Waiver of Liability/Rights & Required Duration of Stay Agreement: Dear AL Provider Letter Issued

DSHS/ALTSA reminds Assisted Living providers of the laws and regulations surrounding the issue of resident waivers. 

They have recently "been made aware of situations where a resident was asked, incorrectly, to sign a waiver of liability or waiver of rights.  In one situation, the waiver was requested before a provider refunded the resident's money and in another situation, a resident was asked to sign a waiver indicating the resident did not want to receive a specific service. 

We have also heard of providers requiring prospective Medicaid residents to pay a private rate for a minimum period of time as a condition of admission or continued stay in the home."

Please note: LeadingAge Washington will be bringing our concerns with this interpretation to the Department for further discussion, as the law cited in the Dear Provider letter is a law that only binds the facility to 'grandfathering' certain Medicaid residents when the facility voluntarily terminates their participation in Medicaid.  As such, the law cited speaks to a different set of facts than the minimum private pay stay concern noted in the opening paragraph of the letter. 

For information, contact Julie Martin.