Utah Administrative Code
Topic - Health
Title R432 - Health Care Facility Licensing
Rule R432-150 - Nursing Care Facility
Section R432-150-12 - Resident Rights
Universal Citation: UT Admin Code R 432-150-12
Current through Bulletin 2024-06, March 15, 2024
(1) The licensee shall establish written resident rights.
(2) The licensee shall post resident rights in areas accessible to residents.
(3) The licensee shall ensure a copy of the resident rights document is available to the residents, the residents' guardian, or responsible person, and to the public and the department upon request.
(4) The licensee shall ensure that each resident admitted to the facility has the right to:
(a) be informed, at the time of admission and
during the stay, of resident rights and of any rules and regulations governing
resident conduct;
(b) be informed,
at the time of admission and during the stay, of services available in the
facility and of related charges, including any charges for services not covered
by the licensee's basic per diem rate or not covered under Titles XVIII or XIX
of the Social Security Act;
(c) be
informed by a licensed practitioner of current total health status, including
current medical condition, unless medically contraindicated, the right to
refuse treatment, and the right to formulate an advance directive in accordance
with Section
75-2a-107;
(d) be transferred or discharged only for
medical reasons, for personal welfare or that of other residents, or for
nonpayment for the stay, and to be given reasonable advance notice to ensure
orderly transfer or discharge;
(e)
be encouraged and assisted throughout the period of stay to exercise any rights
as a resident and as a citizen, and to voice grievances and recommend changes
in policies and services to facility staff and outside representatives of
personal choice, free from restraint, interference, coercion, discrimination,
or reprisal;
(f) manage personal
financial affairs or to be given at least a quarterly accounting of financial
transactions made on their behalf should the licensee accept their written
delegation of this responsibility;
(g) be free from mental and physical abuse,
and from chemical and physical restraints;
(h) be assured confidential treatment of
personal and medical records, including photographs, and to approve or refuse
their release to any individual outside the facility, except in the case of
transfer to another health facility, or as required by law or third-party
payment contract;
(i) be treated
with consideration, respect, and full recognition of dignity and individuality,
including privacy in treatment and in care for personal needs;
(j) not be required to perform services for
the facility that are not included for therapeutic purposes in the plan of
care;
(k) associate and communicate
privately with persons of the resident's choice, and to send and receive
personal mail unopened;
(l) meet
with social, religious, and community groups and participate in activities
provided that the activities do not interfere with the rights of other
residents in the facility;
(m)
retain and use personal clothing and possessions as space permits, unless to do
so would infringe upon rights of other residents;
(n) if married, to be assured privacy for
visits by the spouse and if both are residents in the facility, to be permitted
to share a room;
(o) have members
of the clergy admitted at the request of the resident or responsible person at
any time;
(p) allow relatives or
responsible persons to visit critically ill residents at any time;
(q) be allowed privacy for visits with
family, friends, clergy, social workers, or for professional or business
purposes;
(r) have confidential
access to telephones for both free local calls and for accommodation of
long-distance calls according to facility policy;
(s) have access to the state long term care
ombudsman program or representatives of the long term care ombudsman
program;
(t) choose activities,
schedules, and health care consistent with individual interests, assessments,
and care plan;
(u) interact with
members of the community both inside and outside the facility; and
(v) make choices about any aspects of life in
the facility that are significant to the resident.
(5)
(a) A
resident has the right to organize and participate in resident and family
groups in the facility.
(b) A
resident's family has the right to meet in the facility with the families of
other residents in the facility.
(c) The licensee shall provide a resident or
family group, if one exists, with private space.
(d) Staff or visitors may attend meetings at
the group's invitation.
(e) The
licensee shall designate a staff person responsible for providing assistance
and responding to written requests that result from group meetings.
(f) If a resident or family group exists, the
licensee shall listen to the views and act upon the grievances and
recommendations of residents and families concerning proposed policy and
operational decisions affecting resident care and life in the
facility.
(6) The licensee shall:
(a) accommodate resident needs
and preferences, except when the health and safety of the individual or other
residents may be endangered;
(b)
ensure a resident is given at least a 24-hour notice before an involuntary room
move is made in the facility;
(c)
ensure that in an emergency when there is actual or threatened harm to others,
property, or self, the 24hour notice requirement for an involuntary room move
may be waived and the circumstances requiring the emergency room change are
documented for department review; and
(d) make and document efforts to accommodate
the resident's adjustment and choices regarding room and roommate
changes.
(7) If a licensee is entrusted with residents' funds or valuables, the licensee or staff may not use resident funds or valuables or mingle them with their own and shall comply with the following:
(a) ensure
residents' funds and valuables are separate, intact, and free from any
liability that the licensee incurs in the use of their own or the institution's
funds and valuables;
(b) maintain
adequate safeguards and accurate records of residents' monies and valuables
entrusted to the licensee's care;
(c) ensure records of residents' funds that
are maintained as a drawing account include a control account for any receipts
and expenditures, an account for each resident, and supporting vouchers filed
in chronological order;
(d) ensure
each account is kept current with columns for debits, credits, and
balance;
(e) ensure records of
residents' funds and other valuables entrusted to the licensee for safekeeping
include a copy of the receipt furnished to the resident or to the person
responsible for the resident;
(f)
deposit residents' funds not kept in the facility within five days of receipt
of such funds in an interest-bearing, insured account in a local bank or
savings and loan association authorized to do business in Utah;
(g) a person, firm, partnership, association,
or corporation that is licensed to operate more than one health facility
maintains a separate account for each facility and may not commingle resident
funds from one facility with another;
(h) deposit any money over $100 in an
interest-bearing account;
(i)
provide evidence of the purchase of a surety bond or other equivalent assurance
to secure any resident funds, upon license renewal;
(j) surrender upon discharge any resident
money and valuables that have been entrusted to the licensee in exchange for a
signed receipt; and
(k) surrender
any money and valuables kept within the facility upon demand and make available
any money kept in an interest-bearing account within three working
days.
(8) Within 30 days following the death of a resident, except in a case under investigation by the medical examiner, the licensee shall surrender any money and valuables of the resident that have been entrusted to the licensee to the person responsible for the resident or to the executor or the administrator of the estate in exchange for a signed receipt. If a resident dies without a representative or known heirs, the licensee shall immediately notify the local probate court and the department in writing.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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