Resident Rights

WAC 388-78A-2660  Resident rights.  The assisted living facility must:

  • Comply with chapter 70.129 RCW, Long-term care resident rights;
  • Ensure all staff persons provide care and services to each resident consistent with chapter 70.129 RCW;
  • Not use restraints on any resident;
  • Promote and protect the residents’ exercise of all rights granted under chapter 70.129 RCW;
  • Provide care and services to each resident in compliance with applicable state statutes related to substitute health care decision making, including chapters 7.70, 70.122, 11.88, 11.92, and 11.94 RCW;
  • Reasonably accommodate residents consistent with applicable state and/or federal law; and
  • Not allow any staff person to abuse or neglect any resident.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2660, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090. WSR 06-01-047, § 388-78A-2660, filed 12/15/05, effective 1/15/06. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065, § 388-78A-2660, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2665  Resident rights—Notice—Policy on accepting medicaid as a payment source.  The assisted living facility must fully disclose the facility’s policy on accepting medicaid payments. The policy must:

  • Clearly state the circumstances under which the assisted liv-ing facility provides care for medicaid eligible residents and for residents who become eligible for medicaid after admission;
  • Be provided both orally and in writing in a language that the resident understands;
  • Be provided to prospective residents, before they are admit-ted to the home;
  • Be provided to any current residents who were admitted before this requirement took effect or who did not receive copies prior to admission;
  • Be written on a page that is separate from other documents and be written in a type font that is at least fourteen point; and
  • Be signed and dated by the resident and be kept in the resi-dent record after signature.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2665, filed 6/18/13, effective 7/19/13; WSR 10-03-066, §

388-78A-2665, filed 1/15/10, effective 2/15/10.]

WAC 388-78A-2670  Services by resident for assisted living facility.  If a resident performs services for the assisted living facility, the assisted living facility must ensure:

  • The resident freely volunteers to perform the services with-out coercion or pressure from staff persons;
  • The resident performing services does not supervise, or is not placed in charge of, other residents; and
  • If the resident regularly performs voluntary services for the benefit of the assisted living facility, the volunteer activity is addressed in the resident’s negotiated service agreement.

[Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2670, filed 6/18/13, effective 7/19/13. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20 RCW. WSR 04-16-065,

  • 388-78A-2670, filed 7/30/04, effective 9/1/04.]

WAC 388-78A-2680  Electronic monitoring equipment—Audio monitoring and video monitoring.  (1) Except as provided in this section or in WAC 388-78A-2690, the assisted living facility must not use the following in the facility or on the premises:

  • Audio monitoring equipment; or
  • Video monitoring equipment if it includes an audio component.

(2) The assisted living facility may video monitor and video record activities in the facility or on the premises, without an audio component, only in the following areas:

(a) Entrances, exits, and elevators as long as the cameras are:

(i) Focused only on the entrance or exit doorways; and (ii) Not focused on areas where residents gather.

  • Areas used exclusively by staff persons such as, medication preparation and storage areas or food preparation areas, if residents do not go into these areas;
  • Outdoor areas accessible to both residents and the public, such as, but not limited to, parking lots, provided that the purpose of such monitoring is to prevent theft, property damage, or other crime on the premises.
  • Outdoor areas not commonly used by residents, such as, but not limited to, delivery areas, emergency exits, or exits from a secured outdoor space for memory care;
  • Resident fitness centers and pool areas; and
  • Designated smoking areas, subject to the following condi-tions:
  • Residents have been assessed as needing supervision for smok-ing;
  • A staff person watches the video monitor at any time the area is used by such residents;
  • The video camera is clearly visible;
  • The video monitor is not viewable by general public; and
  • The facility notifies all residents in writing of the use of video monitoring equipment.

(3) The assisted living facility may only video record community activities in the facility or on the premises with the audio component when the following are met:

  • A resident requests an activity be recorded;
  • A sign is posted at the entry to the activity area in which the event occurs and at the time of the event, to notify residents of the video, audio recording, or both; and
  • The facility notifies all residents in writing for each use of video and audio monitoring equipment, providing that the residents’ likeness will not be used in promotional materials without their written consent.

