May 14, 2012
ADSA: AFH #2012-008
ADMISSION CONTRACTS AND AGREEMENTS
Dear Adult Family Home Provider:
In the past few months, we have received questions on admission contracts or agreements. The purpose of this letter is to remind you of the requirements and provide guidance on this issue.
The admission contract or agreement is very important to residents and of great interest to the State Long-term Care Ombudsman. Over the years, the Ombudsman office has worked with the legislature to develop and strengthen requirements within the resident rights statute, chapter 70.129 Revised Code of Washington (RCW).
Some basic facts about chapter 70.129 RCW requirements:
- The Department has the authority and responsibility to review any of these documents to determine if they meet the relevant statutes.
- The resident rights statute does not require the applicant/provider to have admission contracts or agreements. An applicant/provider may decide not to have admission contracts or agreements.
- If applicants/ providers choose to have an admission contract or agreement, chapter 70.129 RCW does require that the documents meet all of the requirements of the chapter.
- Whether or not there is an admission contract or agreement, the applicant/provider still has to provide residents with all of the notices and policies required throughout chapter 70.129 RCW, in writing and in language the resident understands.
In the early 2000s, the Department held several meetings with interested parties to review the admission contract or agreement requirements. They developed sample documents for Medicaid payers and for Private Pay, which are now very out of date.
The Department is considering the need to reconvene a workgroup to address admission contracts and agreements to develop standardized documents that meet statutory requirements, can be easily read and understood by residents, and can be used by anyone who chooses to have such a contract or agreement.
Please review the statute online at http://apps.leg.wa.gov/rcw/default.aspx?cite=70.129 for the requirements. Contact your RCS Field Manager if you have any questions.
Thank you for your attention to this matter that is so important for residents.
Sincerely,
Joyce Pashley Stockwell, Director
Residential Care Services