Every resident has the right to be fully informed as evidenced by written acknowledgments, prior to and during/his entire stay, of these rights and all rules and regulations governing resident conduct.
Each resident has the right to be fully informed of services available in the facility, or to be coordinated through the facility, and the charges for those services, whether they are included in the facilities perdiem rate, and how they are to be provided.
Each resident has the right to be fully informed by a physician of his/her medical condition, unless medically contraindicated, and to be afforded the opportunity to participate in the planning of medical treatments. This also includes the right to refuse any experimental otherwise undesirable treatments or medications, as permitted by law. Residents also must be advised of the consequences of such refusals.
Each resident has the right to be given a reasonable advance notice of transfer or discharge and the accompanying reason for that particular action. Reasons may include medical, financial (lack of payment), or for the residents or another residents welfare. These reasons are to be documented in the residents records.
Each resident should be encouraged, and if needed, assisted to exercise his/her rights as a resident and as a citizen, to voice grievances, recommend changes in related facility policies, recommend changes in staff and outside representation of the residents choice. Residents are to be free of restraint, interference, coercion, discrimination and reprisal.
Each resident has the right to manage his/her personal financial affairs or to be given at least a quarterly accounting of financial transactions made on the residents behalf, should the facility accept his/her written delegation of this responsibility.
Each resident has the right to be free from mental and physical abuse, and to be free from physical and chemical restraints, with exception for emergencies or as authorized in writing by a physician or another person legally authorized to prescribe care, only for a specified and limited period of time, or when necessary, to protect the resident from injury to themselves or to others.
Each resident has the right to be assured confidential treatment or his/her personal medical records and to approve or refuse their release to any individual outside the facility, except in the case of transfer to another health facility, or as required by law or third party payment contract.
Each resident has the right to be treated with consideration, respect and recognition to residents dignity and individuality. This includes privacy in treatment and care of the residents personal needs.
Residents must not be required to perform services for the facility that are not part of the therapeutic nature as stated in the residents plan of care.
Residents may associate and communicate freely and privately with persons of the residents choice. They can send and receive personal mail unopened, unless medically contraindicated.
Residents may meet with others and participate in activities of social, religious and community groups, unless medically contraindicated.
Residents may retain and use their own personal clothing and possessions as space permits, unless to do so would infringe upon the rights of the other residents and unless medically contraindicated.
If the resident is married, he/she is assured of privacy for visits by the residents spouse. If both are residents of the facility, they may be permitted to share a room, unless medically contraindicated.
Residents may have daily visiting hours established.
Residents may have visits from members of the clergy at anytime at the request of the resident or the residents guardian.
Residents relatives or their responsible parties may visit at any reasonable hour, especially in cases of the critically ill, unless medically contraindicated. Visits with family, friends, clergy, social workers, professional or business associates must be kept private, especially if requested.
Regardless of personal assets, residents must be given access to a telephone from which confidential calls may be made or received.
Residents must be fully informed and assisted if necessary on procedures and in action to contact a state Ombudsman, or a related state official regarding complaints about facility policies, environmental conditions or treatment procedures.
Residents have the right to inspect and/or purchase copies of all medical records. This includes a full explanation in terms that they understand as to the contents of such records. The same is true in regards to any facility resident financial records.
All other civil rights, such as voting and various other rights, remain intact until medically or legally contraindicated. All rights are protected by law and may be enforced through a number of federal, state, and local authorities depending on the exact nature of the crime. For example, physical abuse charges would be investigated by the State Department of Health with local police making arrests and prosecuting the suspected criminals.
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