(b) Resident rights.
(1) Each operator of an assisted living
residence must adopt and post conspicuously in a public place in the residence a
statement of the rights and responsibilities of residents and shall treat each
resident in accordance with the provisions of such statement.
(2) Resident's rights and responsibilities
shall include but not be limited to the following:
(i) every resident's participation in assisted
living shall be voluntary, and prospective residents shall be provided with
sufficient information regarding the residence to make an informed choice
regarding participation and acceptance of services;
(ii) every resident's civil and religious
liberties, including the right to independent personal decisions and knowledge of
available choices, shall not be infringed;
(iii) every resident shall have the right to
have private communications and consultations with his or her physician,
attorney, and any other person;
(iv)
every resident, resident's representative and resident's legal representative, if
any, shall have the right to present grievances on behalf of himself or herself
or others, to the residence's staff, administrator or assisted living operator,
to governmental officials, to long-term care ombudsmen or to any other person
without fear of reprisal, and to join with other residents or individuals within
or outside of the residence to work for improvements in resident care;
(v) every resident shall have the right to
manage his or her own financial affairs;
(vi) every resident shall have the right to
have privacy in treatment and in caring for personal needs;
(vii) every resident shall have the right to
confidentiality in the treatment of personal, social, financial and medical
records, and security in storing personal possessions;
(viii) every resident shall have the right to
receive courteous, fair and respectful care and treatment and a written statement
of the services provided by the residence, including those required to be offered
on an as-needed basis;
(ix) every
resident shall have the right to receive or to send personal mail or any other
correspondence without interception or interference by the operator or any person
affiliated therewith;
(x) every
resident shall have the right not to be coerced or required to perform the work
of staff members or contractual work;
(xi) every resident shall have the right to
have security for any personal possessions if stored by operator;
(xii) every resident shall have the right to
receive adequate and appropriate assistance with activities of daily living, to
be fully informed of their medical condition and proposed treatment, unless
medically contraindicated, and to refuse medication, treatment or services after
being fully informed of the consequences of such actions, provided that an
operator shall not be held liable or penalized for complying with the refusal of
such medication, treatment or services by a resident who has been fully informed
of the consequences of such refusal;
(xiii) every resident and visitor shall have
the responsibility to obey all reasonable regulations of the residence and to
respect the personal rights and private property of the other
residents;
(xiv) every resident shall
have the right to include their signed and witnessed version of the events
leading to an accident or incident involving such resident in any report of such
accident or incident;
(xv) every
resident shall have the right to receive visits from family members and other
adults of the resident's choosing without interference from the assisted living
residence; and
(xvi) every resident
shall have the right to written notice of any fee increase not less than 45 days
prior to the proposed effective date of the fee increase, provided however,
providing additional services to a resident in accordance with section
461-c(2) of the Social
Services Law, shall not be considered a fee increase pursuant to this paragraph
in the following situations:
(a) if a resident,
resident representative or legal representative agrees in writing to a specific
rate or fee increase, through an amendment of the residency agreement, due to the
resident's need for additional care, services or supplies, the operator may
increase such rate upon less than 45 days' written notice;
(b) if the operator provides additional care,
services or supplies upon the written order of the resident's primary physician,
the operator may, through an amendment to the residency agreement, increase such
rate upon less than 45 days' written notice; or
(c) in the event of an emergency which affects
the resident, the operator may assess additional charges for the benefit of the
resident as are reasonable and necessary for services, materials, equipment and
food supplies during such emergency;
(xvii) every resident of an assisted living
residence that is also certified to provide enhanced assisted living and/or
special needs assisted living shall have a right to be informed by the operator,
by a conspicuous posting in the residence, on at least a monthly basis, of the
then current vacancies available, if any, under the operator's enhanced and/or
special needs assisted living programs.
(xviii) Every resident of an enhanced assisted
living residence shall have the right to refuse consent to advanced tasks
performed by an advanced home health aide, in which case the operator shall
provide for the performance of such tasks by a registered professional
nurse.
(3) Waiver of any
provision contained in paragraph (2) of this section shall be void.
(4) Each assisted living operator shall give a
copy of the statement of rights and responsibilities to each resident at or prior
to the time of admission to the residence, the resident's representative and
resident's legal representative, if any, and to each member of the residence's
staff and any current resident.