0720-21-.11
Resident Rights
Cite as Tenn. Comp. R. & Regs. 0720-21-.11
Each resident has at least the following rights:
(1)
To privacy in treatment and personal care;
(2)
To be free from mental and physical abuse. Should this right be violated, the facility must
notify the department within five (5) working days. The Tennessee Department of Human
Services, Adult Protective Services shall be notified immediately as required in T.C.A. § 71-6-
103;
(3)
To refuse treatment. The resident must be informed of the consequences of that decision,
and the refusal and its reason must be reported to the physician and documented in the
resident’s record;
(4)
To have his or her file kept confidential and private. Written consent by the resident must be
obtained prior to release of information except to persons authorized by law;
(5)
To be fully informed of the Resident’s Rights, of any policies and procedures governing
resident conduct, any services available in the home and the schedule of all fees for all
services;
(6)
To participate in drawing up the terms of the admission agreement, including providing for the
resident’s preferences for physician care, hospitalization, assisted living facility care, nursing
home care, acquisition of medication, emergency plans and funeral arrangements;
(7)
To be given thirty (30) days written notice prior to transfer or discharge, except when ordered
by any physician because a higher level of care is required;
(8)
To voice grievances and recommend changes in policies and services of the home with
freedom from restraint, interference, coercion, discrimination or reprisal. The resident shall be
informed of procedures for registering complaints confidentially and to voice grievances;
(9)
To manage his or her personal financial affairs, including the right to keep and spend his or
her own money. If the resident requests assistance from the home in managing his or her
personal financial affairs, the request must be in writing and may be terminated by the
resident at any time. The home must separate such monies from the home’s operating funds
and all other deposits or expenditures, submit a written accounting to the resident at least
quarterly, and immediately return the balance upon transfer or discharge. A current copy of
this report shall be maintained in the resident’s file maintained by the licensee;
(10) To be treated with consideration, respect and full recognition of his or her dignity and
individuality;
(11) To be accorded privacy for sleeping and for storage space for personal belongings;
(12) To have free access to day rooms, dining and other group living or common areas at
reasonable hours and to come and go from the home, unless such access infringes upon the
rights of other residents or unless the resident is admitted to the secured unit;
(13) To wear his or her own clothes, to keep and use his or her own toilet articles and personal
possessions;
(14) To send and receive unopened mail;
(15) To associate and communicate privately with persons of his or her choice, including receiving
visitors at reasonable hours;
STANDARDS FOR HOMES FOR THE AGED
CHAPTER 0720-21
(16) To participate or to refuse to participate in community activities, including cultural,
educational, religious, community service, vocational and recreational activities;
(17) To not be required to perform services for the home. The resident and licensee may mutually
agree, in writing, for the resident to perform certain activities or services as part of the fee for
his or her stay; and,
(18) To execute, modify, or rescind a Living Will.