R9-10-810. Resident Rights

A. A manager shall ensure that, at the time of acceptance, a resident or the resident’s representative receives a written copy of the requirements in subsection (B) and the resident rights in subsection (C). B. A manager shall ensure that: 1. A resident is treated with dignity, respect, and consideration; 2. A resident is not subjected to: a. Abuse; b. Neglect; c. Exploitation; d. Coercion; e. Manipulation; f. Sexual abuse; g. Sexual assault; h. Seclusion; i. Restraint; j. Retaliation for submitting a complaint to the Department or another entity; or k. Misappropriation of personal and private property by the assisted living facility’s manager, caregivers, assistant caregivers, employees, or volunteers; and 3. A resident or the resident’s representative: a. Is informed of the following: i. The policy on health care directives, and ii. The resident complaint process; b. Consents to photographs of the resident before the resident is photographed, except that a resident may be photographed when accepted as a resident by an assisted living facility for identification and administrative purposes; c. Except as otherwise permitted by law, provides written consent before the release of information in the resident’s: i. Medical record, or ii. Financial records; d. May: i. Request or consent to relocation within the assisted living facility; and ii. Except when relocation is necessary based on a change in the resident’s condition as documented in the resident’s service plan, refuse relocation within the assisted living facility; e. Has access to the resident’s records during normal business hours or at a time agreed upon by the resident or resident’s representative and the manager; and f. Is informed of: i. The rates and charges for services before the services are initiated; ii. A change in rates or charges at least 30 calendar days before the change is implemented, unless the change in rates or charges results from a change in services; and iii. A change in services at least 30 calendar days before the change is implemented, unless the resident’s service plan changes. C. A resident has the following rights: 1. Not to be discriminated against based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, or diagnosis; 2. To receive assisted living services that support and respect the resident’s individuality, choices, strengths, and abilities; 3. To receive privacy in: a. Care for personal needs; b. Correspondence, communications, and visitation; and c. Financial and personal affairs; 4. To maintain, use, and display personal items unless the personal items constitute a hazard; 5. To choose to participate or refuse to participate in social, recreational, rehabilitative, religious, political, or community activities; 6. To review, upon written request, the resident’s own medical record; 7. To receive a referral to another health care institution if the assisted living facility is not authorized or not able to provide physical health services or behavioral health services needed by the patient; 8. To choose to access services from a health care provider, health care institution, or pharmacy other than the assisted living facility where the resident is residing and receiving services or a health care provider, health care institution, or pharmacy recommended by the assisted living facility; 9. To participate or have the resident’s representative participate in the development of, or decisions concerning, the resident’s service plan; and 10. To receive assistance from a family member, the resident’s representative, or other individual in understanding, protecting, or exercising the resident’s rights.