Current through Reg. 49, No. 38; September 20, 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.
