Residents of State licensed adult residential care homes shall be fully informed orally or in writing, prior to or at the time of admission, of their rights and of all rules governing resident conduct.
Rights shall include:
- Reasonable accommodations for interpreter services, whose costs shall not be the responsibility of the primary caregiver
- Services available to the resident and related charges
- Advance written notice, of not less than thirty days, of involuntary transfer or discharges, except in an emergency
Residents shall:
- Be encouraged and assisted to exercise the right to vote, voice grievances, recommend changes in policies and services to caregivers or outside representatives of the resident’s choice
- Free from interference, coercion, discrimination, or reprisal
- Informed of the conditions under which the Adult Residential Care Home may manage the resident’s personal financial affairs
- Free from chemical and physical restraints (unless specific conditions apply) and not be humiliated, harassed, or threatened
- Treated with understanding, respect, dignity, and individuality
- Provided privacy in treatment and while providing personal care needs
- Free from ill treatment, physical punishment, exploitation, neglect, physical or psychological abuse and protected from further potential abuse while an investigation is in progress
- Be in an environment free of weapons, illicit drugs or other conditions that may cause the resident to feel unsafe
- Perform services for the primary or substitute caregivers only when agreement by the resident, resident's family, resident's legal guardian, surrogate or representative, has been obtained and documented
- Have the right to associate and communicate privately with persons of their choosing
- Send and receive personal mail unopened
- Have the right to refuse visitors
- Have the right to meet with and participate in social, religious, health and community group activities at the resident's discretion, unless medically contra-indicated
- Have the right to refuse to participate in social, religious, or health and community group activities
- Make contacts with the community and to achieve the highest level of independence, autonomy, and interaction with the community of which the resident is capable
- Manage his or her financial affairs, or be given at least a quarterly accounting of financial transactions made on his or her behalf by the ARCH, in conformance with state law
- Participate in the planning of his or her schedule of activities, and/or care plan and medical treatment
- Retain and use personal clothing and possessions as space permits, unless doing so infringes upon the rights of other residents or is specifically forbidden by written orders of the resident's physician or APRN
- If married, be assured of privacy for visits by the spouse and, if both are residents in the home, be permitted to share a room if agreeable to both
- Have flexible daily visiting hours and provisions for privacy established
- Have the right to reject living in a particular facility
- Provide the primary caregiver with a fourteen-day notice when wishing to transfer to another facility
- Have the right to request food preferences and not have dietary restrictions as punishment
- Have the right to locked storage space
- Have their personal and medical records kept confidential and subject to release only as provided by State law
- Have access to a telephone providing privacy.
The resident, resident’s family, legal guardian, surrogate, sponsoring agency, representative payee, or the public shall be provided a written copy of the residents’ rights and responsibilities upon request.
In addition to the resident's rights of residents in adult residential care homes, residents of expanded adult residential care homes shall have the following rights:
- Be fully informed, orally and in writing, prior to or at the time of admission, of individual rights and responsibilities and of all rules governing resident conduct
- Immediate transfer effected through the case manager, when the expanded adult residential care home resident's health and safety is threatened
- Immediate transfer shall trigger a waiver of the thirty day minimum notice requirement for transfers or discharges by the expanded adult residential care home and a waiver of the fourteen day minimum notice requirement for transfers, requested by the resident, the resident's family or surrogate
- Choose a primary physician or Advance Practice Registered Nurse (APRN) and case manager
- Be afforded privacy curtains or screens when required to share a room with another resident
Residents of State licensed assisted living facilities shall be informed of their rights, including steps for complaints and appeals upon admission. Please review your service contract which documents a completed agreement between the resident and the facility, describing services to be provided, rates charged, and conditions under which additional services or fees may be charged.
