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1. The right to receive adequate and appropriate health care consistent with established and recognized practice standards within the community and with long-term care facility rules issued by the Department of Health.
2. The right to civil and religious liberties including the following:
3. The right to present grievances on behalf of him / herself or others to the facility staff or administrator, to government officials, or to any other person, without fear of reprisal, and to join with other residents or individuals within or outside of the facility to work for improvements in resident care including the following:
4. The right to manage his or her own financial affairs and to have a quarterly accounting of any financial transaction made in his or her behalf should the resident delegate such responsibility to the facility for any period of time.
5. The right to refuse to perform tasks in or for the facility that are not included in his or her plan of care.
6. The right to fully informed in writing prior to or at the time of admission and during his or her stay of services available in the facility and of related charges including charges for services not covered under Medicare or Medicaid or not covered by the basic per diem rate.
7. The right to be adequately informed of his or her medical condition and proposed treatment unless otherwise indicated by his or her physician and to participate in the planning of all medical treatment including:
8. The right to have private and unrestricted communications with any person of his or her choice including:
9. The right to be free from mental and physical abuse and chemical restraints except those restraints initiated through the judgment of professional staff for a specified and limited period of time or on the written order of a physician.
10. The right to freedom of choice in the selection of a health care facility.
11. The right of copies of the facility’s rules and regulations including a copy of these rights and an explanation of his or her rights and responsibility to obey all reasonable rules and regulations of the facility and to respect the personal rights and private property of the other residents.
12. The right to be transferred or discharged only for medical reasons or his or her welfare, or that of other residents, for nonpayment for his or her stay, and not for raising concerns or complaints. The right to be given reasonable advance notice of transfer or discharge, except in the case of an emergency as determined by professional staff and in accordance with the transfer procedures.
13. The right to have privacy in treatment and in caring for personal needs, confidentiality in the treatment of personal and medical records, and security in storing and using of personal possessions.
14. The right to be treated courteously, fairly, and with the fullest measure of dignity and to receive a written statement of the services provided by the facility, including those required to be offered on an as needed basis.
15. The right of any person eligible to receive Medicaid to select any long-term care facility certified for participation in Medicaid where space is available.
The right of a long-term care resident who is adjudicated incompetent under state law devolve to the resident’s legal guardian or sponsoring agency, which are responsible to assure that the resident is provided with adequate, appropriate, and respectful health care and that his or her rights are observed. In the case of devolution, the facility shall observe these rights with respect to the guardian or sponsoring agency.
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