Utah Administrative Code
Topic - Health
Title R432 - Health Care Facility Licensing
Rule R432-200 - Small Health Care Facility - Four to Sixteen Beds
Section R432-200-13 - Resident Rights
Universal Citation: UT Admin Code R 432-200-13
Current through Bulletin 2024-06, March 15, 2024
(1) The licensee shall develop resident rights policies and procedures.
(2) The licensee shall appoint a committee to update policy and evaluate and act on resident rights complaints.
(3) The licensee shall post written rights in areas accessible to residents and made available to the resident, guardian or next of kin and the department on request.
(4) The licensee shall ensure that each resident admitted to the facility has the right to:
(a) be fully informed, as evidenced by
written acknowledgment before or at the time of admission and during stay, of
resident rights and of rules governing resident conduct;
(b) be fully informed, before or at the time
of admission and during stay, of services available in the facility and of
related charges, including any charges for services not covered by the
facility's basic per diem rate or not covered under Titles XVIII or XIX of the
Social Security Act;
(c) be fully
informed of the resident's medical condition by the attending
physician;
(d) be given the
opportunity to participate in the planning of medical treatment and to refuse
to participate in experimental research;
(e) refuse treatment to the extent allowed by
law and to be informed of the medical consequences of such refusal;
(f) be given reasonable advance notice to
ensure orderly transfer or discharge;
(g) be encouraged and assisted throughout the
period of stay to exercise rights as a resident and as a citizen, and to voice
grievances and recommend changes in policies and services to facility staff or
outside representatives of choice, and to be free from interference, coercion,
discrimination or reprisal;
(h)
manage personal financial affairs, or to be given at least quarterly or upon
request, an accounting of financial transactions made on the resident behalf
should the facility accept written delegation of this responsibility;
(i) be free from mental and physical abuse
and to be free from chemical and physical restraints except as authorized in
writing by a physician for a specified period, or when necessary to protect the
resident from injury to themselves or to others;
(j) be assured confidential treatment of
personal and medical records and to approve or refuse the 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;
(k) be treated with
consideration, respect and full recognition of dignity and individuality,
including privacy in treatment and in care for personal needs;
(l) not be required to perform services for
the facility that are not included for therapeutic purposes in the plan of
care;
(m) associate and communicate
privately with others, and to send and receive personal mail
unopened;
(n) meet with and
participate in activities of social, religious and community groups;
(o) keep and use personal clothing and
possessions as space permits, unless it would infringe upon the rights of other
residents;
(p) if married, be
assured privacy for visits by a spouse, and if both are residents in the
facility, to be allowed to share a room;
(q) have daily visiting hours
established;
(r) have members of
the clergy admitted at the request of the resident or person responsible at any
time;
(s) allow relatives or
responsible persons to visit at any time;
(t) be allowed privacy for visits with
family, friends, clergy, social workers or for professional or business
purposes;
(u) have reasonable
access to telephones to make and receive confidential calls; and
(v) wear appropriate personal clothing and
religious or other symbolic items as long as they do not interfere with
diagnostic procedures or treatment.
(5) Each licensee that manages resident money shall comply with the following:
(a) the
licensee may not mingle or use resident funds for facility purposes;
(b) resident funds and valuables are
separated and free from any liability that the licensee incurs in the use of
the institution's funds and valuables;
(c) each licensee maintains safeguards and
accurate records of resident funds and valuables entrusted to the
licensee;
(d) records of resident
funds that are maintained as a drawing account include a control account for
receipts and expenditures, an account for each resident and supporting vouchers
filed in chronological order. Each account is kept current with columns for
debits, credits and balance;
(e)
records of resident 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) resident funds not kept in the facility
are deposited by the licensee within five days of receipt of the funds in an
interest-bearing account in a local bank authorized to do business in Utah, and
each deposit is insured;
(g)
licensee that operates more than one health facility maintains a separate
account for each facility and may not commingle resident funds from one
facility with another;
(h) when the
amount of resident funds entrusted to a licensee exceeds $150, excess funds are
deposited in an interest-bearing account;
(i) upon discharge of a resident, funds and
valuables of the resident that have been entrusted to the licensee are
surrendered to the resident in exchange for a signed receipt;
(j) money and valuables kept within the
facility are surrendered upon demand and those kept in an interest-bearing
account are made available within three normal banking days;
(k) the licensee shall surrender any funds
and valuables entrusted to the license to the person responsible for the
resident, including an executor or administrator of estate in exchange for a
signed receipt within 30 days following the death of a resident, except in a
coroner or medical examiner case; and
(l) when a resident dies without a
representative or known heirs, immediate written notice is given by the
facility to the medical examiner and the registrar of the local probate court,
and a copy of the notice filed with the department.
(6) The licensee of an Intermediate Care Facility for Individuals with Intellectual Disabilities may not permit an individual under the age of 22 years old to live in the same room with:
(a) more than one individual; or
(b) with individuals over the age of 22
years, unless they are members of the individual's immediate family.
(7) The administrator shall develop written policies and procedures to implement these requirements and shall obtain written approval from the department for any exceptions to this rule.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
