What Are the Standards of Care in Washington Nursing Homes and Long-Term Care Facilities?
Nursing home and long-term care facility residents in Washington have the right to receive adequate and respectful care. Various laws, including Chapter 74.42 RCW of the Washington State Legislature, outline the standards of care that these facilities must adhere to. These regulations seek to ensure that residents are treated with dignity and that their rights are protected. If you believe that you or your loved one have not been receiving the appropriate standard of care in a Seattle nursing home, you should consult with a nursing home abuse and neglect lawyer right away.
Below are key standards of care that nursing homes and long-term care facilities in Washington must follow.
Treat residents with consideration and respect
All staff members are required to treat residents with “consideration, respect, and full recognition of their dignity and individuality.” Residents have the right to make complaints without fear of retaliation or discrimination. Those in charge of the facility must address the issues promptly and respectfully.
Give residents the opportunity to make their own medical decisions
Residents and their guardians should be informed and updated about their medical conditions unless it is deemed harmful by a doctor. Once providers update and inform the residents about their illnesses or injuries, they must have the opportunity to make their own decisions regarding their care or treatment. When able to make such decisions, residents should also be allowed to refuse treatment.
Give residents the opportunity to manage their own finances
The resident or their guardian should be responsible for managing the resident’s finances. The only time that a nursing home or long-term care facility should assist a resident with their finances is if the resident asks for help. There must be written documentation showing that the resident asked for assistance with their finances.
Refrain from discriminating against any residents who are on Medicaid
Residents who receive Medicaid should not be discriminated against. Facilities and providers should be treating these patients like every other resident regardless of how they are paying for their long-term treatment and care.
Ensure that residents receive privacy
Residents should always be given privacy when receiving treatment and care. Facilities should also be providing privacy when a resident’s partner or spouse visits.
Make sure all residents’ records are confidential
Nursing homes and long-term care facilities are required to keep records about each resident. These records must remain confidential. Nothing on a resident’s records can be released unless the resident or their guardian gives written consent.
Give residents the freedom to choose who they socialize with
Residents should have the freedom to meet, communicate, and talk to whomever they want. They can also participate in the religious, social, or community groups of their choice.
Follow all recommendations and guidelines provided by a physician
Physicians will create and prescribe a plan of care, which may include medications, treatment, and diet recommendations and guidelines. Nursing homes and long-term care facilities must follow this plan of care and comply with all recommendations and guidelines that the resident’s physician prescribes.
Develop a plan of care for every resident
The nursing home staff should also develop a plan of care for every resident. This plan should be documented and kept on file. It should list goals, treatments, activities, and therapies that the resident should participate in, as well as which staff members will help the resident carry out these tasks. The plan of care should be reviewed quarterly to see if anything needs to be changed or updated.
Ensure that the resident receives the best quality of care possible
Each resident must receive the best quality of care possible. This includes nursing care, rehabilitative services, and social services. The objective is to “help each resident to achieve and maintain the highest possible degree of function, self-care, and independence.”
Offer programs that encourage residents to return to self-care and participate in normal activities
Nursing homes and long-term care facilities are required to offer programs that encourage residents to return to self-care and participate in normal activities. For example, there may be crafts, exercise, bingo, book club, musical events, yoga, art, baking, and holiday programs for the residents to join in.
Have a licensed pharmacist on-site or have an agreement in place with a licensed pharmacist
Nursing homes and long-term care facilities must either have a licensed pharmacist on-site or have a written agreement in place with a licensed pharmacist. This requirement should ensure that each resident receives the proper medications. The pharmacist will oversee ordering, providing, storing, disposing, and recordkeeping of medications given to the residents.
Offer educational programs to teach residents how to take medications themselves
Nursing homes and long-term care facilities must offer educational programs to teach residents how to give medications to themselves. If residents are allowed to administer medications to themselves, they must participate in educational programs to learn how to do so.
Only provide medications that a doctor, nurse, or pharmacist prescribes
Residents should only be given medications that a doctor, nurse, or pharmacist prescribes. This means that the staff physician or other qualified practitioner should also ensure that they order and document all medications. Only staff members who hold a license to administer medications can provide medications to residents. With the physician’s permission, the residents may be allowed to give themselves their own medications.
Store all medications at the proper temperature, light, condition, and security
Facilities must store medications at the proper temperature, light, and conditions and under appropriate security. It is very important that medications do not get mixed up, as they should only go to the resident who received the prescription. In addition, when residents are done taking certain medications, the facility should dispose of them properly. If the resident experiences any allergic reactions to medications, the reactions should be documented and reported to the doctor right away.
Serve at least three meals each day during normal mealtimes
All residents should receive at least three meals each day during normal mealtimes. Residents should not have to wait more than 14 hours between their evening and breakfast meals. In addition, all meals should comply with state and local food regulations, which means they must be properly stored, prepared, transported, and heated.
Meet each resident’s nutritional needs
The staff members responsible for managing the residents’ nutritional needs are required to create menus. The menus must follow the doctor’s orders, meet the resident’s nutritional needs, and offer a variety of food choices. If a resident is placed on a special diet, the menus must consist of meals that fit the new diet.
Make sure all residents’ laundry and linens are clean and comfortable
Nursing homes and long-term care facilities must make sure that all residents’ laundry and linens are clean, comfortable, and available daily. This means that the facility must wash and change the residents’ clothes and linens frequently.
Provide a communication system for residents to use
Residents should have access to a communication system, which includes a telephone service that they can use to make calls. They should also be allowed to send and receive mail.
Follow the facility capacity limits
Every nursing home and long-term care facility has a capacity limit. Therefore, they cannot continue to admit residents after they have reached their capacity limit. This ensures that they can “provide adequate treatment, therapy, and activities” to residents.
Follow all federal, state, and local laws
When it comes to overall safety and health, nursing homes and long-term care facilities are required to follow federal, state, and local laws and meet the standards created in all codes, regulations, and rules. This means that the facilities must consider all laws and regulations in Seattle, the state of Washington, and the United States before deciding to do something that could affect a resident’s health or safety.
All Seattle nursing home and long-term care facility residents are entitled to the above-mentioned standards of care. If you suspect that your loved one’s rights are being violated or that they are not receiving the standards of care that they deserve in a nursing home, consider speaking with a Seattle nursing home abuse and neglect attorney from Smith McBroom at your earliest convenience. Our team will listen to your experience, investigate, inform you of your rights, and help you file a claim for damages. Please call our office or complete our contact form to schedule a free case review in Tukwila today. We look forward to meeting with you and advocating for your or your loved one’s rights.