HAR §11-99-29. Resident's rights

(a) Written policies regarding the rights and responsibilities of residents during their stay in the facility shall be established and shall be made available to the resident, to any guardian, next of kin, sponsoring agency or representative payee, and to the public. The facility's policies and procedures shall provide that each individual admitted to the facility shall: (1) Be fully informed, as evidenced by the resident's or guardian's written, signed acknowledgement prior to or at the time of admission and during stay, of these rights and of all regulations governing resident conduct. (2) Be fully informed, prior to or at the time of admission and during stay, of services available in or through the facility and of related charges, including any charges for services not covered by the facility's basic per diem rate. (3) Be advised that the residents have a right to have their medical condition and treatment discussed with them by a physician of their choice, unless medically contraindicated, and §11-99-29 to be afforded the opportunity to participate in the planning of their medical treatment and to refuse to participate in experimental research. (4) Have the right to refuse treatment after being informed of the medical benefits of the treatments and the medical consequence of such refusal. (5) Be transferred or discharged only for medical reasons, or for their welfare or that of other residents, or for nonpayment for their stay, and be given reasonable advance notice to ensure orderly transfer or discharge. Transfer or discharge actions shall be documented in the residents' health record. (6) Be encouraged and assisted throughout their period of stay to exercise their rights as a resident, and to this extent voice grievances and recommend changes in policies and services to the facility's staff or outside representative of their choice, free from restraint, interference, coercion, discrimination or reprisal. (7) Manage their personal financial affairs. In the event the facility agrees to manage the resident's personal funds, the conditions under which the facility will exercise the responsibility shall be explained to the resident, and shall meet the minimum requirements of §11-99-27. (8) Not be humiliated, harassed, injured, or threatened and shall be free from chemical and physical restraints. This does not exclude use of medication for treatment as ordered by a physician. Physical restraints may be used in an emergency, when necessary, to protect the resident from injury to himself or herself or others. In such an event, the resident's physician shall be notified as soon as possible and further orders obtained for care of the resident. (9) Be entitled to have their personal and medical records kept confidential and subject to release only as provided in §11-99-28. (10) Be treated with consideration, respect and §11-99-30 full recognition of their dignity and individuality, including privacy in treatment and in care. (11) Not be required to perform services for the facility, its licensee or staff that are not included for therapeutic purposes in their plan of care. (12) Have the right to associate and communicate privately with persons of their choice, and to send and receive their personal mail unopened. At their request, to be visited by members of the clergy at any time. (13) Have the right to meet with and participate in activities of social, religious, and community groups at their discretion. (14) Retain and use their personal clothing and possessions as space permits, unless to do so would infringe upon the rights of other residents. (15) Be assured privacy for visits and the right to share a room with a spouse. (16) Have daily visiting hours established. (17) Participate in a behavioral modification program involving the use of restraints or aversive stimuli only with the informed consent of the resident or parent or guardian if resident is a minor or incompetent adult. (b) Responsibilities of residents to the facility: The resident or responsible agent shall sign an acknowledgement of understanding which clearly states the policies of the facility with which the resident shall comply. [Eff. April 29, 1985] (Auth: HRS §§321-9, 321-10, 321-11, 333-53) (Imp: HRS §§333-52, 333-53, 622-57)