Beginning January 5, 2026 (subject to funding and implementation timelines), residents, legal guardians, families, and facility staff will be able to reach the LTC program’s intake staff through the statewide discharge/transfer-screening line.
This page will be updated with contact information for the Long-Term-Care Discharge/Transfer screening line as soon as available.
Funding Available for Long-Term Care Program
The Office of Civil Legal Aid is soliciting Requests for Proposals (RFP) for Legal Counsel for Long-Term Care. Please click here for further details.
Overview
OCLA’s Legal Counsel for Long-Term Care (LTC) Program is being developed to provide legal assistance to Medicaid-eligible adults living in residential long-term care settings, specifically, Adult Family Homes (AFHs), Assisted Living Facilities (ALFs), and Enhanced Services Facilities (ESFs).
The program focuses on helping residents who face discharge or transfer to: understand their rights; access timely legal assistance; and avoid unsafe or unlawful removals. By providing residents with legal advice and representation, the program also helps reduce costly disruption in care: keeping residents connected to critical services and supporting stability across the long-term care system.
This statewide program will be administered by OCLA though contracts with legal services providers, with services beginning on January 5, 2026.
Did You Know?
A person turning 65 today will face a 70% chance of needing long-term care services at some point in their lives, while approximately 1 out of every 3 of those individuals will receive that care in a facility. U.S. Department of Health & Human Services, Administration for Community Living, How Much Care Will You Need?, 2020, available at: How Much Care Will You Need? | ACL Administration for Community Living.
Washington’s senior population is growing faster than ever. By 2030, 1 in 5 residents will be age 65 or older, and by 2050 the number of adults 85 an older is projected to quadruple. Washington state department of social and health services, 3-8 Washington State Plan on Aging, 2023-2027, available at: WA State Plan on Aging.
Program History
In June 2024, the Centers for Medicare & Medicaid Services (CMS) determined Washington was out of compliance with federal regulations because long-term care residents did not have a right to legal counsel during discharge that was comparable to the right to counsel low-income tenants have during eviction proceedings.
As a corrective measure, the Department of Social and Health Services (DSHS) is amending state rules to ensure that Medicaid-eligible residents of AFHs, ALFs, and ESFs have the right to legal counsel during the discharge or transfer process. At the request of DSHS, and due to OCLA’s expertise in administering right-to-counsel programs, OCLA is developing this program to provide services consistent with this rule change.
By implementing these protections, The LTC Program aims to:
- Support residents to remain safely housed and maintain their access to necessary care;
- Reduce avoidable hospitalizations and discharges to shelters or other unsafe locations; and
- Promote safe transitions between care settings.
Implementation Details
Eligibility
When fully operational, the LTC program will serve Medicaid-eligible adults living in AFHs, ALFs, and ESFs who are experiencing discharge or transfer.
Because resources are limited, certain situation will be prioritized for legal consultation and direct representation. Additional information will be provided here when the program becomes operational.
Planned Services
Through a statewide network of legal aid providers, the program is expected to provide:
- Centralized Intake & Screening: An intake system to evaluate eligibility, identify urgent needs, and connect residents with services.
- Direct Legal Representation: Attorneys will receive case referrals from the centralized intake and screening line and will provide additional services depending on resident need, including legal advice, negotiation, administrative hearing representation, and Unlawful Detainer defense for residents facing removal.
- Accessible, Trauma-Informed Support Services are designed to meet cultural, linguistic, and disability-related needs, working in partnership with ombuds programs and community organizations.
Equity and Expert Perspective
While services depend on available funding, the Legal Counsel for Long-Term Care Program is built to reach as many people as possible.
Because the people the program will serve are often among the most at-risk—including older adults, people with disabilities, and those living on low incomes—the program expects to reach communities who have historically had the least access to legal help.
To make sure our services reflect real-life needs of residents, we will bring together an Expert Advisory Panel composed of experts in the fields of long-term care, Medicaid, and legal services, as well as people with direct experience with long-term care. Their insight will help shape how the program works and evolves to make sure it serves those who need it most.
We are committed making services available that are culturally respectful, accessible, and responsive to individual needs, so residents served by the program can meaningfully participate in decisions about their care and housing.