There's a WAC for That!
Communicating Resident Rights
As we close out the year and look forward to the new one, it’s important to remember the rights of our residents. According to the Residential Care Services (RCS), one of the most frequently cited Washington Administrative Codes (WAC) this year was WAC 388-76-10530, which focuses on resident rights and the notice of rights and services.
Here are the key points to ensure compliance with WAC 388-76-10530:
- Written Notice: Provide each resident with a written notice of their rights and the services offered in the home, in a language they understand, before they are admitted. This notice must be reviewed at least every 24 months.
- Content of the Notice:
- Information about resident rights, including those under chapter 70.129 RCW.
- A detailed description of the services, items, and activities available in the home.
- A breakdown of charges for these services, including those not covered by the home’s per diem rate or public benefit programs.
- The monthly or per diem rate for private pay residents.
- The home’s rules, ensuring they do not violate resident rights.
- Instructions on how to file a complaint regarding abandonment, abuse, neglect, or financial exploitation.
- If the home manages the resident’s funds, a description of how these funds will be protected.
- Acknowledgement: Upon receiving the notice at admission and every 24 months, ensure that both the resident and a home representative sign and date an acknowledgement. Keep a signed copy of the notice and the acknowledgement in the resident’s record.
- Information about resident rights, including those under chapter 70.129 RCW.
- A detailed description of the services, items, and activities available in the home.
- A breakdown of charges for these services, including those not covered by the home’s per diem rate or public benefit programs.
- The monthly or per diem rate for private pay residents.
- The home’s rules, ensuring they do not violate resident rights.
- Instructions on how to file a complaint regarding abandonment, abuse, neglect, or financial exploitation.
- If the home manages the resident’s funds, a description of how these funds will be protected.
3. Acknowledgement: Upon receiving the notice at admission and every 24 months, ensure that both the resident and a home representative sign and date an acknowledgement. Keep a signed copy of the notice and the acknowledgement in the resident’s record.
Resident Rights WAC
WAC 388-76-10530
Resident rights—Notice of rights and services.
(1) The adult family home must provide each resident written notice of the resident’s rights and services provided in the home in a language the resident understands and before the resident is admitted to the home. The notice must be reviewed at least once every twenty-four months from the date of the resident’s admission and must include the following:
(a) Information regarding resident rights, including rights under chapter 70.129 RCW;
(b) A complete description of the services, items, and activities customarily available in the home or arranged for by the home as permitted by the license;
(c) A complete description of the charges for those services, items, and activities, including charges for services, items, and activities not covered by the home’s per diem rate or applicable public benefit programs;
(d) The monthly or per diem rate charged to private pay residents to live in the home;
(e) Rules of the home, which must not violate resident rights in chapter 70.129 RCW;
(f) How the resident can file a complaint concerning alleged abandonment, abuse, neglect, or financial exploitation with the state hotline; and
(g) If the home will be managing the resident’s funds, a description of how the home will protect the resident’s funds.
(2) Upon receiving the notice of rights and services at admission and at least every twenty-four months, the home must ensure the resident and a representative of the home sign and date an acknowledgement stating that the resident has received the notice of rights and services as outlined in this section. The home must retain a signed and dated copy of both the notice of rights and services and the acknowledgement in the resident’s record.
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