Current through Register Vol. 35, No. 18, September 24, 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 health care authority, 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 contraindicated 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 authority, apply to residents in a facility who are in the legal custody of
the authority 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.
