wa-law.org > bill > 2023-24 > HB 1859 > Original Bill
The legislature finds that :
;
b. Choice, participation, privacy, and the opportunity to engage in religious, political, civic, recreational, and other social activities foster a sense of self-worth and enhance the quality of life for long-term care residents
;
c. All residents of long-term care facilities are entitled to a safe, clean, comfortable, and homelike environment;
d. The public interest is best served by providing the same resident rights in all long-term care settings;
e. Residents who reside in long-term care facilities are vulnerable adults as described in chapter 74.34 RCW and should be afforded the same protections;
f. In addition to state resident rights, residents in nursing facilities are guaranteed certain rights by federal law and regulation, 42 U.S.C. 1396r and 42 C.F.R. Part 483; and
g. Inequities have developed within the long-term care system and residents currently have different rights across all settings which leads to confusion and trauma for residents, providers, and regulators.
It is the intent of the legislature to :
Assure that individuals who reside in long-term care facilities receive appropriate services, be treated with courtesy, continue to enjoy their basic civil and legal rights, and have the opportunity to exercise reasonable control over life decisions;
Extend the rights of residents of nursing homes to residents in veterans' homes, assisted living facilities, enhanced services facilities, and adult family homes
; and
c. Assure that facilities care for their residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life, including having a safe, clean, comfortable, and homelike environment, as well as allowing the resident to use personal belongings to the extent possible.
The rights guaranteed to residents in nursing facilities by federal law and regulation, 42 U.S.C. Sec. 1396r and 42 C.F.R. Part 483, as they existed on the effective date of this section, are extended to residents in veterans' homes, assisted living facilities, enhanced services facilities, and adult family homes.
The departments shall adopt rules, policies, and standards to further the intent and purposes of this chapter with respect to all long-term care facilities and operators of long-term care facilities.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
"Chemical restraint" means a psychopharmacologic drug that is used for discipline or convenience and not required to treat the resident's medical symptoms.
"Department" means the department of state government responsible for licensing the provider in question.
"Facility"
or "long-term care facility" means a facility that is licensed or required to be licensed as:
a. An adult family home under chapter 70.128 RCW;
b. An assisted living facility under chapter 18.20 RCW;
c. An enhanced services facility under chapter 70.97 RCW;
d. A nursing home under chapter 18.51 RCW; or
e. A soldiers' or veterans' home under chapter 72.36 RCW.
"Physical restraint" means a manual method, obstacle, or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that restricts freedom of movement or access to his or her body, is used for discipline or convenience, and not required to treat the resident's medical symptoms.
"Reasonable accommodation" by a facility to the needs of a prospective or current resident has the meaning given to this term under the federal Americans with disabilities act of 1990, 42 U.S.C. Sec. 12101 et seq. and other applicable federal or state antidiscrimination laws and regulations.
"Resident" means the individual receiving services in a long-term care facility, that resident's attorney-in-fact, guardian, or other representative acting within the scope of their authority.
"Resident representative" means:
[Empty]
A court-appointed guardian or conservator of a resident, if any;
An individual otherwise authorized by state or federal law including, but not limited to, agents under power of attorney, representative payees, and other fiduciaries, to act on behalf of the resident in order to support the resident in decision making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications; or
If there is no individual who meets the criteria under (a)(i) or (ii) of this subsection, an individual chosen by the resident to act on behalf of the resident in order to support the resident in decision making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications.
The term "resident representative" does not include any individual described in (a) of this subsection who is affiliated with any long-term care facility or nursing home where the resident resides, or its licensee or management company, unless the affiliated individual is a family member of the resident.
Chapter 70.129 RCW applies to this chapter and persons regulated under this chapter.
Chapter 70.129 RCW applies to this chapter and persons regulated under this chapter.
Chapter 70.129 RCW applies to this chapter and persons regulated under this chapter.
Chapter 70.129 RCW applies to this chapter and persons regulated under this chapter.