Idaho Admin. Code r. 16.03.22.550

Current through September 2, 2024

Section 16.03.22.550 - REQUIREMENTS FOR RESIDENTS' RIGHTS

The administrator must ensure that policies and procedures are developed and implemented to ensure that residents' rights are observed, promoted, and protected.

01.Resident Records. Upon request, a resident or others authorized by law, must be provided immediate access to information in their record, and copies of information within two (2) business days. The facility must maintain and keep current a record for each resident that contains the information specified in Section 330 of these rules and Section 39-3316, Idaho Code.

02.Privacy. Each resident must be ensured the right to privacy with accommodations, medical and other treatment, written and telephone communications, visits, and meetings of family and resident groups.

03.Humane Care and Environment.

a. Each resident has the right to humane care and a humane environment, including the following:

i. The right to a diet that is consistent with any religious or health-related restrictions;

ii. The right to refuse a restricted diet; and

iii. The right to a safe and sanitary living environment.

b. Each resident has the right to be treated with dignity and respect, including:

i. The right to be treated in a courteous manner by staff;

ii. The right to receive a response from the facility to any request of the resident within a reasonable time; and

iii. The right to be communicated with, orally or in writing, in a language they understand. If the resident's knowledge of English or the predominant language of the facility is inadequate for comprehension, a means to communicate in a language familiar to the resident must be available and implemented. There are many possible methods such as bilingual staff, electronic communication devices, or family and friends to translate. The method implemented must ensure the resident's right to confidentiality, if the resident desires.

04.Personal Possessions. Each resident has the right to:

a. Wear their own clothing;

b. Determine their own dress or hair style;

c. Retain and use their own personal property in their own living area so as to maintain individuality and personal dignity; and

d. Be provided a separate storage area in their own living area and at least one (1) locked cabinet or drawer for keeping personal property.

05.Personal Funds. Residents whose board and care is paid for by public assistance will retain, for their personal use, the difference between their total income and the applicable board and care allowance established by Department rules. A facility must not require a resident to deposit their personal funds with the facility.

06.Management of Personal Funds. Upon a facility's acceptance of written authorization of a resident, the facility must manage and account for the personal funds of the resident deposited with the facility as follows:

a. The facility must deposit any amount of a resident's personal funds more than five (5) times the personal needs allowance in an interest-bearing account (or accounts) that is separate from any of the facility's operating accounts and credit all interest earned on such separate account to the account. The facility must maintain any other personal funds in a non-interest-bearing account or petty cash fund;

b. The facility must ensure a full and complete separate accounting of each resident's personal funds, maintain a written record of all financial transactions involving each resident's personal funds deposited with the facility, and afford the resident (or a legal representative of the resident) reasonable access to such record; and

c. Upon the death of a resident with such an account, the facility must promptly convey the resident's personal funds (and a final accounting of such funds) to the individual administering the resident's estate. For clients of the Department, the remaining balance of funds must be refunded to the Department.

07.Access and Visitation Rights. The facility must permit:

a. Immediate access to any resident by any representative of the Department, by the local ombudsman for the elderly or their designees, or by the resident's physician or authorized provider;

b. Immediate access to a resident, subject to the resident's right to deny or withdraw consent at any time, by the resident's immediate family, significant other, or representative;

c. Immediate access to a resident, subject to reasonable restrictions and the resident's right to deny or withdraw consent at any time, by others who are visiting with the consent of the resident; and

d. Reasonable access to a resident by any entity or individual that provides health, social, legal, or other services to the resident, subject to the resident's right to deny or withdraw consent at any time.

08.Employment. Each resident must have the right to refuse to perform services for the facility except as contracted for by the resident and the administrator of the facility. If the resident is hired by the facility to perform services as an employee of the facility, the wage paid to the resident must be consistent with state and federal law.

09.Confidentiality. Each resident must have the right to confidentiality of personal and clinical records.

10.Freedom from Abuse, Neglect, and Restraints. Each resident must have the right to be free from physical, mental, or sexual abuse, neglect, corporal punishment, involuntary seclusion, and any physical or chemical restraints.

11.Freedom of Religion. Each resident must have the right to practice the religion of their choice or to abstain from religious practice. Residents must also be free from the imposition of the religious practices of others.

