Implementation of Resident Rights and Facility Responsibilities

Section 340 Section 340.1400  Implementation of Resident Rights and Facility Responsibilities a) The facility shall establish written policies and procedures to implement the responsibilities and rights provided in Article II of the Act, Resident Rights and Facility Responsibilities. The policies shall include the procedure for the investigation and resolution of resident complaints under the Act. The policies shall be clear and unambiguous and shall be available for inspection by any person.  A summary of the policies and procedures, printed in not less than 12 point type, shall be distributed to each resident and representative. (Section 2-210 of the Act) b)         The facility shall provide copies of these policies and procedures upon request to next of kin, sponsoring agencies, representative payees and the public. c) Each resident and resident's guardian or other person acting for the resident shall be given a written explanation, prepared by the Office of the State Long Term Care Ombudsman, of all the rights enumerated in Part I of Article II And in Part 4 of Article III of the Act at the time of admission to a facility or as soon thereafter as the condition of the resident permits, but in no event later that 48 hours after admission, and again at least annually thereafter.  For residents of facilities participating in Title 18 or 19 of the Social Security Act, the explanation shall include an explanation of residents' rights enumerated in that Act.  If a resident is unable to read such written explanation, it shall be read to the resident in a language the resident understands.  In the case of a minor or a person having a guardian or other person acting for him, both the resident and the parent, guardian or other person acting for the resident shall be fully informed of these rights and responsibilities. (Section 2-211 of the Act) d)         The resident, resident's representative, guardian, or parent of a minor resident shall acknowledge in writing the receipt from the facility of a copy of all resident rights set forth in Article II of the Act and a copy of all facility policies implementing such rights. e) The facility shall ensure that its staff is familiar with and observes the rights and responsibilities enumerated in the Act and this Part.  (Section 2-212 of the Act)