Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES
Section 11-89-13 - Residents' rights

(1) Be fully informed both orally and in writing, in the language the resident understands, prior to or at the time of admission, of their rights and of all rules governing resident conduct. There shall be documentation signed by the resident or resident's legal guardian that they have been informed of their rights and have been provided a written description of such rights;

(2) Be fully informed, prior to or at the time of admission, and during stay, of services available in or through the facility and of any related charges, changes thereto, including any charges for services not covered by the facility's basic per diem rate, or any changes thereto;

(3) Be given advance notice of not less than four weeks, of transfer or discharges, except in an emergency;

(4) Be encouraged and assisted to exercise the resident's rights, such as voicing grievances and recommending changes in policies and services to staff or outside representatives of the resident's choice, without fear of retaliation, restraint, interference, coercion, discrimination or reprisal. All residents shall be provided with the address and phone number of the State long-term care ombudsman;

(5) Be informed of the conditions under which the facility may manage the resident's personal financial affairs as detailed in § 11-89-20;

(6) Be free from humiliation, harassment, threats, and chemical or physical restraints. Physical restraints may be used only in an emergency when necessary to protect the resident from injury to self or to others. In such a situation the resident's physician shall be notified as soon as possible and orders obtained for the care of the resident shall be followed;

(7) Have their personal and medical records kept confidential and subject to release only as provided in § 11-89-18(f);

(8) Be treated with understanding, respect, and full consideration of the resident's dignity and individuality, including privacy in treatment and in care of the resident's personal needs;

(9) Not be required to perform services for the facility, its caregiver or staff unless agreed to by the resident and the interdisciplinary team. All services shall be noted in the resident's chart;

(10) Associate and communicate privately with persons of the resident's choice, send and receive personal mail unopened, and to have reasonable access to a phone;

(11) Meet with and participate in activities of social, religious, and community groups at the resident's discretion;

(12) Retain and use personal age-appropriate, clean and fashionable clothing and possessions as space permits, unless to do so would:

(13) Be assured of privacy for visits by the spouse, and if both are residents in the home, be permitted to share a room if agreeable to both;

(14) Have daily visiting hours and provisions for privacy established;

(15) Reject living in a particular facility;

(16) Live in a normal, clean, and comfortable environment with age-appropriate, aesthetic and adequate furniture and equipment;

(17) Not suffer dietary restrictions as punishment;

(18) Have a right to locked storage space;

(19) Be free from mental, sexual, physical, and verbal abuse, financial exploitation, or neglect;

(20) Manage their personal funds and be informed in writing when there is a change in the resident's personal allowance; and

(21) Be informed of who is the resident's case manager.