Section R432-150-12 - Resident Rights(1) The licensee shall establish written resident rights.(2) The licensee shall post resident rights in areas accessible to residents.(3) The licensee shall ensure a copy of the resident rights document is available to the residents, the residents' guardian, or responsible person, and to the public and the department upon request.(4) The licensee shall ensure that each resident admitted to the facility has the right to: (a) be informed, at the time of admission and during the stay, of resident rights and of any rules and regulations governing resident conduct;(b) be informed, at the time of admission and during the stay, of services available in the facility and of related charges, including any charges for services not covered by the licensee's basic per diem rate or not covered under Titles XVIII or XIX of the Social Security Act;(c) be informed by a licensed practitioner of current total health status, including current medical condition, unless medically contraindicated, the right to refuse treatment, and the right to formulate an advance directive in accordance with Section 75-2a-107;(d) be transferred or discharged only for medical reasons, for personal welfare or that of other residents, or for nonpayment for the stay, and to be given reasonable advance notice to ensure orderly transfer or discharge;(e) be encouraged and assisted throughout the period of stay to exercise any rights as a resident and as a citizen, and to voice grievances and recommend changes in policies and services to facility staff and outside representatives of personal choice, free from restraint, interference, coercion, discrimination, or reprisal;(f) manage personal financial affairs or to be given at least a quarterly accounting of financial transactions made on their behalf should the licensee accept their written delegation of this responsibility;(g) be free from mental and physical abuse, and from chemical and physical restraints;(h) be assured confidential treatment of personal and medical records, including photographs, and to approve or refuse their release to any individual outside the facility, except in the case of transfer to another health facility, or as required by law or third-party payment contract;(i) be treated with consideration, respect, and full recognition of dignity and individuality, including privacy in treatment and in care for personal needs;(j) not be required to perform services for the facility that are not included for therapeutic purposes in the plan of care;(k) associate and communicate privately with persons of the resident's choice, and to send and receive personal mail unopened;(l) meet with social, religious, and community groups and participate in activities provided that the activities do not interfere with the rights of other residents in the facility;(m) retain and use personal clothing and possessions as space permits, unless to do so would infringe upon rights of other residents;(n) if married, to be assured privacy for visits by the spouse and if both are residents in the facility, to be permitted to share a room;(o) have members of the clergy admitted at the request of the resident or responsible person at any time;(p) allow relatives or responsible persons to visit critically ill residents at any time;(q) be allowed privacy for visits with family, friends, clergy, social workers, or for professional or business purposes;(r) have confidential access to telephones for both free local calls and for accommodation of long-distance calls according to facility policy;(s) have access to the state long term care ombudsman program or representatives of the long term care ombudsman program;(t) choose activities, schedules, and health care consistent with individual interests, assessments, and care plan;(u) interact with members of the community both inside and outside the facility; and(v) make choices about any aspects of life in the facility that are significant to the resident.(5)(a) A resident has the right to organize and participate in resident and family groups in the facility.(b) A resident's family has the right to meet in the facility with the families of other residents in the facility.(c) The licensee shall provide a resident or family group, if one exists, with private space.(d) Staff or visitors may attend meetings at the group's invitation.(e) The licensee shall designate a staff person responsible for providing assistance and responding to written requests that result from group meetings.(f) If a resident or family group exists, the licensee shall listen to the views and act upon the grievances and recommendations of residents and families concerning proposed policy and operational decisions affecting resident care and life in the facility.(6) The licensee shall:(a) accommodate resident needs and preferences, except when the health and safety of the individual or other residents may be endangered;(b) ensure a resident is given at least a 24-hour notice before an involuntary room move is made in the facility;(c) ensure that in an emergency when there is actual or threatened harm to others, property, or self, the 24hour notice requirement for an involuntary room move may be waived and the circumstances requiring the emergency room change are documented for department review; and(d) make and document efforts to accommodate the resident's adjustment and choices regarding room and roommate changes.(7) If a licensee is entrusted with residents' funds or valuables, the licensee or staff may not use resident funds or valuables or mingle them with their own and shall comply with the following:(a) ensure residents' funds and valuables are separate, intact, and free from any liability that the licensee incurs in the use of their own or the institution's funds and valuables;(b) maintain adequate safeguards and accurate records of residents' monies and valuables entrusted to the licensee's care;(c) ensure records of residents' funds that are maintained as a drawing account include a control account for any receipts and expenditures, an account for each resident, and supporting vouchers filed in chronological order;(d) ensure each account is kept current with columns for debits, credits, and balance;(e) ensure records of residents' funds and other valuables entrusted to the licensee for safekeeping include a copy of the receipt furnished to the resident or to the person responsible for the resident;(f) deposit residents' funds not kept in the facility within five days of receipt of such funds in an interest-bearing, insured account in a local bank or savings and loan association authorized to do business in Utah;(g) a person, firm, partnership, association, or corporation that is licensed to operate more than one health facility maintains a separate account for each facility and may not commingle resident funds from one facility with another;(h) deposit any money over $100 in an interest-bearing account;(i) provide evidence of the purchase of a surety bond or other equivalent assurance to secure any resident funds, upon license renewal;(j) surrender upon discharge any resident money and valuables that have been entrusted to the licensee in exchange for a signed receipt; and(k) surrender any money and valuables kept within the facility upon demand and make available any money kept in an interest-bearing account within three working days.(8) Within 30 days following the death of a resident, except in a case under investigation by the medical examiner, the licensee shall surrender any money and valuables of the resident that have been entrusted to the licensee to the person responsible for the resident or to the executor or the administrator of the estate in exchange for a signed receipt. If a resident dies without a representative or known heirs, the licensee shall immediately notify the local probate court and the department in writing.Utah Admin. Code R432-150-12
Amended by Utah State Bulletin Number 2017-12, effective 5/16/2017Amended by Utah State Bulletin Number 2024-01, effective 12/12/2023