Section R432-270-10 - Residents' Rights(1) Assisted living licensees shall develop a written resident's rights statement based on this section.(2) The licensee shall ensure the administrator or designee gives each resident a written description of the resident's legal rights upon admission, including the following: (a) a description of the manner of protecting personal funds; and(b) a statement that the resident may file a complaint with the state long-term care ombudsman and any other advocacy group concerning resident abuse, neglect, or misappropriation of resident property in the facility.(3) The licensee shall ensure the administrator or designee notifies the resident or the resident's responsible person at the time of admission, in writing and in a language and manner that the resident or the resident's responsible person understands, of the resident's rights and rules governing resident conduct and responsibilities during the stay in the facility.(4) The licensee shall ensure the administrator or designee promptly notifies in writing the resident or the resident's responsible person when there is a change in resident rights under state law.(5) The licensee shall ensure resident rights include the right to: (a) be treated with respect, consideration, fairness, and full recognition of personal dignity and individuality;(b) be transferred, discharged, or evicted by the facility only in accordance with the terms of the signed admission agreement;(c) be free of mental and physical abuse, and chemical and physical restraints;(d) refuse to perform work for the facility;(e) perform work for the facility if the facility consents and if: (i) the facility has documented the resident's need or desire for work in the service plan;(ii) the resident agrees to the work arrangement described in the service plan;(iii) the service plan specifies the nature of the work performed and whether the services are voluntary or paid; and(iv) compensation for paid services is at or above the prevailing rate for similar work in the surrounding community;(f) privacy during visits with family, friends, clergy, social workers, ombudsmen, resident groups, and advocacy representatives;(g) share a unit with a spouse if both spouses consent, and if both spouses are facility residents;(h) privacy when receiving personal care or services;(i) keep personal possessions and clothing as space permits;(j) participate in religious and social activities of the resident's choice;(k) interact with members of the community both inside and outside the facility;(l) send and receive mail unopened;(m) have access to telephones to make and receive private calls;(n) arrange for medical and personal care;(o) have a family member or responsible person informed by the facility of significant changes in the resident's cognitive, medical, physical, or social condition or needs;(p) leave the facility at any time and not be locked into any room, building, or on the facility premises during the day or night:(i) assisted living type II residents who have been assessed to require a secure environment may be housed in a secure unit, provided the secure unit is approved by the fire authority having jurisdiction; and(ii) this right does not prohibit the locking of facility entrance doors if egress is maintained;(q) be informed of complaint or grievance procedures and to voice grievances and recommend changes in policies and services to facility staff or outside representatives without restraint, discrimination, or reprisal;(r) be encouraged and assisted throughout the period of a stay to exercise these rights as a resident and as a citizen;(s) manage and control personal funds, or to be given an accounting of personal funds entrusted to the facility, as provided in Section R432-270-20 concerning management of resident funds;(t) upon oral or written request, to access within 24 hours records pertaining to the resident, including clinical records;(u) two working days after the day of the resident's oral or written request, to purchase at a cost not to exceed the community standard photocopies of the resident's records or any portion thereof;(v) personal privacy and confidentiality of personal and clinical records;(w) be fully informed in advance about care and treatment and of any changes in that care or treatment that may affect the resident's well-being; and(x) be fully informed in a language and in a manner the resident understands of the resident's health status and health rights, including the following: (ii) the right to refuse treatment;(iii) the right to formulate an advance directive in accordance with Title 75, Chapter 2a, Advance Health Care Directive Act; and(iv) the right to refuse to participate in experimental research.(6) The licensee shall ensure the following items are posted in a public area of the facility that is easily accessible and visible by residents and the public: (a) the long-term care ombudsmen's notification poster;(b) information on Utah protection and advocacy systems; and(c) a copy of the resident's rights.(7) The licensee shall make the results of the current facility survey with any plans of correction available in a public area of the facility.(8)(a) A resident may organize and participate in resident groups in the facility, and a resident's family may meet in the facility with the families of other residents.(b) The licensee shall ensure private space is provided for resident groups or family groups.(c) Facility personnel or visitors may attend resident group or family group meetings only at the group's invitation.(d) The administrator shall designate an employee to provide assistance and respond to written requests that result from group meetings.Utah Admin. Code R432-270-10
Amended by Utah State Bulletin Number 2016-4, effective 1/28/2016Amended by Utah State Bulletin Number 2017-1, effective 12/6/2016Amended by Utah State Bulletin Number 2020-19, effective 9/15/2020Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023