Current through Register Vol. 18, September 20, 2024
(1) The swing-bed
hospital must be in substantial compliance with the requirements set forth in
this rule pertaining to resident rights.
(2) A provider must protect and promote the
rights of each resident, including each of the following rights:
(a) The resident has a right to a dignified
existence, self-determination, and communication with and access to persons and
services inside and outside the provider's facility.
(b) The resident has the right to be fully
informed of the resident's total health status, including but not limited to
medical condition, in language that the resident can understand.
(c) The resident has the right to refuse
treatment, to refuse to participate in experimental research, and to formulate
an advance directive as specified in
42 CFR 483.10 (b)
(8). The department adopts and incorporates by reference
42 CFR 483.10 (b)
(8). A copy of
42 CFR 483.10 (b)
(8) may be obtained from the Department of Public Health and Human Services,
Senior and Long Term Care Division, 111 N. Sanders, PO Box 4210, Helena, MT
59604-4210.
(3) Each
resident who is entitled to medicaid benefits has a right to be informed by the
provider in writing, at the time of admission to the swing-bed or, when the
resident becomes eligible for medicaid of:
(a) the items and services that are included
in the swing-bed per diem rate for which the resident may not be charged, i.e.,
those items included in nursing facility services under ARM
37.40.302(14) or
ancillary services under ARM
37.40.330(1);
and
(b) those other items and
services that the provider offers and for which the resident may be charged,
and the amount of charges for those services; and
(c) changes made to the items and services
specified in (3) (a) and (b).
(4) The resident has the right to:
(a) choose a personal attending
physician;
(b) be fully informed in
advance about care and treatment and of any changes in that care or treatment
that may affect the resident's well being; and
(c) unless adjudged incompetent or otherwise
found to be incapacitated under state law, participate in planning care and
treatment or changes in care and treatment.
(5) The resident has the right to personal
privacy and confidentiality of personal and clinical records.
(a) Personal privacy includes accommodations,
medical treatment, written and telephone communications, personal care, visits,
and meetings of family and resident groups. The right of personal privacy does
not require the provider to provide a private room for each resident.
(b) The resident may approve or refuse the
release of personal and clinical records to any individual outside the
facility, except when the resident is transferred to another health care
institution or record release is required by law.
(6) The resident has the right to:
(a) refuse to perform services for the
facility;
(b) perform services for
the facility, if the resident chooses, when:
(i) the facility has documented in the plan
of care the need or desire for work;
(ii) the plan specifies the nature of the
services performed and whether the services are voluntary or paid;
(iii) compensation for paid services is at or
above prevailing rates; and
(iv)
the resident agrees to the work arrangement described in the plan of
care.
(7) The
resident has the right to privacy in written communications, including the
right to:
(a) send and promptly receive mail
that is unopened; and
(b) have
access to stationery, postage, and writing implements at the resident's own
expense.
(8) The
resident has the right to see, and the facility must provide immediate access
to any resident by, the following:
(a)
subject to the resident's right to deny or withdraw consent at any time,
immediate family or other relatives of the resident; and
(b) subject to reasonable restrictions and
the resident's right to deny or withdraw consent at any time, others who are
visiting with the consent of the resident.
(9) The resident has the right to retain and
use personal
possessions, including some furnishings and appropriate
clothing, as space permits, unless to do so would infringe upon the rights or
health and safety of other residents.
(10) The resident has the right to share a
room with a spouse when married residents live in the same facility and both
spouses consent to the arrangement.
(11) The resident has the right to be free
from any physical or chemical restraints imposed for purposes of discipline or
convenience, and not required to treat the resident's medical
symptoms.
(12) The resident has the
right to be free from verbal, sexual, physical, and mental abuse, corporal
punishment, and involuntary seclusion.
(13) The resident has the right to be
informed in writing of the policies and procedures developed by the facility
pursuant to ARM
37.40.408.
Sec.
53-6-113,
MCA; IMP, Sec.
53-6-101
and
53-6-113,
MCA;
