Resident Rights
People who live in long-term care facilities have additional resident rights. These specific rights ensure that residents receive care in a way that maintains or enhances their quality of life. All residents have the right to courtesy and dignity in full recognition of their individuality and identity.
Protection of Basic Rights
Residents have the right to continue to enjoy their basic civil and legal rights. They do not lose any
rights when they move into a facility. All residents have the right to freely exercise their rights without
interference, force, discrimination, or punishment.
Right to Information
Residents have the right to know information concerning themselves and the facility in which
they live. The facility must provide this information in a language that the resident understands.
Residents must receive certain information before they move in:
- their rights as residents of the facility;
- the rules and regulations of the facility;
- the availability and cost of services, items, and activities; and
- how to contact an ombud and file a complaint with the appropriate state agency.
Facilities must notify residents of changes that affect them, including:
- changes in the availability or charges for service, items, or activities; and
- changes in the facility’s rules.
Residents also have the right to some facility records. These records include:
- the reports from the most recent inspection, including plans of correction; and
- records about themselves including clinical records (within 24 hours).
As a Home Care Aide, how can you support a client’s right to information?
Comfort and Security
Residents have the right to a safe, clean, comfortable, and homelike environment. The facility must be able to meet the resident’s needs and honor their preferences as much as possible. Residents have the right to privacy in their room or unit, including the ability to lock their door. Residents have the right to remain in the facility and not be transferred or discharged without appropriate reasons, and a 30-day notice unless an urgent condition warrants less time.
Communication and Visitation
The resident decides who they interact with, and has the right to participate in resident meetings. The facility must allow visitors that the resident wants to see when they want to see them. If the facility believes a visitor endangers others, the facility must work with the resident on a plan to keep others safe. Before making any change that infringes on the rights of a resident, a facility must first try positive supports to address the issue. If these measures do not work, the facility must get the consent of the resident before limiting visitors. This includes family, friends, their doctor or other health care providers, representatives of protective agencies, or ombuds. The resident also has the right to allow ombuds to examine their clinical record.
To make sure that residents have the opportunity to communicate, they have the right to:
- send and receive unopened mail;
- have access to paper, pen/pencil, envelope, stamps (at their own expense); and
- have access to a telephone and privacy while using it.
Property and Finances
Residents have the right to keep and use their personal possessions in a safe and reasonable manner. The facility must treat the resident’s property with respect. Residents have the right to keep and manage their own finances. The facility must not require residents to deposit their personal funds with the facility
Grievances
Residents have the right to make official complaints about services or lack of services. The facility is prohibited from punishing a resident for making a complaint or report. Medicaid clients have the right to an administrative hearing when they disagree with a decision regarding services they receive through DSHS.
Scenario: A resident complains to you about the care they are receiving. What could you do to support the resident’s independence and protect their legal rights? Think of two or three different actions you could take, and discuss your answers.
Disability Rights Washington (DRW)
DRW is a private non-profit organization that protects the rights of people with disabilities statewide. The DRW’s mission is to advance the dignity, equality, and self-determination of people with disabilities. They provide free services to people with disabilities, including:
- disability rights information;
- technical assistance for disability issues;
- general information about legal rights;
- strategies about how to become a stronger self-advocate;
- information sheets on many subjects to empower individuals with disabilities to better advocate for themselves;
- community education and training; and
- legal services for disability rights violations.
Contact DRW at 1-800-562-2702 or visit disabilityrightswa.org.