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WHAT ARE YOUR
RIGHTS AS AN ASSISTED LIVING RESIDENT
WHAT TREATMENT AND CARE CAN YOU
EXPECT?
» As an assisted living
resident, you have the right to be treated with consideration and respect,
with full recognition of your human dignity and individuality.
» Your treatment, care and
services must be adequate, appropriate, and promote your social,
emotional, physical and spiritual health. For example, you have a right to
a service plan based on an assessment of your needs; you also have a right
to three meals and additional snacks each day.
» Your treatment must be
free of verbal, mental, physical and sexual abuse, involuntary seclusion,
neglect, and exploitation. Physical and/or chemical restraints can only be
used if your doctor has ordered them as appropriate for treatment of your
medical symptoms or conditions.
» You and the other
residents of the assisted living facility have the right to have enough
staff members in the facility to meet your needs. There should always be a
staff person in the facility when a resident is there.
» You have to right to
refuse treatment after the consequences of refusing treatment have been
explained fully to you. NOTE: It is possible that if you choose to refuse
treatment, the provider may decide to terminate your contract and
discharge you.
PRIVACY AND CONFIDENTIALITY
» You have the right to
have privacy when you make telephone calls or have visitors, and staff
must knock on your door before entering (unless they know you are asleep).
» You can meet privately
with anyone you choose, according to reasonable visiting hours and
visiting areas which must be posted by the assisted living manager.
» You have the right to
send and receive mail without delay, and without your mail being opened,
censored, controlled, or restricted. You must have access to writing
instruments, stationery and postage. Only you or your legal representative
can request any modifications or restrictions in how you send and receive
your mail.
» Unless otherwise provided
by law, your health care records should not be given to anyone not
directly involved in your care. [An example of when the law provides that
your records may be shared is if the provider needs to transfer you to
another facility, such as a hospital.] Also, any discussions about your
health, medical diagnosis and treatment should be held in private.
SELF-DETERMINATION AND
PERSONAL CHOICE
» You have the right to
participate in developing your own care plan and medical treatment.
» You or someone of your
choice may manage your personal financial affairs.
» You have the right to
have a lawyer and to meet with him/her in private.
» You can choose whether
you want to attend religious services or receive visits from members of
the clergy.
» You can decide what
clothing to wear, how to wear your hair, and what personal effects to keep
in your own area – as space and safety permit. The assisted living
program must have a reasonable security policy for the protection of your
personal property.
» If you share a room, to
the extent possible, you should have input into the choice or a roommate,
including the right to share a room with your spouse. You also have the
right to receive notice before there is a change in roommates.
SAFETY AND LIVABILITY OF THE
HOME
» The facility building
should be clean and in good repair, and you have a right to outside
activity space.
» The facility must be
heated to at least 70 degrees in cold weather and cooled to at least 80
degrees in hot weather.
HOW DO I MAKE SUGGESTIONS,
COMPLAINTS AND GRIEVANCES?
» You (or your
representative) have the right to make suggestions or complaints and to
present grievances on your own behalf or on behalf of others without
threat or fear or retaliation.
» You are entitled to a
prompt response from the assisted living provider, who is required to give
you a copy of their established grievance procedure. You also have the
right to make suggestions, complaints or grievances to:
- The adult protective services division
of the local department of social services;
- The Office of Health Care Quality; and
- The protection and advocacy agencies
WHAT ARE MY DISCHARGE RIGHTS?
» You have a right to 30 days
notice if the facility wants to discharge you against your will. Likewise,
if you plan to leave the facility for any reason other than a medical
emergency, you must give the facility 30 days notice. In case of a medical
emergency, neither you nor the facility must give 30 days notice.
» Your Resident Agreement
(contract) with the assisted living provider should clearly state under what
circumstances or conditions you might be involuntarily discharged from the
facility.
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