Statement of Resident Rights
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:
a.Knowledge of available choices and the right to independent personal decisions, which will not be infringed upon.
b. The right to encouragement and assistance from the staff of the facility in the fullest possible exercise of these rights.
c. The right to vote.
d. The right to participate in or refuse to participate in any social, religious, or community activities both inside and out of the facility.
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:
a. The right to participate in resident counsel.
b. The right to be informed of the address and telephone number for the Department of Health and the state and local Nursing Home Ombudsman. The facility shall post these numbers in conspicuous locations.
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:
a. The right to know the physician responsible for the care and the freedom to communicate with the same. The right to refuse medication and treatment unless indicated by his or her physician and to know the consequences of such actions.
b. The right to refuse to be a part of experimental research.
c. The right to participate in discharge planning.
d. The right to review and obtain copies of his or her medical records and authority to determine the release of this information.
e. For residents whose primary language is other than English, the facility shall arrange for persons speaking the resident’s language to facilitate daily communications and to attend assessment and care planning conferences in order to allow the resident to participate in these activities. This section does not require a translator to be present daily as long as the resident is enabled to engage in necessary daily communication within the facility.
f. For residents with sensory impairments that inhibit daily communication, the facility shall provide assistance so that they may participate in care and activities of daily living.
8. The right to have private and unrestricted communications with any person of his or her choice including:
a. The right to privacy for telephone calls.
b. The right to receive mail unopened.
c. The right to private consensual sexual activity.
d. The right to an environment that contributes to positive self image and preserves dignity. Space will be provided to receive visitors in reasonable comfort and privacy with no limits to visiting privileges except for medical reasons.
e. The right to refuse to talk to anyone officially connected with the facility not directly involved in his or her care as well as anyone outside the facility including visitors and representatives of outside and community agencies.
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.
a. If the resident does not speak English, the right to an explanation of the rights and responsibilities in a language the resident can understand.
b. The right to see facility policies, upon request, and the state survey reports on the facility.
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.