Current through Register Vol. 35, No. 6, March 26, 2024
Every resident shall have the right to:
A.
Communications: Have private
and unrestricted communications with the resident's family, physician, attorney
and any other person, unless medically contraindicated as documented by the
resident's physician in the resident's medical record, except that
communications with public officials or with the resident's attorney shall not
be restricted in any event. The right to private and unrestricted
communications shall include, but is not limited to, the right to:
(1) Receive, send, and mail sealed, unopened
correspondence. No resident's incoming or outgoing correspondence may be
opened, delayed, held, or censored, except that a resident or guardian may
direct in writing that specified incoming correspondence be opened, delayed, or
held.
(2) Use a telephone for
private communications during reasonable hours.
(3) Have private visiting pursuant to a
reasonable written visitation policy.
B.
Access: Immediate access by
representatives of human services department, health and environment
department, ombudsman, personal physician and, subject to resident's consent,
immediate family or other relatives or visitors following notification of staff
person in charge and presentation of valid identification. Reasonable access by
providers of health, social, legal or other services must be assured.
C.
Grievances: Present
grievances on one's own behalf or through others to the facility's staff or
administrator, to public officials or to any other person without justifiable
fear of reprisal, and join with other residents or individuals within or
outside of the facility to work for improvements in resident care.
D.
Finances: Manage one's own
financial affairs, including any personal allowances under federal or state
programs. No resident funds may be held or spent except in accordance with the
following requirements:
(1) A facility may not
hold or spend a resident's funds unless the resident or another person legally
responsible for the resident's funds authorize this action in writing. The
facility shall obtain separate authorization for holding a resident's funds and
for spending a resident's funds. The authorization for spending a resident's
funds may include a spending limit. Expenditures that exceed the designated
spending limit require a separate authorization for each individual
occurrence.
(2) Any resident funds
held or controlled by the facility, and any earnings from them, shall be
credited to the resident and may not be comingled with other funds or property
except that of other residents.
(3)
The facility shall furnish a resident, the resident's guardian, or a
representative designated by the resident with at least a quarterly statement
of all funds held by the facility for the resident and all expenditures made
from the resident's account, and a similar statement at the time of the
resident's permanent discharge.
(4)
The facility shall maintain a record of all expenditures, disbursements and
deposits made on behalf of the resident.
E.
Admission information: Be
fully informed in writing prior to or at the time of admission, of all services
and the charges for these services, and be informed in writing, during the
resident's stay, of any changes in services available or in charges for
services, as follows:
(1) No person may be
admitted to a facility without that person or that person's guardian or
designated representative signing an acknowledgement of having received a
statement of information before or on the day of admission which contains at
least the following information or, in the case of a person to be admitted for
short-term care, the information required under these regulations.
(a) an accurate description of the basic
services provided by the facility, the rate charged for those services, and the
method of payment for them;
(b)
information about all additional services regularly offered but not included in
the basic services. The facility shall provide information on where a statement
of the fees charged for each of these services can be obtained. These
additional services include pharmacy, x-ray, beautician and all other
additional services regularly offered to residents or arranged for residents by
the facility;
(c) the method for
notifying residents of a change in rates or fees;
(d) terms for refunding advance payments in
case of transfer, death or voluntary or involuntary discharge.
(e) terms of holding and charging for a bed
during a resident's temporary absence.
(f) conditions for involuntary discharge or
transfer, including transfers within the facility;
(g) information about the availability of
storage space for personal effects; and
(h) a summary of residents' rights recognized
and protected by this section and all facility policies and regulations
governing resident conduct and responsibilities.
(2) No statement of admission information may
be in conflict with any part of these regulations.
F.
Treatment: Be treated with
courtesy, respect, and full recognition of one's dignity and individuality by
all employees of the facility and by all licensed, certified, and registered
providers under contract with the facility.
G.
Privacy: Have physical and
emotional privacy in treatment, living arrangements, and in caring for personal
needs, including, but not limited to:
(1)
Privacy for visits by spouse. If both spouses are residents of the same
facility, they shall be permitted to share a room unless medically
contra-indicated as documented by the resident's physician in the resident's
medical record.
(2) Privacy
concerning health care. Case discussion, consultation, examination, and
treatment are confidential and shall be conducted discreetly. Persons not
directly involved in the resident's care shall require the resident's
permission to authorize their presence.
(3) Confidentiality of health and personnel
records, and the right to approve or refuse their release to any individual
outside the facility, except in the case of the resident's transfer to another
facility or as required by law or third-party payment contracts.
H.
Work: Not be
required to perform work for the facility, but may work for the facility if:
(1) the work is included by the physician for
therapeutic purposes in the resident's plan of care; and
(2) the work is ordered by the resident's
physician and does not threaten the health, safety, or welfare of the resident
or others.
