Rule 290-9-37-.19 - Residents Rights(1) Rules and Regulations for Clients' Rights, Chapter 290-4-9 shall be followed.(2) Residents shall have the following rights concerning the community ombudsman program currently being operated by the State Long-term Care Ombudsman: (a) All residents shall have the right to complain to the state or community ombudsman designated by the Department to receive, investigate, refer, and attempt to resolve such complaints concerning any act, omission to act, practice, policy, or procedure that may adversely affect the health, safety, or welfare of any resident;(b) The resident shall have the right to participate in planning any course of action to be taken on his or her behalf by the designated state or community ombudsman, and the resident shall have the right to approve or disapprove any proposed action to be taken on his or her behalf by such ombudsman;(c) The resident shall have the right to report to the designated state or community ombudsman any suspicion that a resident of a Community Living Arrangement is being, or has been, abused, neglected, exploited, or abandoned or is in a condition which is the result of abuse, neglect, exploitation, or abandonment. Where the subject of the investigation involves suspected abuse, neglect, or exploitation of a resident, the resident shall have the right to communicate with the designated state or community ombudsman in a private and confidential setting notwithstanding any objection by the resident's representative or legal guardian, if any;(d) The resident shall have the right to confidentiality of his or her identity with respect to any investigation conducted by the designated state or community ombudsman. The identity of any complainant, resident on whose behalf a complaint is made, or individual providing information on behalf of the resident or complainant relevant to the investigation of a complaint shall be confidential and may be disclosed only with the express permission of such person or his or her legally authorized representative or legal guardian, if any; and(e) The resident shall have the right to be free from discrimination and retaliation due to any complaint or report made to the designated state or community ombudsman. No Community Living Arrangement shall discriminate or retaliate in any manner against any resident, his or her relative, or his or her representative or legal guardian, if any, any staff member of a Community Living Arrangement, or any other person because of the making of a complaint in good faith or providing of information in good faith to the designated state or community ombudsman.(3) A Community Living Arrangement shall not infringe upon any resident's rights and shall ensure that residents may communicate privately and confidentially, individually or in groups, with the designated state or community ombudsman. A Community Living Arrangement shall cooperate fully with the designated state or community ombudsman.(4) At a minimum, the following rights shall be guaranteed and cannot be waived by the resident or his or her representative or legal guardian, if any: (a) Each resident shall receive personal services, supports, care, or treatment, as applicable, which shall be adequate, appropriate, and in compliance with applicable federal and state law and regulations, without discrimination in the quality of service based on age, gender, race, physical or mental disability, religion, sexual orientation, national origin, marital status, or the source of payment for the services.(b) No resident shall be punished or harassed by staff of the Community Living Arrangement, its agents, or its employees because of efforts by or on behalf of the resident to enforce his or her rights;(c) Each resident shall have the right to:1. Exercise the constitutional rights guaranteed to citizens of this state and the United States, including, but not limited to, the right to vote;2. Choose activities and schedules consistent with interests and assessments of the resident;3. Interact with members of the community both inside and outside the Community Living Arrangement and to participate fully in the life of the community; and4. Make choices about aspects of his or her life in the residence that are significant to the resident;(d) Each resident shall have the right to enjoy privacy in his or her bedroom. Staff, residents, and others shall respect this right by knocking on the door before entering the room of a resident. Each resident may associate and communicate privately with persons and groups of his or her choice. Persons served shall have the right of freedom from eavesdropping and the right to private and uncensored communication with anyone of the resident's choice;(e) If the resident is married and the spouse is also a resident in the Community Living Arrangement, they shall be permitted to share a room unless they request otherwise;(f) Each resident shall be treated with respect and given privacy in the provision of personal care. Each resident shall be accorded privacy and freedom for the use of bathrooms at all hours;(g) No religious belief or practice shall be imposed upon any resident. Residents shall be free to practice their religious beliefs as they choose. Each resident shall have the right to participate in social, religious, and community activities that do not interfere with the rights of other residents;(h) Each resident shall have the right to be free from mental, verbal, sexual, and physical abuse, neglect, and exploitation. Each resident has the right to be free from actual or threatened mechanical or chemical restraint, isolation, seclusion, corporal punishment, or any disciplinary methods not specifically authorized by the ISP, including interference with the daily functions of living such as eating or sleeping;(i) Each resident shall have the right to use, keep, and control his or her own personal property and possessions in the