§ 23-17.4-16. Rights of residents.
(a) Every assisted living residence for adults licensed under this chapter shall observe
the following standards and any other appropriate standards as may be prescribed in
rules and regulations promulgated by the licensing agency with respect to each resident
of the residence:
(1) Residents are entitled to all rights recognized by state and federal law with respect
to discrimination, service decisions (including the right to refuse services), freedom
from abuse and neglect, privacy, association, and other areas of fundamental rights
including the right to freedom of religious practice. Some of these basic rights include:
(i) To be offered services without discrimination as to sex, race, color, religion, national
origin, or source of payment;
(ii) To be free from verbal, sexual, physical, emotional, and mental abuse, corporal punishment,
and involuntary seclusion;
(iii) To be free from physical or chemical restraints for the purpose of discipline or convenience
and not required to treat the resident's medical symptoms. No chemical or physical
restraints will be used except on order of a physician;
(iv) To have their medical information protected by applicable state confidentiality laws;
(v) To have a service animal, consistent with the "reasonable accommodations� clause of
the Fair Housing Act, 42 U.S.C. § 3601 et seq. (such as a seeing eye dog); and
(2) In addition to these basic rights enjoyed by other adults, the residents of assisted
living also have the right to:
(i) Be treated as individuals and with dignity, and be assured choice and privacy and
the opportunity to act autonomously;
(ii) Upon request have access to all records pertaining to the resident, including clinical
records, within the next business day or immediately in emergency situations;
(iii) Arrange for services not available through the setting at their own expense as long
as the resident remains in compliance with the resident contract and applicable state
law and regulations;
(iv) Upon admission and during the resident's stay be fully informed in a language the
resident understands of all resident rights and rules governing resident conduct and
responsibilities. Each resident shall:
(A) Receive a copy of their rights;
(B) Acknowledge receipt in writing; and
(C) Be informed promptly of any changes;
(v) Remain in their room or apartment unless a change in room or apartment is related
to resident preference or to transfer conditions stipulated in their contract;
(vi) Consistent with the terms of the resident contract, furnish their own rooms and maintain
personal clothing and possessions as space permits, consistent with applicable life
safety, fire, or similar laws, regulations, and ordinances;
(vii) Be encouraged and assisted to exercise rights as a citizen; to voice grievances through
a documented grievance mechanism and suggest changes in policies and services to either
staff or outside representatives without fear of restraint, interference, coercion,
discrimination, or reprisal;
(viii) Have visitors of their choice without restrictions so long as those visitors do not
pose a health or safety risk to other residents, staff, or visitors, or a risk to
property, and comply with reasonable hours and security procedures;
(ix) Have personal privacy in their medical treatment, written communications and telephone
communications, and, to the fullest extent possible, in accommodation, personal care,
visits, and meetings;
(x) Have prominently displayed a posting of the facility's grievance procedure, the names,
addresses, and telephone numbers of all pertinent resident advocacy groups, the state
ombudsperson, and the state licensing agency;
(xi) Choose his or her own physician(s) and have ready access to the name, specialty, and
way of contacting the physician(s) responsible for the resident's care;
(xii) Have the residence record and periodically update the address and telephone number
of the resident's legal representative or responsible party;
(xiii) Manage his or her financial affairs. The residence may not require residents to deposit
their personal funds with the residence. Upon written authorization of a resident
and with the agreement of the residence, the residence holds, safeguards, manages,
and accounts for personal funds of the resident as follows:
(A) Funds in excess of three hundred dollars ($300) must be in an interest bearing account,
separate from any residence operating account that credits all interest on the resident's
funds to that account and the residence shall purchase a surety bond on this account;
(B) A full and separate accounting of each resident's personal funds maintained must be
available through quarterly statements and on request of the resident;
(C) Resident funds shall not be commingled with residence funds or with funds of any person
other than another resident;
(D) Upon the death of a resident, the residence must convey within thirty (30) days the
resident's funds deposited with the residence and a full accounting of those funds
to the resident's responsible party or the administrator of the resident's estate;
(xiv) Have access to representatives of the state ombudsperson and to allow the ombudsperson
to examine a resident's records with the permission of the resident and consistent