(3) the resident
volunteers for work and such activities is not contra-indicated by
physician.
I.
Outside activities: Meet with and participate in activities of social,
religious, and community groups at the resident's discretion, unless medically
contra-indicated as documented by the resident's physician in the resident's
medical record.
J.
Personal
possessions: Retain and use personal clothing and effects and to retain,
as space permits, other personal possessions in a reasonably, secure
manner.
K.
Transfer,
discharge and bedhold: Involuntary transfer shall be conducted only for
resident's welfare, health and safety of others, or failure to pay. Reasons
other than failure to pay must be documented by a physician in resident's
record. Prior to transfer the facility must notify resident and next of kin or
responsible party of right to appeal and name and address of
ombudsman.
L.
Abuse and
restraints: Be free from mental and physical abuse, and be free from
chemical and physical restraints except as authorized in writing by a physician
for a specified and limited period of time and documented in the resident's
medical record. Physical restraints may be used in an emergency when necessary
to protect the resident from injury to himself or herself or others or to
property. However, authorization for continuing use of the physical restraints
shall be secured from a physician within 12 hours. Any use of physical.
restraints shall be noted in the resident's medical records. "Physical
restraint" includes, but is not limited to, any article, device, or garment
which interferes with the free movement of the resident and which the resident
is unable to remove easily.
M.
Care: Receive adequate and appropriate care within the capacity of
the facility.
N.
Choice of
provider: Use the licensed, certified or registered provider of health
care and pharmacist of the resident's choice. The pharmacist of choice must be
able to supply drugs and biologicals in such a manner as is consistent with the
facility's medication delivery system.
O.
Care planning: Be fully
informed of one's treatment and care and participate in the planning of that
treatment and care, unless contra-indicated by physician order.
P.
Religious activity:
Participate in religious activities and services, of resident's choice and meet
privately with clergy.
Q.
Non-discriminatory treatment: Be free from discrimination based on the
source from which the facility's charges for the resident's care are paid, as
follows:
(1) No facility may assign a resident
to a particular wing or other distinct area of the facility, whether for
sleeping, dining or any other purpose, on the basis of the source or amount of
payment. A facility only part of which is certified for medicare or medicaid
reimbursement under Title XVIII/XIX of the Social Security Act is not
prohibited from assigning a resident to the certified part of the facility
because of the source of payment for the resident's care is medicare or
medicaid.
(2) Facilities shall
offer and provide an identical package of basic services meeting the
requirements of these regulations to all individuals regardless of the sources
of a resident's payment or amount of payment. Facilities may offer enhancements
of basic services, provided that these enhanced services are made available at
an identical cost to all residents regardless of the source of a resident's
payment. A facility which elects to offer enhancements to basic services to its
residents must provide all residents with a detailed explanation of enhanced
services and the additional charges for these services.
(3) If a facility offers at extra charge
additional services which are not covered by the facility's provider agreement
under which it provides medicaid and medicare services, it shall provide them
to any resident willing and able to pay for them, regardless of the source from
which the resident pays the facility's charges.
(4) No facility may require, offer or provide
an identification tag for a resident that publicly identifies the source from
which the facility's charges for that resident's care are paid.
R.
Incompetence: If a
resident is found incompetent by a court under New Mexico's Probate Code,
(Sections
45-5-101
through
45-5-432
NMSA 1978), and not restored to legal capacity, the rights and responsibilities
established under this section which the resident is not competent to exercise
shall devolve upon the resident's guardian or conservator.
S.
Corrections clients: Rights
established under this section do not, except as determined by the department,
apply to residents in a facility who are in the legal custody of the department
for correctional purposes.
T.
Notification:
(1) Serving
notice: Copies of the resident rights provided under this section and the
facility's policies and regulations governing resident conduct and
responsibilities shall be made available to each prospective resident and his
or her guardian, if any, and to each member of the facility's staff. Facility
staff shall verbally explain to each new resident and to that person's
guardian, if any, prior to or at the time of the person's admission to the
facility, these rights and the facility's policies and regulations governing
resident conduct and responsibilities.
(2) Amendments: All amendments to the rights
provided under this section and all amendments to the facility regulations and
policies governing resident conduct and responsibilities require notification
of each resident and guardian, if any, at the time the amendment is put into
effect. The facility shall provide the resident, guardian, if any, and each
member of the facility's staff with a copy of all amendments.
(3) Posting: Copies of the resident's rights
provided under these regulations and the facility's policies and regulations
governing resident conduct and responsibilities shall be posted in a prominent
place in the facility.
U.
Encouragement and assistance:
Each facility shall encourage and assist residents to exercise their rights as
residents and citizens and shall provide appropriate training for staff
awareness so that staff are encouraged to respect the rights of residents
established under this section.
