuals at the facility        

4. You have failed to make payment for your stay

5.  The facility closes

Remember that retaliation and coercion are illegal! 

(Read Retaliation and Coercion are Illegal in the Rights are Important section.)

[ Rights are Important ] [ Rights in Action ] [ Summary of Rights ] [ State Laws ]

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