(4) The presence of cameras must not alter the obligation of the assisted living facility to provide appropriate in-person assistance and monitoring due to individual physical or cognitive limitations.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-02-104, § 388-78A-2680, filed 12/31/19, effective 1/31/20. Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2680, filed 6/18/13, effective 7/19/13. Statutory Authority: Chapters 18.20 and 74.34 RCW. WSR 09-01-052, § 388-78A-2680, filed 12/10/08, effective 1/10/09. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20

RCW. WSR 04-16-065, § 388-78A-2680, filed 7/30/04, effective 9/1/04.] WAC 388-78A-2690  Electronic monitoring equipment—Resident requested use.  (1) Audio or video monitoring equipment may not be installed in the assisted living facility to monitor any resident apartment or sleeping area unless the resident or the residents’ representative has requested and consents to the monitoring.

  • Electronic monitoring equipment must be installed in a manner that is safe for residents.
  • A facility must not refuse to admit an individual, or dis-charge a resident, because of a request to conduct authorized electronic monitoring.
  • A resident may limit his or her consent for use of electronic monitoring devices to specific times or situation, pointing the camera in a particular direction, or prohibiting the use of certain devices.
  • The release of audio or video monitoring recordings by the facility is prohibited. Each person or organization with access to the electronic monitoring must be identified in the resident’s negotiated service agreement.
  • If the resident requests the assisted living facility to con-duct audio or video monitoring of his or her apartment or sleeping area, before any electronic monitoring occurs, the assisted living facility must ensure:
  • That the electronic monitoring does not violate chapter 9.73

RCW;

  • The resident’s roommate has provided written consent to elec-tronic monitoring, if the resident has a roommate; and
  • The resident and the assisted living facility have agreed upon a specific duration for the electronic monitoring and the agreement is documented in writing.
  • The assisted living facility must:
  • Reevaluate the need for the electronic monitoring with the resident at least quarterly; and
  • Have each reevaluation in writing, signed and dated by the resident.
  • The assisted living facility must immediately stop electronic monitoring if the:
  • Resident no longer wants electronic monitoring;
  • Roommate objects or withdraws the consent to the electronic monitoring; or
  • The resident becomes unable to give consent, unless consent has been provided by a resident’s representative as described in this section.
  • For the purpose of consenting to video electronic monitoring without an audio component, the term “resident” includes the resident’s representative.
  • For the purposes of consenting to any audio electronic moni-toring, the term “resident” includes:
  • The individual residing in the assisted living facility; or
  • The resident’s court-appointed guardian or attorney-in-fact who has obtained a court order specifically authorizing the court-appointed guardian or attorney-in-fact to consent to electronic monitoring of the resident.
  • If a resident’s decision maker consents to audio electronic monitoring as specified in (10) above, the assisted living facility must maintain a copy of the court order authorizing such consent in the resident’s record.
  • If the assisted living facility determines that a resident, resident’s family, or other third party is electronically monitoring a resident’s room or apartment without complying with the requirements of this section, the assisted living facility must disconnect or remove such equipment until the appropriate consent is obtained and notice given as required by this section.
  • Nothing in this section prohibits or limits an assisted liv-ing facility from implementing electronic monitoring pursuant to a resident’s negotiated service plan, including but not limited to motion sensor alerts, floor pressure sensors, or global positioning devices, where the monitoring does not entail the transmittal or recording of a human-viewable image, sound or resident name.

[Statutory Authority: Chapters 18.20 and 74.39A RCW. WSR 20-02-104, § 388-78A-2690, filed 12/31/19, effective 1/31/20. Statutory Authority: Chapter 18.20 RCW. WSR 13-13-063, § 388-78A-2690, filed 6/18/13, effective 7/19/13. Statutory Authority: Chapters 18.20 and 74.34 RCW. WSR 09-01-052, § 388-78A-2690, filed 12/10/08, effective 1/10/09. Statutory Authority: RCW 18.20.090 (2004 c 142 § 19) and chapter 18.20

RCW. WSR 04-16-065, § 388-78A-2690, filed 7/30/04, effective 9/1/04.]