AGING AND DISABILITY SERVICES ADMINISTRATION

November 28, 2003

ADSA: BH #2003-024
PROVIDING RESIDENTS WITH INFORMATION ON LEGAL RIGHTS & ADVANCE DIRECTIVES

Dear Boarding Home Provider:

This is to inform you that effective immediately, the publication, Your Legal Right to Make Decisions About Health Care & Advance Directives in Washington State , will no longer be available to order in hard copy. However, you will still be able to make copies by accessing it online at http://www.aasa.dshs.wa.gov/Library/publications/ . Scroll down until you see the title of the publication. This publication continues to be offered online in English, Cambodian, Korean, Laotian, Russian, Spanish, and Vietnamese.

Regulatory Requirements :

The advance directive laws in Washington state have not changed. State law RCW 70.129.030 (1) requires the boarding home to inform the resident both orally and in writing in a language that the resident understands of his or her rights. WAC 388-78A-055 (1)(r) requires the boarding home to establish and observe written policies and procedures consistent with the chapter and services provided, which include advance directives as described in chapter 70.122 RCW, Natural Death Act. You are required by law to provide Washington state information on advance directives to new admissions, regardless of payment status. (Current residents should have already received this information when admitted to your facility.)

Many of you may have prepared your own materials to address this requirement. For those of you who have opted to use department-supplied material, you may continue to do so but you will be responsible for making your own copies.

I encourage you to contact your RCS Field Manager or licensor if you have any questions about licensing requirements related to advance directives. If you have questions on your legal obligation to provide information regarding advance directives, please contact your legal representatives.

Sincerely,

Patricia K. Lashway, Director
Residential Care Services