12.Control and Receipt of Health-Related Services. Each resident must have the right to control their receipt of health-related services, including:

a. The right to retain the services of their own personal physician, dentist, and other health care professionals;

b. The right to select the pharmacy or pharmacist of their choice so long as it meets the statute and rules governing residential assisted living and the policies and procedures of the residential assisted living facility;

c. The right to confidentiality and privacy concerning their medical or dental condition and treatment; and

d. The right to refuse medical services based on informed decision making. Refusal of treatment does not relieve the facility of its obligations under this chapter.

i. The facility must document the resident and their legal guardian have been informed of the consequences of the refusal; and

ii. The facility must document that the resident's physician or authorized provider has been notified of the resident's refusal.

13.Grievances. Each resident must have the right to voice grievances with respect to treatment or care that is, or fails to be, furnished, without threat of retaliation for voicing the grievances and the right to prompt efforts by the facility to resolve grievances the resident may have, including those with respect to the behavior of other residents.

14.Participation in Resident and Family Groups. Each resident must have the right to organize and participate in resident groups in the facility and the right of the resident's family to meet in the facility with the families of other residents in the facility.

15.Participation in Other Activities. Each resident must have the right to participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility.

16.Examination of Survey Results. Each resident must have the right to examine, upon reasonable request, the results of the most recent survey of the facility conducted by the Licensing Agency and any plan of correction in effect.

17.Access by Advocates and Representatives. A residential assisted living facility must permit advocates and representatives of community legal service programs, whose purposes include rendering assistance without charge to residents, to have access to the facility at reasonable times in order to:

a. Visit, talk with, and make personal, social, and legal services available to all residents;

b. Inform residents of their rights and entitlements, and their corresponding obligations, under state, federal, and local laws by distribution of educational materials and discussion in groups and with individuals;

c. Assist residents in asserting their legal rights regarding claims for public assistance, medical assistance, and social security benefits, and in all other matters in which residents are aggrieved, that may be provided individually, or in a group basis, and may include organizational activity, counseling, and litigation;

d. Engage in all other methods of assisting, advising, and representing residents so as to extend to them the full enjoyment of their rights;

e. Communicate privately and without restrictions with any resident who consents to the communication; and

f. Observe all common areas of the facility.

18.Access by Protection and Advocacy System. A residential assisted living facility must permit advocates and representatives of the protection and advocacy system designated by the governor under 29 U.S.C. 794e, 42 U.S.C. Section 15043, and 42 U.S.C. Section 10801 et seq., access to residents, facilities, and records in accordance with applicable federal statutes and regulations.

19.Access by the Long-Term Care Ombudsman. A residential assisted living facility must permit advocates and representatives of the long-term care ombudsman program pursuant to 42 U.S.C. Section 3058, Section 67-5009, Idaho Code, and IDAPA 15.01.03, "Rules Governing the Ombudsman for the Elderly Program," access to residents, facilities, and records in accordance with applicable federal and state law, rules, and regulations.

20.Transfer or Discharge. Each resident must have the right to be transferred or discharged only for medical reasons, for their welfare or that of other residents, or for nonpayment for their stay. In non-emergency conditions, the resident must be given at least thirty (30) calendar days notice of discharge. A resident has the right to appeal any involuntary discharge.

21.Citizenship Rights. Each resident has the right to be encouraged and assisted to exercise rights as a citizen, including the right to be informed and to vote.

22.Advance Directives. Each resident has the right to be informed, in writing, regarding the formulation of an advance directive as provided under Section 39-4510, Idaho Code.

23.Fee Changes. Each resident has the right to written notice of any fee change not less than thirty (30) days prior to the proposed effective date of the fee change, except:

a. When a resident needs additional care, services, or supplies, the facility must provide to the resident or the resident's legal guardian or conservator written notice within five (5) days of any fee change taking place;

b. The resident and the resident's legal guardian or conservator must be given the opportunity to agree to an amended NSA. If the two parties do not reach an agreement on the proposed fee change, the facility is entitled to charge the changed rate after five (5) days have elapsed from the date of the facility's written notice.

Idaho Admin. Code r. 16.03.22.550

Effective March 15, 2022