Current through Register Vol. 35, No. 18, September 24, 2024
A. All
licensed facilities shall understand, protect and respect the rights of all
residents. Prior to admission to a boarding home, a resident, parent, legal
guardian and legal representative shall be given the applicable written
description of the resident's legal rights, translated into resident's
preferred language, if necessary, to ensure the resident's
understanding.
B. A written copy of
the resident's legal rights shall be provided to the resident and to the
resident's legal guardian or agent, if applicable, and to the most significant
responsible party in the following order:
(1)
the resident;
(2) the resident's
spouse or significant other;
(3)
any of the resident's adult children;
(4) the resident's parents;
(5) the resident's
advocate.
C. The resident
rights shall be posted in a conspicuous public place in the boarding home and
shall include the telephone numbers to contact the authority to file a
complaint which shall include the licensing authority and the state ombudsman's
office.
D. To protect resident
rights, the boarding home shall:
(1) treat all
residents with courtesy, respect, dignity and compassion;
(2) not discriminate in admission or services
based on gender, gender identity, sex, sexual orientation, resident's age,
race, color, religion, physical or mental disability, or national
origin;
(3) provide residents
written information about all services provided by the boarding home and their
costs and give advance written notice of any changes;
(4) provide residents with a clean, safe and
sanitary living environment;
(5)
provide a humane psychological and physical environment of care for all
residents;
(6) protect the
confidentiality of the resident's records;
(7) protect the right to personal privacy,
including privacy in personal hygiene; privacy during visits with a spouse,
family member or other visitor; privacy during medical examinations,
consultations and treatment; and reasonable privacy in the residents' own
rooms;
(8) protect the resident's
right to receive visitors;
(9)
protect the resident's right to receive visits from their attorney, physician,
psychologist, clergyman, social worker, long term care ombudsman or
representatives of the authority in private;
(10) provide residents the ability to send
and receive unopened mail;
(11)
provide access to telephones in order to make and receive confidential calls,
provided that such calls do not infringe upon the rights of other residents and
do not restrict availability of the telephone during emergencies.
(a) The licensee shall be permitted to
require reimbursement from the resident or their authorized representative for
long distance calls.
(b) The
licensee shall be permitted to prohibit the making of long distance calls upon
documentation that requested reimbursement for previous calls has not been
received.
(12) ensure
that residents:
(a) are free from physical
abuse and emotional abuse, neglect, and exploitation and restraint;
(b) are free to participate or abstain from
the practice of religion and shall be afforded reasonable accommodations to
worship;
(c) have the right to
reasonable daily opportunities for physical exercise and outdoor exercise and
shall have reasonable access to recreational areas and equipment if
available;
(d) wear their own
clothes;
(e) possess and use their
own personal items, including their own toilet articles;
(f) have access to individual storage space
for their private use;
(g) have the
right to voice grievances to the boarding home staff, public officials, any
state agency, or any other person, without fear of reprisal or
retaliation;
(h) have the right to
have their grievance addressed within five days;
(i) have the right to prompt and adequate
medical attention for physical ailments;
(j) have the right to social interaction,
including the right to associate freely with persons in and out of the boarding
home, to participate in community groups and organizations, and to leave the
boarding home and return to it without restriction;
(k) have the right to participate in
treatment decisions and formulate advance directives such as living wills and
powers of attorney;
(l) have the
right to manage and control their personal finances;
(m) receive assistance in exercising the
right to vote; and
(n) move from
the boarding home in accordance with the terms of the admission
agreement.