Tenn. Comp. R. & Regs. 0720-38-.15 - RESIDENT RIGHTS

(1) A TBI residential home shall ensure at least the following rights for each resident and shall not require a resident to waive any of the delineated rights:

(a) To be afforded privacy in treatment and personal care;

(b) To be free from mental and physical abuse. Should this right be violated, the TBI residential home shall notify the Department of Health and the Tennessee Department of Human Services, Adult Protective Services at 1-888-277-8366;

(c) To refuse treatment. A TBI residential home must inform the resident of the consequences of that decision. The TBI residential home must report the resident's refusal and his/her reason to the resident's treating physician and it must document such in the resident's record;

(d) To have his or her file kept confidential and private. A TBI residential home shall obtain the resident's written consent or the written consent of the resident's legal representative prior to release of information except as otherwise authorized by law;

(e) To be fully informed of the Resident's Rights, of any policies and procedures governing resident conduct, of any services available in the home, and of the schedule of all fees for any and all services;

(f) To participate in drawing up the terms of the admission agreement, including, but not limited to, providing for resident's preferences for physician care, hospitalization, nursing home care, acquisition of medication, preferences for hospice and home care providers, emergency plans and funeral arrangements;

(g) To be given thirty (30) days written notice prior to transfer or discharge, except when any physician orders the transfer because the resident requires a higher level of care;

(h) To voice grievances and recommend changes in policies and services of the TBI residential home without restraint, interference, coercion, discrimination or reprisal. A TBI residential home shall inform the resident, the resident's family member, or the resident's legal representative of procedures to voice grievances and for registering complaints confidentially;

(i) To manage his or her personal financial affairs, including the right to keep and spend his or her own money. If the resident or the resident's legal representative requests assistance from the TBI residential home in managing the resident's personal financial affairs, the request must be in writing and the resident may terminate it at any time. The TBI residential home must separate such monies from the TBI residential home's operating funds and all other deposits or expenditures, submit a written accounting to the resident or the resident's legal representative at least quarterly, and immediately return the balance upon transfer or discharge. The TBI residential home shall maintain a current copy of this report in the resident's file;

(j) To be treated with consideration, respect and full recognition of his or her dignity and individuality;

(k) To be accorded privacy for sleeping and for storage space for personal belongings;

(l) 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 TBI residential home, unless such access infringes upon the rights of other residents, in accordance with the resident's plan of care;

(m) To wear his or her own clothes and to keep and use his or her own toilet articles and personal possessions;

(n) To send and receive unopened mail;

(o) To associate and communicate privately with persons of his or her choice, including receiving visitors at reasonable hours;

(p) To participate, or to refuse to participate, in community activities, including cultural, educational, religious, community service, vocational and recreational activities, in accordance with the resident's plan of care;

(q) To not be required to perform services for the TBI residential home. The resident and licensee may mutually agree, in writing, that the resident may perform certain activities or services as part of the fee for the resident's stay and/or that the resident may perform certain activities or services as a component of the resident's plan of care; and

(r) To execute, modify, or rescind a Living Will, Do-Not-Resuscitate Order or advance directive.

Notes

Tenn. Comp. R. & Regs. 0720-38-.15

Original rule filed October 28, 2015; effective January 26, 2016. Transferred from chapter 1200-08-37 pursuant to Public Chapter 1119 of 2022 effective 7/1/2022.

Authority: T.C.A. §§ 68-11-206, 68-11-207, 68-11-209, 68-11-270, and 68-11-273.