W. Va. Code R. § 64-75-6

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-75-6 - Resident Rights

6.1. Posting of Information and General Rights.

6.1.a. The licensee shall post the following information, easily readable, in a conspicuous place:

6.1.a.1. Residents' rights; (Class III)

6.1.a.2. Phone numbers of the abuse hotline; the office of the licensing agency; the state ombudsman; and the regional ombudsman; (Class III)

6.1.a.3. Information about the ombudsman program including:

6.1.a.3.A. The name, address and telephone number of the designated long-term care ombudsman program serving the region in which the residential care community is located;

6.1.a.3.B. A brief description of the services provided by the long-term care ombudsman program; and

6.1.a.3.C. A statement as to the penalties for willful interference and retaliation; (Class III) and

6.1.a.4. The residential care community's current license. (Class III)

6.1.b. The licensee shall promptly notify the resident and the resident's legal representative or designated family member whenever there is a change in residents rights. (Class III)

6.1.c. If a legal representative has been appointed for or designated by any resident as having the authority to exercise on behalf of the resident one (1) or more of the resident's rights under this rule, the licensee shall afford the legal representative full opportunity to exercise the authority. If an appointed or designated legal representative exercises this authority, he or she shall exercise his or her authority in a manner consistent with all applicable state and federal laws and rules and regulations. (Class III)

6.1.d. Nothing in this rule shall in any way be construed to diminish or deprive any individual of rights recognized and established under other laws of the State of West Virginia or of the United States. (Class III)

6.1.e. A resident shall be encouraged and assisted throughout the duration of his or her stay to exercise his or her rights as a resident and as a citizen, such as voting in governmental elections. (Class III)

6.1.f. A resident has the right to be free from restraint, interference, coercion, discrimination, or reprisal from the licensee in exercising his or her rights. (Class II)

6.2. Notice of Rights.

6.2.a. The licensee shall provide a copy of residents' rights to the resident with duplicates on request. The date the rights are distributed shall be recorded. (Class III)

6.2.b. The resident has the right to inspect all records pertaining to him or her and to purchase photocopies at a reasonable cost that is comparable to copying charges by local public agencies. (Class III)

6.2.c. Residents have the right, if they choose, to view the results of inspections and complaint investigations conducted by the licensing agency. Deficiencies cited during the most recent survey and any complaint investigations conducted within the preceding twelve (12) months, and the residential care community's plan of correction shall be located in a place accessible to residents. (Class III)

6.2.d. The licensee shall notify the resident and the resident's legal representative or designated family member at least seventy-two (72) hours prior to a change in room or roommate assignment unless an emergency situation occurs. (Class III)

6.3. Treatment.

6.3.a. The resident has the right to participate in planning his or her overall care, to utilize the physician or pharmacist of his or her choice, to be fully informed in advance about care and treatment that may affect him or her, to make advanced directives about his or her medical care and to refuse treatment. (Class II)

6.3.b. No resident shall be abused, exploited, neglected, mistreated, or restrained by physical or chemical means.

6.3.b.1. Physical restraints may be used only if all the following conditions are present:

6.3.b.1.A. The restraints are used under a physician's order;

6.3.b.1.B. The restraints are used in an emergency for the safety of the resident or others;

6.3.b.1.C. The restraints are applied only by staff who have been trained in their use;

6.3.b.1.D. The restraints are cloth vests or soft belts;

6.3.b.1.E. The restraints are released every two (2) hours for at least ten (10) minutes;

6.3.b.1.F. Professional help is called; and

6.3.b.1.G. The restraints are only used until professional help arrives, in no case exceeding twenty-four (24) hours.

6.3.b.2. These procedures shall be documented and available for review by the secretary. (Class I)

6.3.c. Any medical, dental or mental health professional, ordained minister, Christian science practitioner, religious healer, social service worker, peace officer, or law enforcement officer is required under the adult protective services law, W. Va. Code '9-6-9 to report any incident in which an incapacitated adult is neglected, abused, or in an emergency situation, subject to conditions likely to result in neglect, abuse or emergency, or has died as a result of abuse or neglect. Reports of neglect, abuse or emergency situations shall be made immediately to the local adult protective services office of the secretary or by calling the adult protective services hotline number, as required by law and to the residential care community's licensing agency. The secretary may report alleged failures by a licensed health care professional to report alleged incidents of neglect or abuse or emergency situations to the individual's licensing board. (Class I)

6.3.d. The licensee shall assure that all alleged violations involving abuse, exploitation or neglect are immediately and thoroughly investigated and documented by the licensee or his or her designee on receipt of the allegation. While the investigation is in progress, measures shall be taken to ensure that abuse does not occur. (Class I)

