Iowa Admin. Code r. 481-57.24 - Residents rights
(1) Each
facility shall ensure that policies and procedures are written and implemented
which include, at a minimum, the provisions of this rule and which govern all
areas of service provided by the facility. These policies and procedures shall
be available to staff, residents, residents' families or legal representatives
and the public and shall be reviewed annually. (II, III)
(2) Policies and procedures shall include a method for
submitting complaints and recommendations by residents or their responsible
parties and for ensuring a response and disposition by the facility. (II, III)
The written procedures shall:
a. Ensure the
provision of assistance to residents as necessary to complete and submit
complaints and recommendations; (II, III)
b. Ensure protection of the resident from any form of
reprisal or intimidation; (II, III)
c. Include designation of an employee responsible for
handling grievances and recommendations; (II, III)
d. Include a method of investigating and assessing the
validity of a grievance or recommendation; (II, III) and
e. Include methods of recording grievances and actions
taken. (II, III)
(3)
Policies and procedures shall include provisions governing access to,
duplication of, and dissemination of information from the residents' records.
(II, III)
(4) Policies and
procedures shall include a provision that each resident shall be fully informed
of the resident's rights and responsibilities as a resident and of all rules
governing resident conduct and responsibilities. This information must be
provided upon the resident's admission, or in the case of residents already in
the facility, upon the facility's adoption or amendment of residents' rights
policies. (II, III)
a. The facility shall
communicate to residents prior to or within five days after admission what
residents may expect from the facility and its staff, and what is expected from
residents. The communication shall be in writing, e.g., in a separate handout
or brochure describing the facility, and interpreted verbally, e.g., as part of
a preadmission interview, resident counseling, or in individual or group
orientation sessions following the resident's admission. (II, III)
b. Residents' rights and responsibilities
shall be presented in language understandable to the resident. If the facility
serves residents who are non-English-speaking or deaf or hard of hearing, steps
shall be taken to translate the information into a foreign or sign language. In
the case of blind residents, either Braille or a recording shall be provided.
Residents shall be encouraged to ask questions about their rights and
responsibilities and these questions shall be answered. (II, III)
c. A statement shall be signed by the
resident, or the resident's responsible party , if applicable, indicating an
understanding of these rights and responsibilities and shall be maintained in
the resident's record. The statement shall be signed no later than five days
after admission, and a copy of the signed statement shall be given to the
resident or responsible party . (II, III)
d. In order to ensure that residents continue to be
aware of these rights and responsibilities during their stay, a written copy
shall be prominently posted in a location that is available to all residents.
(II, III)
e. All residents shall be
advised within 30 days following changes made in the statement of residents'
rights and responsibilities. Appropriate means shall be utilized to inform
non-English-speaking, deaf or hard-of-hearing, or blind residents of changes.
(II, III)
(5) Choice of
primary care provider . Each resident shall be permitted free choice of a
primary care provider , and pharmacy, if accessible. The facility may require
the selected pharmacy to utilize a drug distribution system compatible with the
system currently used by the facility. (II)
(6) Each resident shall be afforded the opportunity to
participate in the planning of the resident's total care and treatment, which
may include, but shall not be limited to, medical care, nutritional needs,
activities, and social work services. Each resident has the right to refuse
treatment except as provided by Iowa Code chapter 229. In the case of a
resident with impaired decision-making skills, the responsible party shall be
afforded the opportunity to participate in the planning of the resident's total
care and medical treatment and to be informed of the resident's medical
condition. (II, III)
(7) Each
resident shall be encouraged and assisted throughout the resident's period of
stay to exercise the resident's rights as a resident and as a citizen and may
voice grievances and recommend changes in policies and services to
administrative staff or to outside representatives of the resident's choice,
free from interference, coercion, discrimination, or reprisal. (II)
(8) The facility shall provide ongoing
opportunities for residents to be aware of and to exercise their rights as
residents. Residents shall be kept informed of changes in policies and services
that are more restrictive, and their views shall be solicited prior to action.
(II)
(9) The facility shall post in
a prominent area the text of Iowa Code section
135C.46 (Retaliation Prohibited)
and the name, telephone number, and address of the long-term care ombudsman,
the department , and the local law enforcement agency to provide residents a
further course of redress. (II)
(10) All rights and responsibilities of the resident
devolve to the resident's responsible party or any legal surrogate designated
in accordance with state law, to the extent permitted by state law. This
subrule is not intended to limit the authority of any individual acting
pursuant to Iowa Code chapter 144A. (II, III)
Notes
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