July 17, 2014
ALTSA: ALF #2014-006
LONG-TERM CARE OMBUDS ACCESS TO RESIDENT INFORMATION & RECORDS
Dear Assisted Living Facility Administrator:
This supersedes ADSA: BH #2008-022 – Ombudsman Access to Residents & Resident Records.
Residential Care Services is pleased to work in partnership with providers and the State Long-Term Care Ombuds Program (Ombuds Program) in order to promote and protect the rights, security, and well-being of the residents living in assisted living facilities. To that end, I am pleased to provide a friendly reminder of the role of the Ombuds, as required by the federal Older Americans Act, the Revised Code of Washington (RCW), and the Washington Administrative Code (WAC).
Access to Residents
- Residents have the right to unrestricted private visits from the Ombuds at all times. RCW 70.129.090; WAC 365-18-100; WAC 388-78A-2660.
- Facilities must provide privacy during visits to allow the Ombuds to perform his or her legally required duties. WAC 365-18-080(3); WAC 365-18-100(3).
Access to Residents' Representatives and Family Members
- The Ombuds has several duties that require active outreach and access to residents and residents' representatives or family members. When requested, facilities must give contact information for residents' representatives to the Ombuds. WAC 365-18-060.
Access to Records
- The Ombuds has the right to access and copy a resident's confidential records when:
- The resident or the resident's representative consents;
- The resident is unable to consent and does not have a representative; or
- The resident's representative refuses access, the Ombuds reasonably believes that the representative is not acting in the resident's best interest, WAC 365-18-100(5).
- The Ombuds has the right to access and copy facility/home records and policies that the residents and the general public have access to review and copy. WAC 365-18-100(5).
Interference Not Allowed
- Facilities must not interfere with the Ombuds' performance of duties or the Ombuds' private access to residents. RCW 18.20.185(7).
- Residents' representatives, including guardians, family members, and holders of powers of attorney, must not interfere with the Ombuds' private access to residents. WAC 365-18-100(4).
If you have any questions about the Ombuds Program, feel free to contact your local Ombuds Program representative or RCS Field Manager.
Sincerely,
Carl I. Walters II., Director
Residential Care Services