D.C. Mun. Regs. tit. 22, r. 22-B3269

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-B3269 - RESIDENTS" RIGHTS

3269.1

Each resident in a nursing facility shall have the right to the following:

(a) Freedom from discrimination in treatment or access to services based on reasons prohibited by the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01, et seq. (2007 Repl. & 2011 Supp.));

(b) To be fully informed by the nursing facility of all resident rights and all facility rules governing resident conduct and responsibilities upon admission and annually thereafter;

(c) To either manage his or her own personal finances, or be given a quarterly report of the his or her finances if this responsibility has been delegated in writing to the nursing facility;

(d) To be treated with respect and dignity and assured privacy during treatment and when receiving personal care;

(e) To not be required to perform services for the nursing facility that are not for therapeutic purposes, as identified in the plan of care for the resident;

(f) To associate and communicate privately with persons of the resident's choice, unless medically contraindicated;

(g) To send and receive personal mail, unopened by personnel at the nursing facility;

(h) To participate in activities of social, family, resident, religious, and community groups at the discretion of the resident, unless medically contraindicated;

(i) To keep and use personal clothing and possessions, as space permits, unless to do so would infringe on other residents' rights or is medically contraindicated;

(j) To maintain, at the nursing facility, a private locker, chest, or chest drawer that is large enough to accommodate jewelry and small personal property and that can be locked by the resident;

(k) To be provided with privacy for visits by the resident's spouse or domestic partner, or, if spouses or domestic partners are both residents in the nursing facility, be permitted to share a room, unless medically or psycho-socially contraindicated;

(l) To be free from mental or physical abuse;

(m) To be free from chemical and physical restraints except as authorized pursuant to federal or District law and regulation;

(n) To be discharged from the nursing facility after receiving a consultation from a physician of the medical consequences of discharge; and

(o) Providing the administrator, physician, or a nurse of the nursing facility with written notice of the desire to be discharged; provided, that if the resident is a minor or a guardian has been appointed for a resident, the written request for discharge shall be signed by the resident's guardian, unless there is a court order to the contrary.

D.C. Mun. Regs. tit. 22, r. 22-B3269

Notice of Final Rulemaking published at 58 DCR 10619, 10627 (December 16, 2011)

Authority: The Director of the Department of Health, pursuant to the authority set forth in section 5(a) of the Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48, D.C. Official Code § 44-504(a) (2011 Supp.)) (hereinafter the Act), and in accordance with Mayor's Order 98-137, dated August 20, 1998.