§ 23-17.4-16 - Rights of residents.
SECTION 23-17.4-16
§ 23-17.4-16 Rights of residents. –(a) Every assisted living residence for adults licensed under this chaptershall observe the following standards and any other appropriate standards asmay be prescribed in rules and regulations promulgated by the licensing agencywith respect to each resident of the residence:
(1) Residents are entitled to all rights recognized by stateand federal law with respect to discrimination, service decisions (includingthe right to refuse services), freedom from abuse and neglect, privacy,association, and other areas of fundamental rights including the right tofreedom of religious practice. Some of these basic rights include:
(i) To be offered services without discrimination as to sex,race, color, religion, national origin, or source of payment;
(ii) To be free from verbal, sexual, physical, emotional, andmental abuse, corporal punishment, and involuntary seclusion;
(iii) To be free from physical or chemical restraints for thepurpose of discipline or convenience and not required to treat the resident'smedical symptoms. No chemical or physical restraints will be used except onorder of a physician;
(iv) To have their medical information protected byapplicable state confidentiality laws;
(v) To have a service animal, consistent with the "reasonableaccommodations" clause of the Fair Housing Act, 42 U.S.C. § 3601 et seq.(such as a seeing eye dog); and
(2) In addition to these basic rights enjoyed by otheradults, the residents of assisted living also have the right to:
(i) Be treated as individuals and with dignity, and beassured choice and privacy and the opportunity to act autonomously;
(ii) Upon request have access to all records pertaining tothe resident, including clinical records, within the next business day orimmediately in emergency situations;
(iii) Arrange for services not available through the settingat their own expense as long as the resident remains in compliance with theresident contract and applicable state law and regulations;
(iv) Upon admission and during the resident's stay be fullyinformed in a language the resident understands of all resident rights andrules governing resident conduct and responsibilities. Each resident shall:
(A) Receive a copy of their rights;
(B) Acknowledge receipt in writing; and
(C) Be informed promptly of any changes;
(v) Remain in their room or apartment unless a change in roomor apartment is related to resident preference or to transfer conditionsstipulated in their contract;
(vi) Consistent with the terms of the resident contract,furnish their own rooms and maintain personal clothing and possessions as spacepermits, consistent with applicable life safety, fire, or similar laws,regulations, and ordinances;
(vii) Be encouraged and assisted to exercise rights as acitizen; to voice grievances through a documented grievance mechanism andsuggest changes in policies and services to either staff or outsiderepresentatives without fear of restraint, interference, coercion,discrimination, or reprisal;
(viii) Have visitors of their choice without restrictions solong as those visitors do not pose a health or safety risk to other residents,staff, or visitors, or a risk to property, and comply with reasonable hours andsecurity procedures;
(ix) Have personal privacy in their medical treatment,written communications and telephone communications, and, to the fullest extentpossible, in accommodation, personal care, visits, and meetings;
(x) Have prominently displayed a posting of the facility'sgrievance procedure, the names, addresses, and telephone numbers of allpertinent resident advocacy groups, the state ombudsperson, and the statelicensing agency;
(xi) Choose his or her own physician(s) and have ready accessto the name, specialty, and way of contacting the physician(s) responsible forthe resident's care;
(xii) Have the residence record and periodically update theaddress and telephone number of the resident's legal representative orresponsible party;
(xiii) Manage his or her financial affairs. The residence maynot require residents to deposit their personal funds with the residence. Uponwritten authorization of a resident and with the agreement of the residence,the residence holds, safeguards, manages, and accounts for personal funds ofthe resident as follows:
(A) Funds in excess of three hundred dollars ($300) must bein an interest bearing account, separate from any residence operating accountthat credits all interest on the resident's funds to that account and theresidence shall purchase a surety bond on this account;
(B) A full and separate accounting of each resident'spersonal funds maintained must be available through quarterly statements and onrequest of the resident;
(C) Resident funds shall not be commingled with residencefunds or with funds of any person other than another resident;
(D) Upon the death of a resident, the residence must conveywithin thirty (30) days the resident's funds deposited with the residence and afull accounting of those funds to the resident's responsible party or theadministrator of the resident's estate;
(xiv) Have access to representatives of the stateombudsperson and to allow the ombudsperson to examine a resident's records withthe permission of the resident and consistent with state law;