6.3.e. If the allegation is substantiated, the licensee shall assure that appropriate sanctions are invoked or actions are taken to prevent a recurrence of alleged abuse, exploitation or neglect. (Class I)

6.3.f. The licensee shall assure that the licensing agency has been notified within seventy-two (72) hours of the date of the allegation of abuse, exploitation, or neglect. The licensee shall concurrently forward to the licensing agency documentation of the investigation, the results of the investigation and the response to the investigation. (Class III)

6.3.g. The resident has the right to refuse to participate in experimental research. A resident shall participate in experimental research only on the basis of prior written informed consent. Any informed consent procedures shall be in conformance with applicable state and federal laws, rules and regulations. (Class I)

6.4. Self Determination.

6.4.a. A resident has the right to meet with and participate in the activities of social, religious and other local groups, at his or her discretion. (Class III)

6.4.b. Residents have the right to assemble and organize themselves as a group to solicit and recommend improvements in the residential care community's services and to resolve problems that may arise between the residents and the licensee. (Class III)

6.4.c. A resident shall not be compelled to retire at night or arise in the morning at the same set time. (Class III)

6.4.d. Residents have the right to be free to leave the residential care community, however, this right does not absolve the licensee of the responsibility to supervise residents. (Class II)

6.5. Privacy and Confidentiality.

6.5.a. The resident has the right to personal privacy and confidentiality of his or her personal and permanent resident record. Personal privacy includes accommodations, medical treatment, written and telephone communications, personal assistance, visits and meetings of family and resident groups. (Class II)

6.5.b. The resident has the right to associate and communicate privately with persons of his or her choice. (Class III)

6.5.c. No person shall enter a resident's apartment without identifying him or herself to the resident and receiving the resident's permission to enter. (Class III)

6.6. Complaints.

6.6.a. The resident has the right to voice grievances with respect to treatment or care furnished without discrimination or reprisal for voicing the grievance. (Class II)

6.6.b. The resident has the right to prompt action by the licensee to resolve grievances the residents might have, including those with respect to the behavior of other residents. The licensee shall respond to the complainant in writing within twenty-four (24) hours for serious complaints, such as abuse, neglect, or injuries of unknown origin. For complaints of a less serious nature, the licensee shall respond to the complainant in writing no later than four (4) days after the complaint is filed. (Class III)

6.6.c. Nothing in this rule shall be construed to limit in any way the lawful authority of the secretary to administer and implement W. Va. Code '9-6-1 et seq. relating to adult protective services. (Class II)

6.7. Work.

6.7.a. The resident has the right to be employed outside the residential care community. (Class III)

6.7.b. The resident has the right to refuse to perform services for the residential care community. (Class III)

6.7.c. The resident has the right to perform services for the residential care community when:

6.7.c.1. The licensee has documented the resident's need or desire for work in the service plan in the resident's record; (Class III)

6.7.c.2. The agreement specifies duties, hours of work and compensation; (Class III)

6.7.c.3. The agreement is not a condition for admission or continued residence; (Class III) and

6.7.c.4. The resident enters into the agreement voluntarily. (Class III)

6.7.d. Any resident who performs any staff duties shall meet the personnel and health requirements for that position. (Class II)

6.7.e. A licensee shall not permit residents to perform work which creates conditions potentially hazardous for themselves or others. (Class I)

6.8. Mail and Communication.

6.8.a. The resident has the right to send and promptly receive unopened mail. A staff member shall only open and read correspondence on the direct written request of the resident. (Class III)

6.8.b. The resident has the right to have access to stationary, postage and writing implements. (Class III)

6.8.c. The resident has the right to have access to a telephone. Privacy shall be afforded the resident during telephone use. (Class III)

6.9. Access and Visitation Rights.

6.9.a. The resident has the right to receive visitors. Relatives and members of the clergy shall be permitted to visit at any time. Any entity or individual that provides health, social, legal, or other services to a resident, shall be permitted access to the resident. All visitation is subject to the resident's right to deny or withdraw consent at any time. (Class I)

6.9.b. The resident has the right to receive information from agencies acting as client advocates such as the State's long term care ombudsman program, and to be afforded the opportunity to contact these agencies. (Class II)

6.10. Personal property.

6.10.1. The resident has the right to retain and use personal possessions including furnishings, and clothing as space permits, unless to do so would infringe upon the rights, health or safety of other residents. (Class III)

6.11. Civil Rights.

6.11.1. Individuals have the right to be free from discriminatory practices related to admission or services on the grounds of race, religion, national origin, age, gender, sexual orientation or disability. (Class II)

W. Va. Code R. § 64-75-6