Decision guide
Where do I take this concern?
Is your loved one or another resident in danger right now, or hurt and not getting help?
This guide helps you choose where to take a concern. It does not decide whether a home broke a rule: licensing, DHCS and the Ombudsman each look into their own part, and the resident chooses what to do.
Step through it one question at a time: alwbeta.com/training/courses/rights-in-an-rcfe#decision-guide
Questions to ask
Questions worth asking
- To the home: May I have a copy of the signed personal rights form from her file?
- To the home: Where are the rights and the complaint poster posted, and where is the local Ombudsman's phone number?
- To the home: What is your policy on visits, and how can she get food outside mealtimes?
- To the home: When I raise a concern, who will answer me, and how?
- To the care coordinator: Does her ISP limit any of her rights? If so, why, and when will it be reviewed?
- To the care coordinator: How do I raise a concern about her ALW services, and how do I reach your supervisor?
- To the Ombudsman: Can you visit her, and will you keep what we tell you confidential?
- To Community Care Licensing: Can you keep my name from the home, and how will you tell me what you found?
Lesson 1
The rights list your loved one gets
When your loved one moves into a care home, the home must give a list of their rights. Many families sign it and never read it. This lesson helps you use that list. It gets you ready to answer one question when something feels wrong: is this one of their rights?
- Ask for the signed rights form (LIC 613C-2) from the file
- Look for the rights and the complaint poster near the entry
- Own things, own money, unopened mail, private calls
- Daily choices, a say in the care plan, yes or no to care
- No abuse, neglect, punishment or being locked in
- No paper can make a resident give up these rights
Lesson: alwbeta.com/training/courses/rights-in-an-rcfe#lesson-fam-rights-the-list
Lesson 2
Extra protections in ALW: visitors, food, schedule and a door that locks
If your loved one is in the Assisted Living Waiver (ALW), a federal rule adds protections in the home. They cover visitors, food, the daily schedule and a door they can lock. This lesson gets you ready to check a house rule against them, and to ask the right question if the home limits one.
- ALW homes follow a federal rule for home-like settings
- Own schedule, and food at any time
- Visitors they choose, at any time
- A room door they can lock; a choice of roommate; their own things
- A limit must be in the ISP, for a specific need, with consent
- Ask the care coordinator about any limit
Lesson: alwbeta.com/training/courses/rights-in-an-rcfe#lesson-fam-rights-alw-protections
Lesson 3
How to raise a concern, and who to call
When something is wrong, it helps to know where to go. Different offices handle different problems, and calling the right one saves time. This lesson gets you ready to decide where a concern goes: the home, the care coordinator, the state licensing office, the Ombudsman, or 911.
- In danger now: call 911
- The home: tell the administrator, in writing
- ALW services: the CCA; the CCA's coordination: DHCS
- Licensing complaints: 1-844-LET-US-NO (1-844-538-8766)
- Ombudsman hotline, 24 hours: 1-800-231-4024
- Ask the resident what they want; keep notes
Lesson: alwbeta.com/training/courses/rights-in-an-rcfe#lesson-fam-rights-raising-a-concern
Lesson 4
Speaking up without fear: protection from retaliation
Many families worry that a complaint will make things worse for their loved one. The rules speak to that worry. This lesson gets you ready to spot retaliation, which means being punished for speaking up, and to know what to do if it happens.
- No one may punish a resident for complaining
- Licensing keeps names in a complaint from the home, unless you ask
- Write down what was said, by whom and when
- Ask the resident what they want first
- Move-out threat after a complaint: call the Ombudsman
- Written notice: get legal help; do not sign in a hurry
Lesson: alwbeta.com/training/courses/rights-in-an-rcfe#lesson-fam-rights-no-retaliation