P.R. Laws tit. 17, § 1481h
(a) Residents shall have a non-waiverable right to have all their documentation kept pursuant to the strictest confidentiality.
(b) Residents shall have the right to demand a residency agreement stating in detail, as a minimum, the following: the charges for each service, as well as the means for billing and the arrangements for the payment of same, explaining the manner in which the residence shall address claims from the residents, the procedure for residents to file their claims, reasonable rules for the behavior of the personnel, the administration and the residents. Said agreement, if in contravention to the letter and spirit that motivate this chapter, shall be deemed non-existent. The residency agreement shall contain an agreement in which the residence binds itself to denounce and eradicate all acts that violate human dignity and degrade the elderly. In addition, residents shall bind themselves to occupy the unit individually, and if they wish to share their unit with another resident, they must consent to same in writing. The residency agreement shall also include the conditions for the termination of the residence’s services, which shall be determined bilaterally. If necessary, the elderly person may seek the advice of a third party to consent to certain service termination terms and any other clause in said agreement.
A requirement which cannot be changed by an agreement of both parties is that all service terminations shall be preceded by a notice in writing thirty (30) days in advance, and that the sponsor shall contact the Department and the Office at such time to notify the termination of the residency agreement of the resident for same to commence to seek government assistance for said resident, if necessary. The residency agreement shall be personalized to suit each resident of the housing project within the conceptual framework of assisted living and shall be mindful of the care peculiarities of each resident in an effort to maximize the freedom of action and decision making of the resident. In addition, it shall include a clause in which the sponsor binds himself/herself to comply with all federal and state legislation or regulation pertaining to consumer protection and to the protection, abuse, negligence or financial exploitation of elderly persons.
(c) The right to live in an inhabitable, safe and decent environment.
(d) The right to be treated with consideration, dignity, and individuality, as well as respect for their privacy and their personal belongings.
(e) The right to privacy between resident’s units, subject to rules of behavior that are reasonably designed for the residence for the development of health, safety and well being of the residents.
(f) The right to receive and issue private written or verbal communications, respecting their right to privacy, having access to a telephone and being able to receive the visitors of their choice in an unsupervised manner.
(g) The right to manage their own financial matters.
(h) The right to submit claims, recommendations, and changes to the procedures, services and policies to the sponsor, administrator or to the personnel of the residence, or the Office of the Ombudsman, public officials, state agencies, or any others, without interference, coercion, discrimination or t[h]reat of any type.
(l) [sic] The right to have all their claims or requests addressed in a timely and adequate manner within the capabilities of the residence.
(m) The right to obtain a copy of any rule or regulation of the residence that applies to the manner of conduct required from the residents.
(n) The right to participate freely in or freely benefit from activities or services rendered by the community and to reach the highest possible degree of independence, autonomy and community interaction.
(o) The right to be informed of the resources of the Government, the Department of the Family, the Office of the Advocate for the Elderly and the Department of Housing, available in the event of an eviction or the termination or cancellation of the residency agreement.
(p) The right to exercise their civil and religious rights.
(q) The right to contract a certified health care services provider to obtain necessary health care services in their unit, room, or any other location within the residence that is equipped for said purposes.
History —Sept. 3, 2003, No. 244, § 11.