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What is the difference between assisted living and a nursing home in Washington?

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In Washington, a nursing home is licensed under chapter 18.51 RCW to provide medical and nursing care and must have a licensed nurse in charge on every shift, with a registered nurse on duty at least 16 hours a day and around the clock in most homes with more than 60 beds. An assisted living facility is licensed under chapter 18.20 RCW to provide housing and help with daily activities, no rule requires a nurse on site, and it may not keep a resident who needs frequent registered nurse evaluation. Adult family homes, licensed under chapter 70.128 RCW, are a third option: private houses caring for two to six adults.

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

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How Washington licenses each setting

The Department of Social and Health Services (DSHS) licenses all three, each under its own law.

Level of care and nurse staffing

Under WAC 388-97-1080 and RCW 74.42.360, every nursing home must have a registered nurse (RN) as full-time director of nursing and an RN or licensed practical nurse (LPN) in charge on each shift. An RN must be on duty at least 16 hours a day. Homes with more than 60 licensed beds must have an RN on duty around the clock, unless the home is the only nursing home within a 40-minute drive or DSHS grants a limited exception. RCW 74.42.360 also requires at least 3.4 hours of direct care per resident per day.

The assisted living staffing rule, WAC 388-78A-2450, requires enough trained staff and at least one caregiver with current CPR and first-aid cards present at all times, but no nurse on duty. Nursing services are optional under WAC 388-78A-2310, and RCW 18.20.160 bars a facility from keeping someone who needs the frequent presence and evaluation of an RN.

Side-by-side comparison

Assisted living facilityNursing homeAdult family home
License lawRCW 18.20; WAC 388-78ARCW 18.51; WAC 388-97RCW 70.128; WAC 388-76
SizeUsually 7 or more residents3 or more patients2 to 6 residents (8 with approval)
Nurse on dutyNot requiredRN at least 16 hours a day; 24/7 in most homes over 60 bedsNot required
State inspectionAt least every 18 months (24 with a clean record)Standard survey within 15 monthsAt least every 18 months (24 with a clean record)
Medicare paysNoShort-term skilled care onlyNo
Medicaid paysCOPES, if DSHS-contractedYes, if Medicaid-certifiedCOPES, if DSHS-contracted

Who inspects, and how to read the reports

DSHS Residential Care Services inspects all three settings. Assisted living facilities and adult family homes must be inspected at least every 18 months, with a 15-month average, under RCW 18.20.110 and RCW 70.128.070. DSHS may wait up to 24 months after three clean inspections. Nursing homes get a federal standard survey within 15 months of the last one under 42 C.F.R. § 488.308.

To see a facility’s record, search the DSHS nursing home, assisted living or adult family home locator and open its reports page. It lists inspections, complaint investigations and enforcement letters by month.

Residents’ rights and payment

Assisted living and adult family home residents have the rights in chapter 70.129 RCW. Nursing home residents are covered mainly by federal law at 42 C.F.R. § 483.10, plus the parts of chapter 70.129 that RCW 18.51.009 applies to nursing homes.

Medicare generally pays for a short skilled nursing facility stay only after an inpatient hospital stay of at least three days in a row, and it does not pay for long-term custodial care in any setting. Our Medicare and nursing home FAQ has details. Washington Medicaid pays for nursing home care, and its COPES waiver can pay for care in an assisted living facility or adult family home that contracts with DSHS, for a person who meets nursing-facility level of care under WAC 388-106-0310.

When something goes wrong

The Abuse of Vulnerable Adults Act covers all three settings. RCW 74.34.200 lets a resident who was abused, neglected, abandoned or financially exploited in a facility sue for damages, and a plaintiff who proves the claim also recovers costs and reasonable attorney fees. Whether a claim succeeds depends on its facts and evidence. Under RCW 74.34.035, facility staff and operators must report suspected abuse or neglect to DSHS immediately, and to police when sexual or physical assault is suspected.

