RIGHTS OF RESIDENTS IN ASSISTED LIVING RESIDENCES
RESIDENT’S RIGHTS AND RESPONSIBLITIES SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
(A) EVERY RESIDENT’S PARTICIPATION IN ASSISTED LIVING SHALL
BE VOLUNTARY, AND PROSPECTIVE RESIDENTS SHALL BE PROVIDED
WITH SUFFICIENT INFORMATION REGARDING THE RESIDENCE TO MAKE AN INFORMED CHOICE REGARDING PARTICIPATION AND ACCEPTANCE OF SERVICES;
(B) EVERY RESIDENT’S CIVIL AND RELIGIOUS LIBERTIES,
INCLUDING THE RIGHT TO INDEPENDENT PERSONAL DECISIONS AND KNOWLEDGE OF AVAILABLE CHOICES, SHALL NOT BE INFRINGED;
(C) EVERY RESIDENT SHALL HAVE THE RIGHT TO HAVE PRIVATE
COMMUNICATIONS AND CONSULTATION WITH HIS OR HER PHYSICIAN, ATTORNEY, AND ANY OTHER PERSON;
(D) EVERY RESIDENT, RESIDENT’S REPRESENATATIVE AND
RESIDENT’S LEGAL REPRESENTATIVE, IF ANY, SHALL HAVE THE RIGHT TO PRESENT GRIEVANCES ON BEHALF OF HIMSELF OR HERSELF OR OTHERS, TO THE RESIDENCE’S STAFF, ADMINISTRATOR OR ASSISTED LIVING OPERATOR, TO GOVERNMENTAL OFFICIALS, TO LONG TERM CARE OMBUDSMEN OR TO ANY OTHER PERSON WITHOUT FEAR OF REPRISAL, AND TO JOIN WITH OTHER RESIDENTS OR INDIVIDUALS WITHIN OR OUTSIDE OF THE RESIDENCE TO WORK FOR IMPROVEMENTS IN RESIDENT
CARE;
(E) EVERY RESIDENT SHALL HAVE THE RIGHT TO MANAGE HIS OR
HER OWN FINANCIAL AFFAIRS;
(F) EVERY RESIDENT SHALL HAVE THE RIGHT TO HAVE PRIVACY IN
TREATMENT AND IN CARING FOR PERSONAL NEEDS;
(G) EVERY RESIDENT SHALL HAVE THE RIGHT TO CONFIDENTIALITY
IN THE TREATMENT OF PERSONAL, SOCIAL, FINANCIAL AND MEDICAL RECORDS, AND SECURITY IN STORING PERSONAL PROSSESSIONS;
(H) EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE
COURTEOUS, FAIR AND RESPECTFUL CARE AND TREATMENT AND A
WRITTEN STATEMENT OF THE SERVICES PROVIDED BY THE RESIDENCE, INCLUDING THOSE REQUIRED TO BE OFFERED ON AN AS-NEEDED BASIS;
(I) EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE OR TO
SEND PERSONAL MAIL OR ANY OTHER CORRESPONDENCE WITHOUT
INTERCEPTION OR INTERFERENCE BY THE OPERATOR OR ANY PERSON AFFILIATED WITH THE OPERATOR;
(J) EVERY RESIDENT SHALL HAVE THE RIGHT NOT TO BE COERCED
OR REQUIRED TO PERFORM WORK OF STAFF MEMBERS OR CONTRACTUAL WORK;
(K) EVERY RESIDENT SHALL HAVE THE RIGHT TO HAVE SECURITY
FOR ANY PERSONAL POSSESSIONS IF STORED BY THE OPERATOR;
(L) EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE
ADEQUATE AND APPROPRIATE ASSISTANCE WITH ACTIVITIES OF DAILY LIVING, TO BE FULLY INFORMED OF THEIR MEDICAL CONDITION AND PROPOSED TREATMENT, UNLESS MEDICALLY CONTRAINDICATED, AND TO REFUSE MEDICATION, TREATMENT OR SERVICES AFTER BEING FULLY INFORMED OF THE CONSEQUENCES OF SUCH ACTIONS, PROVIDED THAT AN OPERATOR SHALL NOT BE HELD LIABLE OR PENALIZED FOR COMPLYING WITH THE REFUSAL OF SUCH MEDICATION, TREATMENT OR SERVICES BY A RESIDENT WHO HAS BEEN FULLY INFORMED OF THE CONSEQUENCES OF SUCH REFUSAL;
(M) EVERY RESIDENT AND VISITOR SHALL HAVE THE RESPONSIBILITY TO OBEY ALL REASONABLE REGULATIONS OF THE
RESIDENCE AND TO RESPECT THE PERSONAL RIGHTS AND PRIVATE
PROPERTY OF THE OTHER RESIDENTS;
(N) EVERY RESIDENT SHALL HAVE THE RIGHT TO INCLUDE THEIR
SIGNED AND WITNESSED VERSION OF THE EVENTS LEADING TO AN
ACCIDENT OR INCIDENT INVOLVING SUCH RESIDENT IN ANY REPORT OF SUCH ACCIDENT OR INCIDENT;
(O) EVERY RESIDENT SHALL HAVE THE RIGHT TO RECEIVE VISITS
FROM FAMILY MEMBERS AND OTHER ADULTS OF THE RESIDENT’S
CHOOSING WITHOUT INTERFERENCE FROM THE ASSISTED LIVING
RESIDENCE; AND
(P) EVERY RESIDENT SHALL HAVE THE RIGHT TO WRITTEN NOTICE
OF ANY FEE INCREASE NOT LESS THAN FORTY-FIVE DAYS PRIOR TO THE PROPOSED EFFECTIVE DATE OF THE FEE INCREASE; PROVIDED, HOWEVER, THAT IF A RESIDENT, RESIDENT REPRESENTATIVE OR LEGAL REPRESENTATIVE AGREES IN WRITING TO A SPECIFIC RATE OR FEE INCREASE THROUGH AN AMENDMENT OF THE RESIDENCY AGREEMENT DUE TO THE RESIDENT’S NEED FOR ADDITIONAL CARE, SERVICES OR SUPPLIES, THE OPERATOR MAY INCREASE SUCH RATE OR FEE UPON LESS THAN FORTY-FIVE DAYS WRITTEN NOTICE. WAIVER OF ANY OF THESE RESIDENT RIGHTS SHALL BE VOID. A RESIDENT CANNOT LAWFULLY SIGN AWAY THE ABOVE-STATED RIGHTS AND RESPONSIBILITIES THROUGH A WAIVER OR ANY OTHER MEANS.
Wednesday, September 5, 2007
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