D.C. Mun. Regs. r. 22-A3823
As a community-based residential facility, MHCRFs shall optimize resident initiative, autonomy, and independence in making individual life choices, including but not limited to daily activities, physical environment, and personal interactions. Each resident has a right to select among placement options that are identified and documented in the person-centered treatment plan based upon the individual's needs, preferences, and the resources available for room and board. Each MHCRF shall comply with the Consumers' Rights Act, including affording residents the consumer rights set forth in Section 204 (D.C. Official Code § 7-1231.04).
Prior to the admission of each prospective resident, the MHCRF shall explain to the prospective resident and to the prospective resident's representative, if any, the prospective resident's rights and responsibilities, including the additional rights and responsibilities stated in the Consumers' Rights Act and this section. In combination with the resident's rights statement required in § 3823.3 below or separately, the MHCRF shall enter into a written agreement with the resident that explains the terms of occupancy including the monthly fee or rent, the discharge or transfer process, and resident appeals.
The MHCRF shall provide to the resident, and to the resident's representative, if any, a written statement of the resident's rights and responsibilities which shall be signed by the resident and resident's representative. The MHCRF shall maintain a copy of the signed statement in the resident's record.
A copy of the resident's rights statement shall also be posted in a visible location in a common area of the facility where residents congregate, and individual copies shall be available to residents upon request.
If a resident cannot read or understand English, the Operator, Residence Director, or responsible staff person shall arrange for the notice to be given orally and in writing in a language the resident can understand. The Director or the Core Services Agency shall provide assistance as needed.
Each resident, or resident's representative acting on the resident's behalf, shall be permitted to register grievances or complaints without the threat of the resident's discharge or other reprisal by the Operator or MHCRF staff.
Each MHCRF shall provide each resident at the time of admission with a copy of any grievance or complaint procedures. These procedures shall comply with Section 212 of the Consumers' Rights Act (D.C. Official Code § 7-1231.12) and 22-A DCMR, Chapter 3.
Each resident shall have the right to privacy in the provision of personal and medical care and in sleeping units.
Each resident shall have the right to actively participate in the development of the resident's Individual Recovery Plan.
Each resident shall have the right to receive adequate and humane treatment by competent qualified staff and to be free from physical, emotional, sexual, or financial abuse, neglect, harassment, coercion, restraint and exploitation.
Each resident shall have the right to have his or her medical and treatment records and all the information they contain kept confidential in accordance with the Mental Health Information Act and any other District or federal law that governs medical or treatment records.
Each resident shall have the right to review copies of all treatment plans and all other medical, financial, and administrative records pertaining to the resident that the MHCRF maintains.
Each resident shall have the right to free communication with and reasonable visitation by individuals of his or her choosing, including but not limited to a personal physician, attorney, clergy, family members, friends, significant other, personal representative, and guardian.
Each resident shall have reasonable opportunities for social interaction with members of either sex, unless such interaction is specifically limited or withheld under the resident's Individual Recovery Plan in accordance with Section 204 of the Consumers' Rights Act (D.C. Official Code § 7-1231.04).
Each resident shall have the right to send and receive sealed mail in conformity with Section 204 of the Consumers' Rights Act (D.C. Official Code § 7-1231.04).
Each resident shall have the right to communicate freely and confidentially with the resident's attorney, the courts, representatives of the District of Columbia Government, the D.C. Long-Term Care Ombudsman, and University Legal Services or any other organization currently responsible for advocacy under the Protection and Advocacy for Mentally Ill Individuals Act of 1986, 42 U.S.C. §§ 10801et seq., in the District of Columbia.
Each resident shall have reasonable access to a telephone to make and receive confidential calls.
Each resident shall have the right to accept or refuse life sustaining medical treatment and to execute advanced directives about medical treatment decisions.
Each resident shall have the right to refuse psychiatric treatment, including psychotropic medication, and supportive services, subject to applicable federal or District law, court order, or Department rules governing the involuntary administration of medication.
Representatives of the District of Columbia government, the agency responsible for the protection and advocacy system for persons with mental illness, and the LTCO, upon presentation of proper identification, shall have immediate access to residents in MHCRFs.
No resident shall have any religious belief or practice imposed upon him or her.
Each resident shall have the right to participate in social, religious, or community activities that do not interfere with the rights of other residents or cause a substantial disruption to the normal functioning of the residence.
Representatives of the Office of the District of Columbia LTCO Program shall have access to residents in MHCRFs in accordance with the District of Columbia Long-Term Care Ombudsman Act.
Representatives of the agency responsible for the protection and advocacy system for persons with mental illness shall have access to residents in MHCRFs in accordance with the Protection and Advocacy for Mentally Ill Individuals Act.
Each resident shall have the right to manage his or her own financial affairs unless the resident has a court-appointed legal guardian or conservator or a duly appointed representative payee.
A MHCRF shall not:
Other than routine household duties, no resident shall be required to perform unpaid work.
Except as provided in Title 21, Chapter 5 of the District of Columbia Official Code pertaining to hospitalization of the mentally ill, each transfer, discharge or relocation of a resident within a MHCRF shall comply with Title III of the Nursing Home and Community Residence Facility Residents' Protection Act of 1985 (D.C. Official Code, §§ 44-1003.01 to 44-1003.13) and Section 3861.
Upon admission, each resident shall be provided a copy of the MHCRF's house rules and Program Statement.
Each MHCRF shall have house rules that are consistent with this chapter and with Model House Rules provided to Operators by the Director. Each MHCRF shall encourage resident input and participation in the development and implementation of house rules. At a minimum, the rules shall address:
The resident shall comply with the MHCRF's rules during his or her residency at the MHCRF, except where a rule violates other provisions of this chapter or District of Columbia law.
Each resident shall pay the MHCRF on a monthly basis the amount that has been agreed upon in writing for the care provided to the resident as provided in § 3824.
Each MHCRF shall assist the resident in registering and exercising the resident's right to vote.
Each MHC RF shall, at all times, treat residents with consideration and respect for the resident's dignity, autonomy, and privacy. Respectful treatment shall also be extended to the resident's family members, personal representative, attorney-in-fact, and guardian.
D.C. Mun. Regs. r. 22-A3823