Many injury and abuse claims have a three-year deadline under RCW 4.16.080(2), but the deadline that applies depends on the claim. Health care negligence, such as a nursing error, falls under RCW 4.16.350: three years from the act or one year from discovery, whichever is later, with an eight-year outer limit in most cases. If a resident died, see our Washington wrongful death deadline FAQ.

What this means for your case

A resident with complex medical needs kept in assisted living may point to a problem under RCW 18.20.160.

  • Note the facility’s exact name and license type from the DSHS locator, and save its reports.
  • Ask for the care plan or negotiated service agreement, medication records and incident reports.
  • Photograph injuries and keep hospital records.
  • Report concerns to the DSHS Complaint Resolution Unit at 1-800-562-6078 or online. Call 911 in an emergency.

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Common questions

Can an assisted living facility keep my parent when their needs increase?

Not always. RCW 18.20.160 bars keeping a resident who needs frequent registered nurse evaluation, except for hospice care or a short illness expected to resolve within 14 days.

Does Medicare pay for assisted living in Washington?

No. Medicare does not pay for long-term custodial care. Medicaid’s COPES program may help if the facility contracts with DSHS.

Do memory care units have overnight staff?

Yes. WAC 388-78A-2450(3) requires a certified memory care facility or unit to keep awake caregiving staff 24 hours a day.

Does the vulnerable adult law apply to adult family homes?

Yes. RCW 74.34.020 defines a facility to include adult family homes, assisted living and nursing homes, so RCW 74.34.200 applies to all three.

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Related pages

Frequently asked questions · Washington injury lawyers · Seattle injury lawyer · Does Medicare pay for nursing home care? · How long does a nursing home lawsuit take? · Washington wrongful death deadline

Sources

  1. RCW 18.20 (assisted living facilities), chapter text
  2. RCW 18.20.020, assisted living facility definition
  3. RCW 18.20.110, assisted living inspection frequency
  4. RCW 18.20.160, residents needing frequent RN care
  5. WAC 388-78A, assisted living facility licensing rules
  6. WAC 388-78A-2450, assisted living staffing
  7. WAC 388-78A-2310, intermittent nursing services in assisted living
  8. RCW 18.51 (nursing homes), chapter text
  9. RCW 18.51.009, resident rights provisions applied to nursing homes
  10. WAC 388-97, nursing home licensing rules
  11. WAC 388-97-1080, nursing home nursing services and RN coverage
  12. RCW 74.42.360, nursing home minimum direct care staffing
  13. RCW 70.128 (adult family homes), chapter text
  14. RCW 70.128.010, adult family home definition
  15. RCW 70.128.070, adult family home inspection frequency
  16. WAC 388-76, adult family home licensing rules
  17. RCW 70.129, long-term care resident rights
  18. RCW 74.34.200, Abuse of Vulnerable Adults Act civil cause of action
  19. RCW 74.34.035, mandatory reporting of vulnerable adult abuse
  20. RCW 74.34.020, definitions including facility and mandated reporter
  21. RCW 4.16.080, three-year statute of limitations
  22. RCW 4.16.350, health care negligence statute of limitations
  23. WAC 388-106-0310, COPES eligibility
  24. 42 C.F.R. § 483.10, nursing facility resident rights (eCFR)
  25. 42 C.F.R. § 488.308, nursing facility survey frequency (eCFR)
  26. DSHS Nursing Home Locator, inspection and enforcement reports
  27. DSHS Assisted Living Facility Locator, inspection and enforcement reports
  28. DSHS Adult Family Home Locator, inspection and enforcement reports
  29. DSHS Residential Care Services
  30. DSHS, Long-Term Care Residential Options
  31. DSHS, Report Concerns Involving Vulnerable Adults
  32. Medicare.gov, Skilled nursing facility care coverage
  33. Medicare.gov, Long-term care coverage

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 7, 2026.

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