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Seniors' Rights
<p>When someone is looking at a senior living community or facility, one of the first questions that should be asked is: What are my rights? For many residents in assisted living communities and their families, the answer to the question is, all too often, “I don’t know”. Washington State has taken action to make certain that residents in senior living facilities have a full range of rights and protections to help ensure that they are receiving the care they need and are living the life they deserve.<br /> <br /> In 1987, the Nursing Home Reform Act was signed into law marking the first change in federal nursing home standards and residents’ rights since Medicare and Medicaid were created in 1965. This act set out specific standards for assisted care living facilities that wanted to apply for either Medicare or Medicaid funding. The State of Washington, recognizing that senior living facilities encompassed more than just the nursing home setting, passed the Residents’ Rights Law in 1995. The law, RCW 70.129, reaffirmed that residents of any assisted care living facility - whether assisted living community, nursing home, adult family homes and the state Veteran’s homes, had the basic rights that all Americans are entitled to as well as additional legal protections for seniors.<br /> <br /> The essence of Washington’s Residents’ Rights Law is set out clearly in the following section: <br /> RCW 70.129.140 Quality of life -- Rights.<br /> 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<br /> These rights cover ever part of a resident’s stay including admission, care, and treatment. Some of the highlights of the law are:<br /> <br /> Right to information - the resident and his or her family are entitled to receive pertinent information as to the assisted living care facility’s history, inspection reports, treatment plans, services provided, and reasonable notice of any changes in the way that the facility will provide care<br /> <br /> Personal freedom - the resident makes the decisions as to all aspects of his or her life and stay in the senior living facility from meals, to visitors, and activities. Most importantly, residents of assisted living facilities are guaranteed freedom from any interference in the exercise of these rights including making complaints against the facility. This also includes freedom from any sort of physical or chemical restraints.<br /> <br /> Right to communicate - Although someone is living in an assisted care community, they are still entitled to communicate with anyone they chose and are entitled to the essential right of privacy.<br /> <br /> <br /> <br /> <br /> <br /> While the highlights listed above represent only a portion of the guarantees under the law, it should be remembered that becoming a resident of a senior living care community does not mean that someone is giving up their rights. Rather, choosing to live in an assisted living center is a choice that will enhance the quality of life in later years for both the senior and his or her family.</p> |
