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Federal Resident Rights

Resident Rights under federal law

Our residents have rights under federal law. Each state has outlined specific rights as well.

The Facility shall protect and promote the rights of each Resident, including each of the following rights:

1. The Resident has a right to a dignified existence, self-determination and communication with, and access to, persons and services inside and outside the Facility.

2. The Resident has a right to exercise his or her rights as a Resident of the Facility and as a citizen or resident of the United States.

3. The Resident has the right to be free of interference, coercion, discrimination or reprisal from the Facility in exercising his or her rights.

4. The Resident has the right to be fully informed, in a language he or she can understand, of his or her total health status, including, but not limited to, his or her medical condition.

5. The Resident has the right to refuse treatment and to refuse to participate in experimental research.

6. The Resident has the right to exercise his or her legal rights, including filing a grievance with the State survey and certification agency concerning Resident abuse, neglect and misappropriation of Resident property in the Facility.

7. The Resident has the right to manage his or her financial affairs.

8. The Resident has a right to choose an attending physician.

9. The Resident has a right to be fully informed in advance about care and treatment and any changes-in that care or treatment that may affect the Resident's well being.

10. The Resident has a right to participate in planning his or her care and treatment or changes in care and treatment unless adjudged incompetent or otherwise found to be incapacitated under the laws of the State.

11. The Resident has the right to personal privacy and confidentiality of his or her personal and clinical records.

12. The Resident or Legal Representative has the right upon oral or written request, to access all records pertaining to himself or herself, including clinical records, within twentyfour hours. After receipt of his or her records, the Resident or Legal Representative has the right to purchase (at a cost not to exceed the community standard) photocopies of the records or any portions of them upon request and with two days' advance notice to the Facility.

13. The Resident may approve or refuse the release of personal and clinical records to any individual outside the Facility except when:

A. The Resident is transferred to another health care institution.

B. Record release is required by law or a third-party payment contract.

14. The Resident has a right to voice grievances with respect t9 treatment or care that fails to be furnished without discrimination or reprisal for voicing grievances.

15. The Resident has a right to prompt efforts by the Facility to resolve grievances, including those with respect to the behavior of other Residents.

16. The Resident has a right to examine the results of the most recent survey of the Facility conducted by Federal or State surveyors and any plan of correction in effect with respect to the Facility.

17. The Resident has a right to receive information from agencies acting as client advocates and be afforded the opportunity to contact the agencies.

 

Last Updated 7/24/2008
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