16 Del. Admin. Code § 3315-8.0

Current through Register Vol. 28, No. 3, September 1, 2024
Section 3315-8.0 - Resident Rights
8.1 Every resident shall have the right to receive considerate, respectful, and appropriate care, treatment and services, recognizing each person's basic personal and property rights which include dignity and individuality.
8.2 Prior to the admission of a resident, the family care provider shall provide to the resident a complete statement enumerating all charges for services, materials and equipment which may be furnished during the period of residence.
8.2.1 Each resident or legal representative shall be made aware of these charges and sign a statement of agreement prior to admission.
8.2.2 The care provider will not engage in financial transactions with a resident other than the agreed upon rate and approved incidental expenses.
8.2.3 Any revocation and/or change in any part of the financial agreement shall be coordinated with the Affiliated Social Agency/Program, placement agency, or State Long Care Ombudsman.
8.3 Every resident shall receive respect and privacy in the resident's own medical care program.
8.4 Every resident shall be free from chemical and physical restraints imposed for purposes of discipline and convenience.
8.5 Every resident shall receive from the family care provider a courteous, timely and reasonable response to requests, and the family care provider shall make prompt efforts to resolve grievances. Responses to requests and grievances shall be made in writing upon written request by the resident.
8.6 Every resident may associate and communicate, including visits and visitation, privately and without restriction with persons and groups of the resident's own choice at any reasonable hour.
8.7 Every resident may send and shall receive mail promptly and unopened.
8.8 Every resident shall have access at any reasonable hour to a telephone where the resident may speak privately.
8.9 Every resident shall have access to writing instruments, stationery and postage.
8.10 Every resident has the right to manage her/his financial affairs.
8.10.1 If, by written request signed by the resident or the legal representative, the family care provider manages the resident's financial affairs, the family care provider shall:
8.10.1.1 Have a monthly accounting of expenditures available for inspection; and,
8.10.1.2 Shall furnish the resident or resident's legal representative with a quarterly statement of the resident's account.
8.10.1.3 The resident shall have unrestricted access to such account at reasonable hours.
8.11 If married, every resident shall enjoy privacy in visits by the resident's spouse.
8.12 Every resident has the right of privacy in the resident's own room and the family care provider shall respect this right by knocking on the door before entering the resident's room.
8.13 A resident shall not be required to perform services for the FCH.
8.14 Every resident shall have the right to retain and use the resident's own personal clothing and possessions where reasonable, and shall have the right to security in the storage and use of such clothing and possessions.
8.15 Every resident shall be fully informed, in language the resident can understand, of the resident's rights and all rules and regulations governing resident conduct and the resident's responsibilities during the stay at the FCH.
8.16 Every resident shall have the right to choose a personal attending physician.
8.17 Every resident shall have the right to examine the results of the most recent survey of the FCH.
8.18 Every resident shall have the right to receive information from the protection and advocacy agency and agencies acting as client advocates and be afforded the opportunity to contact those agencies.
8.19 Every resident shall be free from verbal, physical or mental abuse, cruel and unusual punishment, involuntary seclusion, withholding of monetary allowance, withholding of food and deprivation of sleep.
8.20 Every resident shall be free to make choices regarding activities, roommates, schedules, health care and other aspects of the resident's life that are significant to the resident, as long as such choices do not compromise the health or safety of the resident or other residents within the FCH.
8.21 Every resident has the right to participate in an ongoing program of activities designed to meet the resident's interests and physical, mental and psychosocial well-being.
8.22 Every resident shall have the right to participate in social, religious and community activities that do not interfere with the rights of other residents.
8.23 Every resident shall receive notice before the resident's room or roommate is changed, except in emergencies.
8.24 Every resident shall be encouraged to exercise the resident's own rights as a citizen of the State and the United States of America.
8.25 Each resident will be encouraged to be out of bed during the day unless ill.

16 Del. Admin. Code § 3315-8.0

18 DE Reg. 569( 1/1/2015) (Final)