Utah Admin. Code R432-270-10 - Residents' Rights
(1) Assisted living
licensees shall develop a written resident's rights statement based on this
section.
(2) The licensee shall
ensure the administrator or designee gives each resident a written description
of the resident's legal rights upon admission, including the following:
(a) a description of the manner of protecting
personal funds; and
(b) a statement
that the resident may file a complaint with the state long-term care ombudsman
and any other advocacy group concerning resident abuse, neglect, or
misappropriation of resident property in the facility.
(3) The licensee shall ensure the
administrator or designee notifies the resident or the resident's responsible
person at the time of admission, in writing and in a language and manner that
the resident or the resident's responsible person understands, of the
resident's rights and rules governing resident conduct and responsibilities
during the stay in the facility.
(4) The licensee shall ensure the
administrator or designee promptly notifies in writing the resident or the
resident's responsible person when there is a change in resident rights under
state law.
(5) The licensee shall
ensure resident rights include the right to:
(a) be treated with respect, consideration,
fairness, and full recognition of personal dignity and individuality;
(b) be transferred, discharged, or evicted by
the facility only in accordance with the terms of the signed admission
agreement;
(c) be free of mental
and physical abuse, and chemical and physical restraints;
(d) refuse to perform work for the
facility;
(e) perform work for the
facility if the facility consents and if:
(i)
the facility has documented the resident's need or desire for work in the
service plan;
(ii) the resident
agrees to the work arrangement described in the service plan;
(iii) the service plan specifies the nature
of the work performed and whether the services are voluntary or paid;
and
(iv) compensation for paid
services is at or above the prevailing rate for similar work in the surrounding
community;
(f) privacy
during visits with family, friends, clergy, social workers, ombudsmen, resident
groups, and advocacy representatives;
(g) share a unit with a spouse if both
spouses consent, and if both spouses are facility residents;
(h) privacy when receiving personal care or
services;
(i) keep personal
possessions and clothing as space permits;
(j) participate in religious and social
activities of the resident's choice;
(k) interact with members of the community
both inside and outside the facility;
(l) send and receive mail unopened;
(m) have access to telephones to make and
receive private calls;
(n) arrange
for medical and personal care;
(o)
have a family member or responsible person informed by the facility of
significant changes in the resident's cognitive, medical, physical, or social
condition or needs;
(p) leave the
facility at any time and not be locked into any room, building, or on the
facility premises during the day or night:
(i)
assisted living type II residents who have been assessed to require a secure
environment may be housed in a secure unit, provided the secure unit is
approved by the fire authority having jurisdiction; and
(ii) this right does not prohibit the locking
of facility entrance doors if egress is maintained;
(q) be informed of complaint or grievance
procedures and to voice grievances and recommend changes in policies and
services to facility staff or outside representatives without restraint,
discrimination, or reprisal;
(r) be
encouraged and assisted throughout the period of a stay to exercise these
rights as a resident and as a citizen;
(s) manage and control personal funds, or to
be given an accounting of personal funds entrusted to the facility, as provided
in Section R432-270-20 concerning
management of resident funds;
(t)
upon oral or written request, to access within 24 hours records pertaining to
the resident, including clinical records;
(u) two working days after the day of the
resident's oral or written request, to purchase at a cost not to exceed the
community standard photocopies of the resident's records or any portion
thereof;
(v) personal privacy and
confidentiality of personal and clinical records;
(w) be fully informed in advance about care
and treatment and of any changes in that care or treatment that may affect the
resident's well-being; and
(x) be
fully informed in a language and in a manner the resident understands of the
resident's health status and health rights, including the following:
(i) medical condition;
(ii) the right to refuse treatment;
(iii) the right to formulate an advance
directive in accordance with Title 75, Chapter 2a, Advance Health Care
Directive Act; and
(iv) the right
to refuse to participate in experimental
research.
(6)
The licensee shall ensure the following items are posted in a public area of
the facility that is easily accessible and visible by residents and the public:
(a) the long-term care ombudsmen's
notification poster;
(b)
information on Utah protection and advocacy systems; and
(c) a copy of the resident's
rights.
(7) The licensee
shall make the results of the current facility survey with any plans of
correction available in a public area of the facility.
(8)
(a) A
resident may organize and participate in resident groups in the facility, and a
resident's family may meet in the facility with the families of other
residents.
(b) The licensee shall
ensure private space is provided for resident groups or family
groups.
(c) Facility personnel or
visitors may attend resident group or family group meetings only at the group's
invitation.
(d) The administrator
shall designate an employee to provide assistance and respond to written
requests that result from group meetings.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.