Utah Admin. Code R432-270-9 - Residents' Rights
(1) Assisted living
facilities shall develop a written resident's rights statement based on this
section.
(2) The administrator or
designee shall give the resident a written description of the resident's legal
rights upon admission, including the following:
(a) a description of the manner of protecting
personal funds, in accordance with Section
R432-270-20;
and
(b) a statement that the
resident may file a complaint with the state long term care ombudsman and any
other advocacy group concerning resident abuse, neglect, or misappropriation of
resident property in the facility.
(3) The administrator or designee shall
notify the resident or the resident's responsible person at the time of
admission, in writing and in a language and manner that the resident or the
resident's responsible person understands, of the resident's rights and rules
governing resident conduct and responsibilities during the stay in the
facility.
(4) The administrator or
designee shall promptly notify in writing the resident or the resident's
responsible person when there is a change in resident rights under state
law.
(5) Resident rights include
the following:
(a) the right to be treated
with respect, consideration, fairness, and full recognition of personal dignity
and individuality;
(b) the right to
be transferred, discharged, or evicted by the facility only in accordance with
the terms of the signed admission agreement;
(c) the right to be free of mental and
physical abuse, and chemical and physical restraints;
(d) the right to refuse to perform work for
the facility;
(e) the right to
perform work for the facility if the facility consents and if:
(i) the facility has documented the
resident's need or desire for work in the service plan;
(ii) the resident agrees to the work
arrangement described in the service plan;
(iii) the service plan specifies the nature
of the work performed and whether the services are voluntary or paid;
and
(iv) compensation for paid
services is at or above the prevailing rate for similar work in the surrounding
community;
(f) the right
to privacy during visits with family, friends, clergy, social workers,
ombudsmen, resident groups, and advocacy representatives;
(g) the right to share a unit with a spouse
if both spouses consent, and if both spouses are facility residents;
(h) the right to privacy when receiving
personal care or services;
(i) the
right to keep personal possessions and clothing as space permits;
(j) the right to participate in religious and
social activities of the resident's choice;
(k) the right to interact with members of the
community both inside and outside the facility;
(l) the right to send and receive mail
unopened;
(m) the right to have
access to telephones to make and receive private calls;
(n) the right to arrange for medical and
personal care;
(o) the right to
have a family member or responsible person informed by the facility of
significant changes in the resident's cognitive, medical, physical, or social
condition or needs;
(p) the right
to leave the facility at any time and not be locked into any room, building, or
on the facility premises during the day or night:
(i) assisted living Type II residents who
have been assessed to require a secure environment may be housed in a secure
unit, provided the secure unit is approved by the fire authority having
jurisdiction; and
(ii) this right
does not prohibit the locking of facility entrance doors if egress is
maintained;
(q) the right
to be informed of complaint or grievance procedures and to voice grievances and
recommend changes in policies and services to facility staff or outside
representatives without restraint, discrimination, or reprisal;
(r) the right to be encouraged and assisted
throughout the period of a stay to exercise these rights as a resident and as a
citizen;
(s) the right to manage
and control personal funds, or to be given an accounting of personal funds
entrusted to the facility, as provided in Section
R432-270-20
concerning management of resident funds;
(t) the right, upon oral or written request,
to access within 24 hours records pertaining to the resident, including
clinical records;
(u) the right,
two working days after the day of the resident's oral or written request, to
purchase at a cost not to exceed the community standard photocopies of the
resident's records or any portion thereof;
(v) the right to personal privacy and
confidentiality of personal and clinical records;
(w) the right to be fully informed in advance
about care and treatment and of any changes in that care or treatment that may
affect the resident's well-being; and
(x) the right to be fully informed in a
language and in a manner the resident understands of the resident's health
status and health rights, including the following:
(i) medical condition;
(ii) the right to refuse treatment;
(iii) the right to formulate an advance
directive in accordance with Title 75, Chapter 2a, Advance Health Care
Directive Act; and
(iv) the right
to refuse to participate in experimental research.
(6) The following items must be
posted in a public area of the facility that is easily accessible and visible
by residents and the public:
(a) the long
term care ombudsmen's notification poster;
(b) information on Utah protection and
advocacy systems; and
(c) a copy of
the resident's rights.
(7) The facility shall have available in a
public area of the facility the results of the current survey of the facility
and any plans of correction.
(8) A
resident may organize and participate in resident groups in the facility, and a
resident's family may meet in the facility with the families of other
residents.
(a) The facility shall provide
private space for resident groups or family groups.
(b) Facility personnel or visitors may attend
resident group or family group meetings only at the group's
invitation.
(c) The administrator
shall designate an employee to provide assistance and to respond to written
requests that result from group meetings.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.