Utah Admin. Code R432-150-11 - Resident Rights

(1) The licensee shall establish written resident rights.

(2) The licensee shall post resident rights in areas accessible to a resident.

(3) The licensee shall ensure a copy of the resident rights document is available to:

(a) each resident;

(b) each residents' guardian or responsible person; and

(c) to the public and OL upon request.

(4) The licensee shall ensure that each resident admitted to the facility has the right to:

(a) allow relatives or responsible persons to visit a critically ill resident at any time;

(b) associate and communicate privately with persons of the resident's choice, and to send and receive personal mail unopened;

(c) be allowed privacy for visits with family, friends, clergy, social workers, or for professional or business purposes;

(d) be assured confidential treatment of personal and medical records, including photographs, and to approve or refuse their release to any individual outside the facility, except in the case of transfer to another health facility, or as required by law or third-party payment contract;

(e) be encouraged and assisted throughout the period of stay to exercise any rights as a resident and as a citizen;

(f) be free from abuse, neglect, and exploitation and from chemical and physical restraints;

(g) be given reasonable advance notice to ensure orderly transfer or discharge;

(h) be informed, at the time of admission and during the stay, of resident rights and of any rules or laws governing resident conduct;

(i) be informed, at the time of admission and during the stay, of services available in the facility and of related charges, including any charges for services not covered by the licensee's basic per diem rate or not covered under Titles XVIII or XIX of the Social Security Act;

(j) be informed by a licensed practitioner of current total health status, including current medical condition, unless medically contraindicated, the right to refuse treatment, and the right to formulate an advance directive in accordance with Section 75-2a-107;

(k) be transferred or discharged only for:

(i) nonpayment for the stay;

(ii) personal welfare or welfare of another resident; or

(iii) medical reasons;

(l) be treated with consideration, respect, and full recognition of dignity and individuality, including privacy in treatment and in care for personal needs;

(m) choose activities, schedules, and health care consistent with individual interests, assessments, and care plan;

(n) have access to the state long term care ombudsman program or representatives of the long term care ombudsman program;

(o) have confidential access to telephones for both free local calls and for accommodation of long-distance calls according to facility policy;

(p) have members of the clergy admitted at the request of the resident or responsible person at any time;

(q) if married, to be assured privacy for visits by the spouse and if both are residents in the facility, to be permitted to share a room;

(r) interact with members of the community both inside and outside the facility;

(s) keep and use personal clothing and possessions as space permits, unless to do so would infringe upon rights of another resident;

(t) make choices about any aspects of life in the facility that are significant to the resident;

(u) manage personal financial affairs or to be given at least a quarterly accounting of financial transactions made on their behalf should the licensee accept their written delegation of this responsibility;

(v) meet with social, religious, and community groups and participate in activities provided that the activities do not interfere with the rights of any other resident in the facility;

(w) not be required to perform services for the facility that are not included for therapeutic purposes in the care plan; and

(x) voice grievances and recommend changes in policies and services to facility staff and outside representatives of personal choice, free from restraint, interference, coercion, discrimination, or reprisal.

(5)

(a) A resident has the right to organize and participate in resident and family groups in the facility.

(b) A resident's family has the right to meet in the facility with the families of other residents in the facility.

(c) The licensee shall provide a resident or family group, if one exists, with private space.

(d) Staff or visitors may attend meetings at the group's invitation.

(e) The licensee shall designate a staff person responsible for assisting and responding to written requests that result from group meetings.

(f) If a resident or family group exists, the licensee shall listen to the views and act upon the grievances and recommendations of the resident or family group concerning proposed policy and operational decisions affecting resident care and life in the facility.

(6) The licensee shall:

(a) accommodate resident needs and preferences, except when the health and safety of the individual or another resident may be endangered;

(b) ensure a resident is given at least a 24-hour notice before an involuntary room move is made in the facility;

(c) ensure that in an emergency when there is actual or threatened harm to others, property, or self, the 24-hour notice requirement for an involuntary room move may be waived if the circumstances requiring the emergency room change are documented for OL review; and

(d) make and document efforts to accommodate the resident's adjustment and choices regarding room and roommate changes.

(7) If a licensee is entrusted with a residents funds or valuables, the licensee or staff may not use resident funds or valuables or mingle them with their own and shall:

(a) deposit any money over $100 in an interest-bearing account;

(b) deposit each resident's funds not kept in the facility within five days of receipt of the funds in an interest-bearing, insured account in a local bank or savings and loan association authorized to do business in Utah;

(c) ensure each resident's account is kept current with columns for debits, credits, and balance;

(d) ensure each residents funds and valuables are separate, intact, and free from any liability that the licensee incurs in the use of their own or the institution's funds and valuables;

(e) ensure records of each resident's funds and other valuables entrusted to the licensee for safekeeping include a copy of the receipt furnished to the resident or to the person responsible for the resident;

(f) ensure records of each resident's funds that are maintained as a drawing account include a control account for any receipts and expenditures, an account for each resident, and supporting vouchers filed in chronological order;

(g) maintain a separate account for each facility, when a licensee is licensed to operate more than one health facility, and may not commingle resident funds from one facility with another;

(h) maintain adequate safeguards and accurate records of each resident's monies and valuables entrusted to the licensee's care;

(i) provide evidence of the purchase of a surety bond or other equivalent assurance to secure any resident funds, upon license renewal;

(j) surrender any money and valuables kept within the facility upon demand and make available any money kept in an interest-bearing account within three working days; and

(k) surrender upon discharge any resident money and valuables that have been entrusted to the licensee in exchange for a signed receipt.

(8)

(a) Within 30 days following the death of a resident, except in a case under investigation by the medical examiner, the licensee shall surrender any money and valuables of the resident that have been entrusted to the licensee to the person responsible for the resident or to the executor or the administrator of the estate in exchange for a signed receipt.

(b) If a resident dies without a representative or known heirs, the licensee shall immediately notify the local probate court and OL in writing.

Notes

Utah Admin. Code R432-150-11

Amended by Utah State Bulletin Number 2024-01, effective 12/12/2023 Amended by Utah State Bulletin Number 2025-05, effective 2/18/2025