with state law;
(xv) Be informed, in writing, prior to or at the time of admission or at the signing of
a residential contract or agreement of:
(A) The scope of the services available through the residence service program, including
health services, and of all related fees and charges, including charges not covered
either under federal and/or state programs or by other third party payors or by the
residence's basic rate;
(B) The residence's policies regarding overdue payment including notice provisions and
a schedule for late fee charges;
(C) The residence's policy regarding acceptance of state and federal government reimbursement
for care in the facility both at time of admission and during the course of residency
if the resident depletes his or her own private resources;
(D) The residence's criteria for occupancy and termination of residency agreements;
(E) The residence's capacity to serve residents with physical and cognitive impairments;
(F) Support any health services that the residence includes in its service package or
will make appropriate arrangements to provide the services;
(xvi) To be encouraged to meet with and participate in activities of social, religious,
and community groups at the resident's discretion;
(xvii) Upon provision of at least thirty (30) days notice, if a resident chooses to leave
a residence, the resident shall be refunded any advanced payment made provided that
the resident is current in all payments;
(xviii) To have the residence discharge a resident only for the following reasons and within
the following guidelines:
(A) Except in life threatening emergencies and for nonpayment of fees and costs, the residence
gives thirty (30) days' advance written notice of termination of residency agreement
with a statement containing the reason, the effective date of termination, and the
resident's right to an appeal under state law;
(B) If the resident does not meet the requirements for residency criteria stated in the
residency agreement or requirements of state or local laws or regulations;
(C) If the resident is a danger to himself or herself or the welfare of others and the
residence has attempted to make a reasonable accommodation without success to address
the resident's behavior in ways that would make termination of residency agreement
or change unnecessary, which would be documented in the resident's records;
(D) For failure to pay all fees and costs stated in the contract, resulting in bills more
than thirty (30) days outstanding. A resident who has been given notice to vacate
for nonpayment of rent has the right to retain possession of the premises, up to any
time prior to eviction from the premises, by tendering to the provider the entire
amount of fees for services, rent, interest, and costs then due. The provider may
impose reasonable late fees for overdue payment; provided that the resident has received
due notice of those charges in accordance with the residence's policies. Chronic and
repeated failure to pay rent is a violation of the lease covenant. However the residence
must make reasonable efforts to accommodate temporary financial hardship and provide
information on government or private subsidies available that may be available to
help with costs; and
(E) The residence makes a good faith effort to counsel the resident if the resident shows
indications of no longer meeting residence criteria or if service with a termination
notice is anticipated;
(xix) To have the residence provide for a safe and orderly move out, including assistance
with identifying a resource to help locate another setting, regardless of reason for
move out;
(xx) To have the resident's responsible person and physician notified when there is:
(A) An accident involving the resident that results in injury and required physician intervention;
(B) A significant change in the resident's physical, mental, or psychosocial status or
treatment;
(xxi) To be able to share a room or unit with a spouse or other consenting resident of the
residence in accordance with terms of the resident contract;
(xxii) To live in a safe and clean environment;
(xxiii) To have and use his or her own possessions where reasonable and have an accessible
lockable space provided for security of small personal valuables;
(xxiv) To receive a nourishing, palatable, well balanced diet that meets his or her daily
nutritional and special medical dietary needs;
(xxv) To attain or maintain the highest practicable physical, mental, and psychosocial well
being;
(xxvi) To be allowed to maintain an amount of money to cover reasonable monthly personal
expenses, the amount of which shall be at least equal to that amount required for
individuals on SSI as provided under § 40-6-27(a)(3);
(xxvii) To have the residence implement written policies and procedures to ensure that all
facility staff are aware of and protect the resident's rights contained in this section;
and
(xxviii) Upon request, the resident shall have the right to receive information concerning
hospice care, including the benefits of hospice care, the cost, and how to enroll
in hospice care.
(b) For purposes of subdivisions (a)(2)(ii), (iv), (xi), (xiii), (xiv), (xvii), (xviii)(A)
and (xxviii), the term "resident� also means the resident's agent as designated in
writing or legal guardian.