§ 461-D — Rights of residents in adult care facilities

§ 461-d. Rights of residents in adult care facilities. 1. The\nprinciples enunciated in subdivision three hereof are declared to be the\npublic policy of the state and a copy of such statement of rights and\nresponsibilities shall be posted conspicuously in a public place in each\nfacility covered hereunder.\n 2. The department shall require that every adult care facility shall\nadopt and make public a statement of the rights and responsibilities of\nthe residents who are receiving care in such facilities, and shall treat\nsuch residents in accordance with the provisions of such statement.\n 3. Resident rights and responsibilities shall include, but not be\nlimited to the following:\n (a) Every resident's civil and religious liberties, including the\nright to independent personal decisions and knowledge or available\nchoices, shall not be infringed and the facility shall encourage and\nassist in the fullest possible exercise of these rights.\n (b) Every resident shall have the right to have private communications\nand consultations with his or her physician, attorney, and any other\nperson.\n (c) Every resident shall have the right to present grievances on\nbehalf of himself or herself or others, to the facility's staff or\nadministrator, to governmental officials, or to any person without fear\nof reprisal, and to join with other residents or individuals within or\noutside of the facility to work for improvements in resident care.\n (d) Every resident shall have the right to manage his or her own\nfinancial affairs.\n (e) Every resident shall have the right to have privacy in treatment\nand in caring for personal needs.\n (f) Every resident shall have the right to confidentiality in the\ntreatment of personal, social, financial and medical records, and\nsecurity in storing personal possessions.\n (g) Every resident shall have the right to receive courteous, fair,\nand respectful care and treatment and a written statement of the\nservices provided by the facility, including those required to be\noffered on an as-needed basis.\n (h) Every resident shall have the right to receive or to send personal\nmail or any other correspondence without interception or interference by\nthe operator of an adult care facility or any person affiliated\ntherewith.\n (i) Every resident shall have the responsibility to obey all\nreasonable regulations of the facility and to respect the personal\nrights and private property of the other residents.\n (j) The facility is required to include on its accident or incident\nreport the resident's version of the events leading to an accident or\nincident involving such resident, unless the resident objects.\n (k) Every resident shall have the right to authorize those family\nmembers and other adults who will be given priority to visit consistent\nwith the resident's ability to receive visitors.\n (l) Every resident or, in the case of a person who lacks capacity to\nconsent to his or her health care, a person legally authorized to\nconsent on behalf of the resident, shall have the right to be fully\ninformed by his or her physician, or other health or mental health\nprovider of his or her medical condition and proposed medication,\ntreatment and services, unless medically contraindicated, and to refuse\nmedication, treatment or services after being fully informed of the\nconsequences of such actions; provided that an operator acting\nreasonably and in good faith, shall not be held liable or penalized for\ncomplying with the refusal of such medication, treatment or services by\na resident or, in the case of a person who lacks capacity to consent to\nhis or her health care, a person legally authorized to consent on behalf\nof the resident, who has been fully informed of the consequences of such\nrefusal.\n (m) Every resident or, in the case of a person who lacks capacity to\nconsent to his or her health care, a person legally authorized to\nconsent on behalf of the resident, shall have the right to choose the\nresident's own health care providers for services not covered by his or\nher admission agreement.\n Waiver of any provision contained within this subdivision by a\nresident of an adult care facility shall be void.\n 4. Every resident of a residence for adults, adult home or enriched\nhousing program, shall be entitled to receive compensation for services\nperformed on behalf of such facility or persons affiliated therewith,\nand the operator of such facility shall maintain written records stating\nthe duties to be performed, the rate and type of compensation, and the\nhours and days during which these services will be performed.\n 5. Each operator shall give a copy of the statement of rights and\nresponsibilities to each resident at or prior to the time of admission\nto the facility, or to the appointed personal representative and to each\nmember of the facility's staff.\n 6. An operator or employee of a residence for adults, adult home or\nenriched housing program or any other entity which is a representative\npayee of a resident of such facility pursuant to designation by the\nsocial security administration or which otherwise assumes management\nresponsibility over the funds of a resident shall maintain such funds in\na fiduciary capacity to the resident. Any interest on money received and\nheld for the resident shall be the property of the individual resident.\n 7. Every operator of a residence for adults, adult home, enriched\nhousing program or family type home for adults shall post a long term\ncare ombudsman poster in such facility in the main entrance or public\nposting area where notices to residents are commonly displayed, or, if\nthere is no such main entrance or posting area, in the several public\nareas within the facility where notices to residents are commonly\ndisplayed, and shall make the long term care ombudsman brochure\navailable to residents upon request.\n