Section 11-100.1-21 - Residents' and primary care givers' rights and responsibilities(a) Residents' rights and responsibilities: (1) Written policies regarding the rights and responsibilities of residents during the stay in the Type I ARCH shall be established and a copy shall be provided to the resident and the resident's family, legal guardian, surrogate, sponsoring agency or representative payee, and to the public upon request. The Type I ARCH policies and procedures shall provide that each individual admitted shall: (A) Be fully informed orally or in writing, prior to or at the time of admission, of these rights and of all, rules governing resident conduct. There shall be documentation signed by the resident that this procedure has been carried out;(B) Be fully informed that interpreter services including but not limited to translation, sign language or visual services will be provided if the resident requires such services. Should the resident require the assistance of an interpreter, the licensee or primary care giver shall attempt to facilitate reasonable accommodations for interpreter services including but not limited to translation, sign language or visual services. The cost for interpreter services shall not be the responsibility of the licensee or primary care giver.(C) Be fully informed orally and in writing, prior to or at the time of admission, and during stay, of services available in or through the Type I ARCH and of related charges, including any charges for services not covered by the Type I ARCH'S basic per diem rate; and(D) Be given advance written notice, of not less than thirty days, of involuntary transfer or discharges, except in an emergency.(2) Each resident shall: (A) Be encouraged and assisted to exercise the resident's rights to vote, voice grievances, recommend changes in policies and services to care givers or outside representatives of the resident's choice, be free from interference, coercion, discrimination, or reprisal;(B) Be informed of the conditions under which the Type I ARCH may manage the resident's personal financial affairs as detailed in section 11-100.1-18;(C) Be free from chemical and physical restraints and not be humiliated, harassed, or threatened.(D) Physical restraints may only be used in an emergency when necessary to protect the resident from injury to self or to others. In such a situation the resident's physician or APRN shall be notified immediately to obtain an assessment for least restrictive alternatives to restraint use. If restraint use is determined to be necessary, written orders shall be obtained from the resident's physician or APRN indicating the form of restraint to be used, the length of time restraint shall be applied, the frequency of use and the alternative care that can be provided to the resident. If a less restrictive alternative to restraint exists, it must be used in lieu of the restraint. The resident's family, legal guardian, surrogate or representative, and case manager shall be notified if no alternative to restraint exists and a written consent shall be obtained for restraint use. The restraint use shall be in compliance with the Type I ARCH's written policy, as approved by the department;(E) Be treated with understanding, respect, and full consideration of the resident's dignity and individuality, including privacy in treatment and in care of the resident's personal needs;(F) Have the right to be free from ill treatment, physical punishment, exploitation, neglect, physical or psychological abuse and shall be protected from further potential abuse while an investigation is in progress;(G) Have the right to an environment free of weapons, illicit drugs or other conditions that may cause the residentto feel unsafe in a Type I ARCH;(H) Perform services for the Type I ARCH or the primary and substitute care givers only when agreed to by the resident, resident's family, resident's legal guardian, surrogate or representative, and shall be documented;(I) Have the right to associate and communicate privately with persons of the resident's choice, and to send and receive the resident's personal mail unopened;(J) Have the right to refuse visitors;(K) Have the right to meet with and participate in social, religious, health and community group activities at the resident's discretion, unless medically contra-indieated;(L) Have the right to refuse to participate in social, religious, or health and community group activities;(M) Make contacts with the community and to achieve the highest level of independence, autonomy, and interaction with the community of which the resident is capable;(N) Manage his or her financial affairs, or be given at least a quarterly accounting of financial transactions made on his or her behalf by the Type I ARCH should the Type I ARCH accept his or her written delegation of this responsibility to the Type I ARCH for any period of time in conformance with state law;(O) Participate in the planning of his or her schedule of activities, and/or care plan and medical treatment;(P) Retain and use personal clothing and possessions as space permits, unless doing so: (i) Would infringe upon the rights of other residents; or(ii) Is specifically forbidden by written orders of the resident's physician or APRN;(Q) If married, be assured of privacy for visits by the spouse and, if both are residents in the home, be permitted to share a room if agreeable to both;(R) Have flexible daily visiting hours and provisions for privacy established;(S) Have the right to reject living in a particular facility;(T) Provide the primary care giver with a fourteen day notice when wishing to transfer to another facility;(U) Have the right to request food preferences and not have dietary restrictions as punishment;(V) Have the right to locked storage space;(W) Have their personal and medical records kept confidential and subject to release only as provided in section 11-100.1-17(g); and(X) Have access to a telephone providing privacy(b) Primary care givers' rights and responsibilities: (1) Written policies regarding primary care givers' rights and responsibilities shall be established and a copy shall be provided to the resident and the resident's family, any guardian, next of kin, surrogate, sponsoring agency or representative payee and to the public upon request;(2) The primary care giver has the right to: (A) Be shown consideration and respect that recognizes the dignity and individuality of the primary care giver and the Type I ARCH ;(B) Terminate a resident's agreement for just cause after a written 30 day notice;(C) Terminate an agreement immediately, after notice to the resident, family member or surrogate, case manager and physician, if the primary care giver finds that a resident creates a serious or immediate threat to the health, safety or welfare of other residents of the Type I ARCH;(D) Present grievances, file complaints, or provide information to state agencies or other persons;(E) Refuse to perform services for the resident or the resident's surrogate other than those agreed upon by the resident and the care giver;(F) Contract with community resources to achieve the highest level of independence, autonomy, interaction and services for residents;(G) Be able to gain access to resident information, as per the referring agency's policy and procedures, for each resident referred to the Type I ARCH. All information shall be kept confidential;(H) Refuse to accept a resident if the referral is inappropriate;(I) Information relating to a resident's problems, including self-abuse, violent behavior, alcoholism, or drug abuse; and(3) The primary care giver or licensee shall be responsible for maintaining an environment safe from weapons or illicit drugs.(4) The primary care giver or licensee shall be responsible for ensuring the health, safety, welfare and civil rights of all residents under their care.Haw. Code R. § 11-100.1-21
[Eff SEP 18 2006] (Auth: HRS §§ 321-9, 321-11, 321-15.6) (Imp: HRS §§ 321-10, 321-11, 321-15.6, 622-57)