Current through Register Vol. 35, No. 6, March 26, 2024
All licensed facilities shall understand, protect and respect
the rights of all residents.
A. Prior
to admission to a facility, a resident and legal representative shall be given
a written description of the legal rights of the resident, translated into
another language, if necessary, to meet the resident's understanding.
B. If the resident has no legal
representative and is incapable of understanding his or her legal rights, a
written copy of the resident's legal rights shall be provided to the most
significant responsible party in the following order:
(1) the resident's spouse;
(2) significant other;
(3) any of the resident's adult
children;
(4) the resident's
parents;
(5) any relative the
resident has lived with for six or more months before admission;
(6) a person who has been caring for, or
paying benefits on behalf of the resident;
(7) a placing agency;
(8) resident advocate; or
(9) the ombudsman.
C. The resident rights shall be posted in a
conspicuous public place in the facility and shall include the telephone
numbers for the incident management hotline and for the state ombudsman
program.
D. To protect resident
rights, the facility shall:
(1) treat all
residents with courtesy, respect, dignity and compassion;
(2) not discriminate in admission or services
based on gender, sexual orientation, resident's age, race, religion, physical
or mental disability, or nationality;
(3) provide residents written information
about all services provided by the facility and their costs and give advance
written notice of any changes;
(4)
provide residents with a safe and sanitary living environment;
(5) provide humane care for all
residents;
(6) provide the right to
privacy, including privacy during medical examinations, consultations and
treatment;
(7) protect the
confidentiality of the resident's medical record;
(8) protect the right to personal privacy,
including privacy in personal hygiene; privacy during visits with a spouse,
family member or other visitor; and privacy in the resident's own
room;
(9) protect the right to
communicate privately and freely with any person, including private telephone
conversations and private correspondence; and the right to receive visits from
family, friends, lawyers, ombudsmen and community organizations;
(10) prohibit the use of any and all physical
and chemical restraints;
(11)
ensure that residents:
(a) are free from
physical and emotional abuse neglect and misappropriation/or
exploitation;
(b) are free from
financial abuse and misappropriation by facility staff or management;
(c) are free to participate in religious,
social, community and other activities and freely associate with persons in and
out of the facility;
(d) are free
to leave the facility and return without unreasonable restriction;
(e) are given a fifteen (15) calendar day,
written notice before room transfers or discharge from the facility unless
there is immediate danger to self or others in the facility;
(f) have an environment that fosters social
interaction and avoids social isolation;
(g) or their surrogate decision makers, are
informed of and consent to the services provided by the facility;
(h) have the right to voice grievances to the
facility staff, public officials, the ombudsmen, any state agency, or any other
person, without fear of reprisal or retaliation;
(i) have the right to have their complaints
addressed within fourteen (14) calendar days or sooner;
(j) have the right to participate in the
development of their care plan/ISP;
(k) have the right to choose a doctor,
pharmacist and other health care provider(s);
(l) have the right to participate in medical
treatment decisions and formulate advance directives such as living wills and
powers of attorney;
(m) have the
right to keep and use personal possessions without loss or damage;
(n) have the right to manage and control
their personal finances;
(o) have
the right to freely organize and participate in a resident association that may
recommend changes in the facility's policies, services and
management;
(p) shall not be
required to work for the facility; and
(q) are protected from unjustified room
transfers or discharge.
E. The resident's rights shall not be
restricted unless this restriction is for the health and safety of the
resident, agreed to by the resident or the resident's surrogate decision maker
and outlined in the resident's individual service plan.
