63.2-1808 - Rights and responsibilities of residents of assisted living facilities; certification of licensure.
§ 63.2-1808. Rights and responsibilities of residents ofassisted living facilities; certification of licensure.
A. Any resident of an assisted living facility has the rightsand responsibilities enumerated in this section. The operator or administratorof an assisted living facility shall establish written policies and proceduresto ensure that, at the minimum, each person who becomes a resident of theassisted living facility:
1. Is fully informed, prior to or at the time of admission andduring the resident's stay, of his rights and of all rules and expectationsgoverning the resident's conduct, responsibilities, and the terms of theadmission agreement; evidence of this shall be the resident's writtenacknowledgment of having been so informed, which shall be filed in his record;
2. Is fully informed, prior to or at the time of admission andduring the resident's stay, of services available in the facility and of anyrelated charges; this shall be reflected by the resident's signature on acurrent resident's agreement retained in the resident's file;
3. Unless a committee or conservator has been appointed, isfree to manage his personal finances and funds regardless of source; isentitled to access to personal account statements reflecting financialtransactions made on his behalf by the facility; and is given at least aquarterly accounting of financial transactions made on his behalf when awritten delegation of responsibility to manage his financial affairs is made tothe facility for any period of time in conformance with state law;
4. Is afforded confidential treatment of his personal affairsand records and may approve or refuse their release to any individual outsidethe facility except as otherwise provided in law and except in case of histransfer to another care-giving facility;
5. Is transferred or discharged only when provided with astatement of reasons, or for nonpayment for his stay, and is given reasonableadvance notice; upon notice of discharge or upon giving reasonable advancenotice of his desire to move, shall be afforded reasonable assistance to ensurean orderly transfer or discharge; such actions shall be documented in hisrecord;
6. In the event a medical condition should arise while he isresiding in the facility, is afforded the opportunity to participate in theplanning of his program of care and medical treatment at the facility and theright to refuse treatment;
7. Is not required to perform services for the facility exceptas voluntarily contracted pursuant to a voluntary agreement for services thatstates the terms of consideration or remuneration and is documented in writingand retained in his record;
8. Is free to select health care services from reasonably availableresources;
9. Is free to refuse to participate in human subjectexperimentation or to be party to research in which his identity may beascertained;
10. Is free from mental, emotional, physical, sexual, andeconomic abuse or exploitation; is free from forced isolation, threats or otherdegrading or demeaning acts against him; and his known needs are not neglectedor ignored by personnel of the facility;
11. Is treated with courtesy, respect, and consideration as aperson of worth, sensitivity, and dignity;
12. Is encouraged, and informed of appropriate means asnecessary, throughout the period of stay to exercise his rights as a residentand as a citizen; to this end, he is free to voice grievances and recommendchanges in policies and services, free of coercion, discrimination, threats orreprisal;
13. Is permitted to retain and use his personal clothing andpossessions as space permits unless to do so would infringe upon rights ofother residents;
14. Is encouraged to function at his highest mental,emotional, physical and social potential;
15. Is free of physical or mechanical restraint except in thefollowing situations and with appropriate safeguards:
a. As necessary for the facility to respond to unmanageablebehavior in an emergency situation, which threatens the immediate safety of theresident or others;
b. As medically necessary, as authorized in writing by aphysician, to provide physical support to a weakened resident;
16. Is free of prescription drugs except where medicallynecessary, specifically prescribed, and supervised by the attending physician,physician assistant, or nurse practitioner;
17. Is accorded respect for ordinary privacy in every aspectof daily living, including but not limited to the following:
a. In the care of his personal needs except as assistance maybe needed;
b. In any medical examination or health-related consultationsthe resident may have at the facility;
c. In communications, in writing or by telephone;
d. During visitations with other persons;
e. In the resident's room or portion thereof; residents shallbe permitted to have guests or other residents in their rooms unless to do sowould infringe upon the rights of other residents; staff may not enter aresident's room without making their presence known except in an emergency orin accordance with safety oversight requirements included in regulations of theBoard;
f. In visits with his spouse; if both are residents of thefacility they are permitted but not required to share a room unless otherwiseprovided in the residents' agreements;
18. Is permitted to meet with and participate in activities ofsocial, religious, and community groups at his discretion unless medicallycontraindicated as documented by his physician, physician assistant, or nursepractitioner in his medical record; and
19. Is fully informed, as evidenced by the writtenacknowledgment of the resident or his legal representative, prior to or at thetime of admission and during his stay, that he should exercise whatever duediligence he deems necessary with respect to information on any sex offendersregistered pursuant to Chapter 9 (§ 9.1-900 et. seq.) of Title 9.1, includinghow to obtain such information. Upon request, the assisted living facilityshall assist the resident, prospective resident, or the legal representative ofthe resident or prospective resident in accessing this information and providethe resident, prospective resident, or the legal representative of the residentor prospective resident with printed copies of the requested information.
B. If the resident is unable to fully understand and exercisethe rights and responsibilities contained in this section, the facility shallrequire that a responsible individual, of the resident's choice when possible,designated in writing in the resident's record, be made aware of each item inthis section and the decisions that affect the resident or relate to specificitems in this section; a resident shall be assumed capable of understanding andexercising these rights unless a physician determines otherwise and documentsthe reasons for such determination in the resident's record.
C. The rights and responsibilities of residents shall beprinted in at least 12-point type and posted conspicuously in a public place inall assisted living facilities. The facility shall also post the name andtelephone number of the regional licensing supervisor of the Department, theAdult Protective Services' toll-free telephone number, as well as the toll-freetelephone number for the Virginia Long-Term Care Ombudsman Program, anysub-state ombudsman program serving the area, and the toll-free number of theVirginia Office for Protection and Advocacy.
D. The facility shall make its policies and procedures forimplementing this section available and accessible to residents, relatives,agencies, and the general public.
E. The provisions of this section shall not be construed torestrict or abridge any right that any resident has under law.
F. Each facility shall provide appropriate staff training toimplement each resident's rights included in this section.
G. The Board shall adopt regulations as necessary to carry outthe full intent of this section.
H. It shall be the responsibility of the Commissioner toensure that the provisions of this section are observed and implemented byassisted living facilities as a condition to the issuance, renewal, orcontinuation of the license required by this article.
(1984, c. 677, § 63.1-182.1; 1989, c. 271; 1990, c. 458; 1992,c. 356; 1993, cc. 957, 993; 1997, c. 801; 2000, c. 177; 2002, cc. 45, 572, 747;2004, c. 855; 2006, c. 396; 2007, cc. 120, 163.)