Legal Counsel for Long-Term Care

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, Washington State Plan on Aging, 2023-2027, pp.3-8, available at: WA State Plan on Aging.

Long-Term Care Intake Line Is Now Live

The phone number for the new Intake Line is (888) 437-0017

Calls are answered Monday through Friday between 9 a.m.–12 p.m. and 1 p.m.–4 p.m. Or callers can leave a voicemail anytime for a call back with one business day. You can also reach out to the program via online intake form here: https://disabilityrightswa.org/ltcrr-intake-form/

The Intake Line is operated by Disability Rights Washington Resident's Rights Program.

Residents, family members, providers, and supportive individuals may contact the program to ask questions or request assistance. A printable resident contact sheet intended for residents and their supports is available here: Resident Contact Sheet

Overview

OCLA administers the statewide Legal Counsel for Long-Term Care (LTC) Program through contacts with legal service providers, 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.

A launch forum was hosted on 12/3/2025; a launch summaryrecording of the meeting and it's slides are available now.

Program History

In June 2024, the Centers for Medicare & Medicaid Services (CMS) determined Washington needed additional protections to comply 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) has amended 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 developed 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, shelter stays, and other destabilizing settings where residents lack adequate supports.
  • Promote safe transitions between care settings.

Beginning January 1st, 2026, Medicaid-recipient residents must receive information about available legal resources when facing discharge or transfer, and this program serves as the primary access point for those services.

Following extensive planning and stakeholder engagement, and in coordination with related rule changes, the Legal Counsel for LTC Program officially launched and began providing services on January 5, 2026.

Implementation Details

Services Available

Services are coordinated through a centralized intake and screening line and may include the following depending on eligibility and program capacity:

Full Legal Representation:

In certain cases, eligible residents may receive full legal representation related to discharge or transfer issues. Representation may include assistance in administrative appeals, out-of-court negotiations, or representations in eviction court proceedings if a case is filed.

Full representation focuses on addressing discharge or transfer disputes though appropriate legal processes, with an emphasis on clarifying requirements, supporting lawful process, and resolving issues before they escalate.

Advice and Technical Assistance:

Many residents will receive legal advice and technical assistance without full representation. This may include:

  • Information about residents’ rights related to discharge or transfer
  • Help understanding notices, timelines and appeals process
  • Assistance understanding available legal options and next steps

Self-Advocacy Resources:

All eligible callers will receive  information and self-advocacy resources to support understanding of the legal process and options, even if full representation is not available.

This program does not cover nursing facilities, group homes, or supported living settings. Residents in such facility types may refer to other available resources found on OCLA’s Find Legal Help page: Find Legal Help | Office of Civil Legal Aid

Who Is Eligible

Residents who live in or were recently removed (within the past 60 days) from an AFH, ALF, or ESF in Washington State and are Medicaid (AppleHealth)-eligible. Also, one of the of the following has occurred:

  • Resident received a notice of discharge or transfer, or
  • Resident was discharged or transferred, or told they could not return, without receiving a required notice.

If a resident is unsure whether they are eligible for the program, they are encouraged to contact the Long-Term Care Residents Rights Program intake line at (888) 437-0017

Interpreter services and reasonable accommodations are available for individuals who need them when contacting the program.

Supportive individuals, including family, friends, guardians, ombuds, social workers providers, or other trusted supports, are welcome to assist residents in making initial contact with the program or participating in the intake process, when appropriate.

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.

Services are accessible and trauma-informed—designed to meet cultural, linguistic, and disability-related needs, working in partnership with ombuds programs and community organizations.

To make sure our services reflect real-life needs of residents, OCLA convened an ongoing 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 helps shape how the program works and evolves to make sure it serves those who need it most.

We are committed to 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.