(a) Every resident
in a boarding home shall have the right to:
(i) Private and unrestricted communication.
This right shall include, but is not limited to:
(A) Receive, send and mail sealed, unopened
correspondence. No resident's incoming or outgoing correspondence shall be
opened, delayed, held or censored;
(B) Reasonable access to a telephone for
private communications; and
(C) An
opportunity for private visits.
(ii) Present grievances on his/her own behalf
or others to the staff or public officials or to any other person without
justifiable fear of reprisal and to join with other residents or individuals
within or outside of the facility to work for improvements in resident
care.
(iii) Manage his/her own
financial affairs, unless the resident delegates, in writing, someone else of
the resident's choosing and that person accepts the responsibility.
(iv) Be fully informed, prior to or at the
time of admission, and during stay, of services available in the boarding home
and of related charges including any charges for services not covered by the
boarding homes's basic per diem rate.
(v) Physical and emotional privacy in
treatment, living arrangements and in caring for personal needs, including, but
not limited to:
(A) Privacy for visits by
spouse. If both spouses are residents of the boarding home, they shall be
permitted to share a room unless medically contraindicated as documented by the
resident's physician in the resident's record.
(B) Privacy concerning health care. Persons
not directly involved in the resident's care shall require the resident's
permission to authorize their presence.
(C) Confidentiality of health and personal
records, and the right to approve or refuse their release to any individual
outside the boarding home except in the case of the resident's transfer to
another facility or as required by law.
(vi) Not be required to perform services for
the boarding home except for therapeutic purposes.
(vii) Meet with, and participate in
activities of social, religious and community groups at the resident's
discretion.
(viii) Retain and use
personal clothing and effects and to retain, as space permits, other personal
possessions in a reasonably secure manner.
(ix) Be transferred or discharged, and be
given reasonable advance notice of any planned transfer or discharge, and an
explanation of the need for and alternatives to such transfer or discharge. The
facility to which the resident is to be transferred must have accepted the
resident for transfer, except in a medical emergency.
(x) Be free from mental and physical
abuse.
(xi) Receive adequate and
appropriate care within the capacity of the boarding home.
(b) The manager shall give every resident a
copy of his or her rights upon admission.
(c) The rights shall be read to those
residents who are unable to read, and any questions a resident may have shall
be answered.
(d) A copy of the
resident's rights shall be kept in the residents record, signed and dated by
the resident.
(e) Each boarding
home shall establish a system of reviewing complaints and allegations of
violations of residents rights. The boarding home shall designate a specific
individual who, for the purpose of effectuating this system shall report to the
manager.
(f) In order to ensure
that residents continue to be aware of these rights and responsibilities
outlined in this Section, a written copy shall be prominently posted in a
location that is available to all residents.