(xv) Be informed, in writing, prior to or at the time ofadmission or at the signing of a residential contract or agreement of:
(A) The scope of the services available through the residenceservice program, including health services, and of all related fees andcharges, including charges not covered either under federal and/or stateprograms or by other third party payors or by the residence's basic rate;
(B) The residence's policies regarding overdue paymentincluding notice provisions and a schedule for late fee charges;
(C) The residence's policy regarding acceptance of state andfederal government reimbursement for care in the facility both at time ofadmission and during the course of residency if the resident depletes his orher own private resources;
(D) The residence's criteria for occupancy and termination ofresidency agreements;
(E) The residence's capacity to serve residents with physicaland cognitive impairments;
(F) Support any health services that the residence includesin its service package or will make appropriate arrangements to provide theservices;
(xvi) To be encouraged to meet with and participate inactivities of social, religious, and community groups at the resident'sdiscretion;
(xvii) Upon provision of at least thirty (30) days notice, ifa resident chooses to leave a residence, the resident shall be refunded anyadvanced payment made provided that the resident is current in all payments;
(xviii) To have the residence discharge a resident only forthe following reasons and within the following guidelines:
(A) Except in life threatening emergencies and for nonpaymentof fees and costs, the residence gives thirty (30) days' advance written noticeof termination of residency agreement with a statement containing the reason,the effective date of termination, and the resident's right to an appeal understate law;
(B) If the resident does not meet the requirements forresidency criteria stated in the residency agreement or requirements of stateor local laws or regulations;
(C) If the resident is a danger to himself or herself or thewelfare of others and the residence has attempted to make a reasonableaccommodation without success to address the resident's behavior in ways thatwould make termination of residency agreement or change unnecessary, whichwould be documented in the resident's records;
(D) For failure to pay all fees and costs stated in thecontract, resulting in bills more than thirty (30) days outstanding. A residentwho has been given notice to vacate for nonpayment of rent has the right toretain possession of the premises, up to any time prior to eviction from thepremises, by tendering to the provider the entire amount of fees for services,rent, interest, and costs then due. The provider may impose reasonable latefees for overdue payment; provided that the resident has received due notice ofthose charges in accordance with the residence's policies. Chronic and repeatedfailure to pay rent is a violation of the lease covenant. However the residencemust make reasonable efforts to accommodate temporary financial hardship andprovide information on government or private subsidies available that may beavailable to help with costs; and
(E) The residence makes a good faith effort to counsel theresident if the resident shows indications of no longer meeting residencecriteria or if service with a termination notice is anticipated;
(xix) To have the residence provide for a safe and orderlymove out, including assistance with identifying a resource to help locateanother setting, regardless of reason for move out;
(xx) To have the resident's responsible person and physiciannotified when there is:
(A) An accident involving the resident that results in injuryand required physician intervention;
(B) A significant change in the resident's physical, mental,or psychosocial status or treatment;
(xxi) To be able to share a room or unit with a spouse orother consenting resident of the residence in accordance with terms of theresident contract;
(xxii) To live in a safe and clean environment;
(xxiii) To have and use his or her own possessions wherereasonable and have an accessible lockable space provided for security of smallpersonal valuables;
(xxiv) To receive a nourishing, palatable, well balanced dietthat meets his or her daily nutritional and special medical dietary needs;
(xxv) To attain or maintain the highest practicable physical,mental, and psychosocial well being;
(xxvi) To be allowed to maintain an amount of money to coverreasonable monthly personal expenses, the amount of which shall be at leastequal to that amount required for individuals on SSI as provided under §40-6-27(a)(3);
(xxvii) To have the residence implement written policies andprocedures to ensure that all facility staff are aware of and protect theresident's rights contained in this section; and
(xxviii) Upon request, the resident shall have the right toreceive information concerning hospice care, including the benefits of hospicecare, the cost, and how to enroll in hospice care.
(b) For purposes of subdivisions (a)(2)(ii), (iv), (xi),(xiii), (xiv), (xvii), (xviii)(A) and (xxviii), the term "resident" also meansthe resident's agent as designated in writing or legal guardian.