Ariz. Admin. Code § 9-10-810

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-10-810 - Resident Rights

A. A manager shall ensure that, at the time of acceptance, a resident or the resident's representative receives a written copy of the requirements in subsection (B) and the resident rights in subsection (C).

B. A manager shall ensure that:

1. A resident is treated with dignity, respect, and consideration;

2. A resident is not subjected to:

a. Abuse;

b. Neglect;

c. Exploitation;

d. Coercion;

e. Manipulation;

f. Sexual abuse;

g. Sexual assault;

h. Seclusion;

i. Restraint;

j. Retaliation for submitting a complaint to the Department or another entity; or

k. Misappropriation of personal and private property by the assisted living facility's manager, caregivers, assistant caregivers, employees, or volunteers; and

3. A resident or the resident's representative:

a. Is informed of the following:

i. The policy on health care directives, and

ii. The resident complaint process;

b. Consents to photographs of the resident before the resident is photographed, except that a resident may be photographed when accepted as a resident by an assisted living facility for identification and administrative purposes;

c. Except as otherwise permitted by law, provides written consent before the release of information in the resident's:

i. Medical record, or

ii. Financial records;

d. May:

i. Request or consent to relocation within the assisted living facility; and

ii. Except when relocation is necessary based on a change in the resident's condition as documented in the resident's service plan, refuse relocation within the assisted living facility;

e. Has access to the resident's records during normal business hours or at a time agreed upon by the resident or resident's representative and the manager; and

f. Is informed of:

i. The rates and charges for services before the services are initiated;

ii. A change in rates or charges at least 30 calendar days before the change is implemented, unless the change in rates or charges results from a change in services; and

iii. A change in services at least 30 calendar days before the change is implemented, unless the resident's service plan changes.

C. A resident has the following rights:

1. Not to be discriminated against based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, or diagnosis;

2. To receive assisted living services that support and respect the resident's individuality, choices, strengths, and abilities;

3. To receive privacy in:

a. Care for personal needs;

b. Correspondence, communications, and visitation; and

c. Financial and personal affairs;

4. To maintain, use, and display personal items unless the personal items constitute a hazard;

5. To choose to participate or refuse to participate in social, recreational, rehabilitative, religious, political, or community activities;

6. To review, upon written request, the resident's own medical record;

7. To receive a referral to another health care institution if the assisted living facility is not authorized or not able to provide physical health services or behavioral health services needed by the patient;

8. To choose to access services from a health care provider, health care institution, or pharmacy other than the assisted living facility where the resident is residing and receiving services or a health care provider, health care institution, or pharmacy recommended by the assisted living facility;

9. To participate or have the resident's representative participate in the development of, or decisions concerning, the resident's service plan; and

10. To receive assistance from a family member, the resident's representative, or other individual in understanding, protecting, or exercising the resident's rights.

Ariz. Admin. Code § R9-10-810

Adopted as an emergency effective October 26, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-4). Emergency expired. Readopted without change as an emergency effective January 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-1). Emergency expired. Readopted without change as an emergency effective April 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-2). Emergency expired. Readopted without change as an emergency effective July 31, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Permanent rules adopted effective October 30, 1989 (Supp. 89-4). Former Section R9-10-810 renumbered to R9-10-813; new Section R9-10-810 made by final rulemaking at 9 A.A.R. 319, effective March 31, 2003 (Supp. 03-1). Section repealed; new Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 1409, effective 7/1/2014. Amended by final rulemaking at 25 A.A.R. 1583, effective 10/1/2019.