immediate living quarters, except to the extent as use of his or her property would interfere with the safety or health of other residents. Each resident shall have the right to reasonable safeguards for the protection and security of his or her personal property and possessions brought into the Community Living Arrangement;(j) Each Community Living Arrangement shall permit access to residents by others who are visiting with the consent of the resident during mutually agreed upon times. Residents have the right to have visitors at mutually agreed upon times. Once the times are agreed upon, no prior notice is necessary. Each resident shall have the complete right to terminate any visit by any person who is visiting that resident;(k) Each resident shall have access to a telephone to make and receive personal calls, the phone number of which shall be made available to the resident and his or her representative or legal guardian, if any. The resident shall also have the right to have a private telephone, at the expense of the resident. Telephones shall be placed in areas to ensure privacy without denying accessibility;(l) Each resident shall have the right to manage his or her own financial affairs, including the right to keep and spend his or her own money unless that resident has been adjudicated incompetent by a court of competent jurisdiction. Each resident shall have the right to be free from coercion to assign or transfer to the residence money, valuables, benefits, property, or anything of value other than payment for services rendered by the residence;(m) Each resident shall have the right to access a personal needs allowance as specified in the admission agreement to be distributed by the administrator, site manager, or staff person in the residence for the free use by the resident. The following conditions shall be met regarding the personal needs allowance: 1. The personal needs allowance shall be included as a charge for services to the account of each resident. The resident may waive the personal needs allowance by signing a written waiver upon admission or anytime thereafter. If, pursuant to an assessment of capacity by an appropriate health care professional, the resident cannot understand the purpose of money, the resident or his or her authorized representative under the law may waive the personal needs allowance by signing a written waiver upon admission or anytime thereafter. No allowance charge shall be assessed where the resident's legally authorized representative or legal guardian, if any, has signed a written waiver of the personal needs allowance. Such a waiver shall be kept in the resident's file;2. The personal needs allowance shall not be intended or required to be used for purchasing necessary goods such as toilet paper, light bulbs, and supplies that the residence shall provide and shall in no way relieve the residence of the obligation to ensure that such necessary goods are available to the resident; and3. Upon written authorization of a resident or his or her legally authorized representative or legal guardian, if any, the Community Living Arrangement must hold, safeguard, manage, and account for the personal funds of the resident deposited with the residence;(n) Each resident shall also have the right to receive or reject medical care, dental care, or other services except as required by law or regulations;(o) Each resident shall have the right to choose and retain the services of a personal physician and any other health care professional or licensed practical nurse or service. No administrator or staff of the Community Living Arrangement shall interfere with the right of the resident to receive from his or her attending physician complete and current information concerning his or her diagnosis, treatment, and prognosis. Each resident and his or her legally authorized representative or legal guardian, if any, shall have the right to be fully informed about the care of the resident and of any changes in that care and the right of access to all information in the resident's medical records.(p) Each resident shall have the right to fully participate in the planning of his or her care. Case discussion, consultation, and examination shall be confidential and conducted discreetly. A person who is not directly involved in the care of a resident may be present when care is being discussed or rendered only if he or she has the permission of the resident; provided, however, that authorized representatives of the Department shall have full access to the residence and all residents for purposes of ensuring compliance with these rules;(q) Each resident who does not have a legal guardian with authority to admit, transfer, or discharge may choose to discharge or transfer himself or herself upon notification to the residence in conformance with the residence's policies and procedures;(r) Each resident shall have the right to inspect his or her files and records upon request. Each resident shall have the right to make a copy of all files and records pertaining to the resident. Each resident has the right to confidential treatment of personal information in the resident's file;(s) Each resident shall have the right to utilize all applicable complaint and grievance procedures. The telephone numbers for the regional MHDDAD office and for the Division of MHDDAD shall be posted and made known to all residents within the Community Living Arrangement; and(t) Each resident shall have the right to access the appropriate ombudsman and the Office of Regulatory Services of the Department of Human Resources. The name, address, and telephone number of the ombudsman assigned to the residence and of the Office of Regulatory Services shall be posted in an accessible area of the residence.Ga. Comp. R. & Regs. R. 290-9-37-.19
O.C.G.A. Secs. 31-7-1et seq., 37-1-22.
Original Rule entitled "Resident's Rights" adopted. F. Oct. 24, 2002; eff. Nov. 13, 2002.