Kan. Admin. Regs. § 28-39-229 - Resident rights
(a) No resident
shall be presumed to be incompetent, to forfeit any legal rights,
responsibility or obligation, or to suffer any legal disability as a citizen,
unless otherwise prescribed by law, as a consequence of receiving care or
treatment in a nursing facility for mental health.
(1) Each resident shall have the right to be
evaluated, treated and habilitated in the least restrictive environment
possible.
(2) Each resident shall
have the right to contact a representative at the local community mental health
center about their care and treatment.
(3) Each resident shall be given free access
to the surrounding local community.
(4) Each resident shall have the right to
have daily opportunities for physical exercise and outdoor recreation.
(5) Each resident shall have the
right to have access to current newspapers, magazines and radio and television
programming.
(6) Each resident
shall have, at a minimum, the right at all times to communicate by unopened
mail with his or her immediate family, case manager, legal representative, and
representatives from the Kansas department on aging, Kansas department of
social and rehabilitation services and the Kansas department of health and
environment.
(b)
Resident work. Services performed by the resident shall be identified within
the mental health plan of care.
(1) A
resident engaged in work of benefit to the facility shall be paid wages
according to U.S. department of labor requirements.
(2) Residents performing work for the
facility shall not be used to replace paid employees to fulfill staffing
requirements.
(3) Residents shall
not be denied the opportunity to volunteer for work.
(4) Residents working outside the facility
shall be protected by the facility from exploitation.
(c) Choice. Activities shall allow maximum
flexibility for residents to exercise choice regarding what they will do and
when they will do it. Residents' individual preferences regarding such things
as menus, clothing, religious activities, friendships, activity programs,
entertainment, sleeping, eating and times to retire at night and arise in the
morning shall be elicited and considered by the facility.
(d) Communications. Each resident may
communicate, associate, and meet privately with persons of the resident's
choice, unless to do so would infringe upon the rights of other residents.
(e) Mail. Arrangements shall be
made to provide aid to residents who require assistance in reading or sending
mail.
(f) Visitors. Space shall be
provided for residents to receive visitors in comfort and privacy.
(g) Activities. Residents who wish to meet
with, or participate in, activities of social, religious or community groups in
or outside the facility, shall be informed, encouraged, and assisted to do so.
(h) Residents shall be permitted
to leave the facility and its surroundings at reasonable times unless there are
justifiable reasons established in writing by the attending physician, mental
health professional, or facility administrator for denying permission.
Notes
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No prior version found.