Current through Reg. 49, No. 52; December 27, 2024
(a) A resident has the right to organize and
participate in resident groups in a facility.
(b) A facility must assist a resident who
requires assistance to attend resident group meetings.
(c) A resident has the right to have a family
member or other resident representative meet in the facility with the family or
resident representative of other residents in the facility and organize a
family council. A family council may:
(1)
make recommendations to the facility proposing policy and operational decisions
affecting resident care and quality of life; and
(2) promote educational programs and projects
intended to promote the health and happiness of residents.
(d) If a resident group or family council
exists, a facility must:
(1) listen to and
consider the views of a resident group or family council and act promptly upon
the grievances and recommendations of residents and families concerning issues
of resident care and life in the facility;
(2) be able to demonstrate responses to the
grievances and recommendations of the resident group or family council and the
rationale for such responses;
(3)
provide a resident group or family council with private space and take
reasonable steps with the approval of the group, to make residents and family
members aware of upcoming meetings in a timely manner;
(4) provide a designated staff person who is
approved by the resident or family group and the facility and who is
responsible for providing assistance and responding to written requests that
result from resident group and family council meetings; and
(5) allow staff or visitors to attend
meetings only at the resident group's or family council's invitation.
(e) If a family council exists, a
facility must:
(1) upon written request, allow
the family council to meet in a common meeting room of the facility at least
once a month during hours mutually agreed upon by the family council and the
facility;
(2) provide the family
council with adequate space on a prominent bulletin board to post notices and
other information;
(3) designate a
staff person to act as the family council's liaison to the facility;
(4) respond in writing to written requests by
the family council within five working days;
(5) include information about the existence
of the family council in a mailing that occurs at least semiannually;
(6) permit a representative of the family
council to discuss concerns with an individual conducting an inspection or
survey of the facility; and
(7)
allow a resident to participate in a family council.
(f) Unless the resident objects, a family
council member may authorize, in writing, another member to visit and observe a
resident represented by the authorizing member.
(g) A facility must not limit the rights of a
resident, a resident's family member, or a family council member to meet with
an outside person, including:
(1) an employee
of the facility during the employee's nonworking hours if the employee
agrees;
(2) a member of a nonprofit
or government organization; or
(3)
another resident representative.
(h) A facility must not:
(1) terminate an existing family
council;
(2) prevent or interfere
with the family council from receiving outside correspondence addressed to the
family council or open family council mail; or
(3) willfully interfere with the formation,
maintenance, or operation of a family council, including interfering by:
(A) denying a family council the opportunity
to accept help from an outside person;
(B) discriminating or retaliating against a
family council participant; or
(C)
willfully scheduling events in conflict with previously scheduled family
council meetings, if the facility has other scheduling options.
