Section 410 IAC 16.2-3.1-4 - Notice of rights and servicesAuthority: IC 16-28-1-7
Affected: IC 12-10-5.5; IC 16-28-5-1; IC 16-36-1-3; IC 16-36-1-7; IC 16-36-4-7; IC 16-36-4-13; IC 30-5-7-4
Sec. 4.
(a) The facility must inform the resident both orally and in writing in a language that the resident understands of his or her rights and all rules and regulations governing resident conduct and responsibilities during the stay in the facility. Such notification must be made prior to or upon admission and during the resident's stay. Receipt of such information, and any amendments to it, must be acknowledged in writing. A copy of the resident's rights must be available in a publicly accessible area. The copy must be at least 12-point type.(b) The resident has the right to the following:(1) Immediate access to the current active clinical record.(2) Upon an oral or written request, to access all other records pertaining to himself or herself within twenty-four (24) hours.(3) After receipt of his or her records for inspection, to purchase at a cost, not to exceed the community standard, photocopies of the records or any portions of them upon request and two (2) working days' advance notice to the facility.(c) The resident has the right to be fully informed in language that he or she can understand of his or her total health status, including, but not limited to, his or her medical condition.(d) The resident has the right to refuse treatment. Any refusals of treatment must be accompanied by counseling on the medical consequences of such refusal.(e) The resident has the right to refuse participation in experimental research. All experimental research must be conducted in compliance with state, federal, and local laws and professional standards.(f) The facility must do the following:(1) Inform each resident who is entitled to Medicaid benefits, in writing, at the time of admission to the nursing facility or when the resident becomes eligible for Medicaid of the following: (A) The items and services that are included in nursing facility services under the state plan and for which the resident may not be charged.(B) Those other items and services that the facility offers and for which the resident may be charged and the amount of the charges.(2) Inform each resident when changes are made to the items and services specified in this section.(3) Inform each resident before, or at the time of admission, in writing and periodically during the resident's stay, of services available in the facility and of charges for those services, including any charges for services not covered under Medicare or by the facility's per diem rate.(4) Provide written information to each resident concerning the following: (A) The resident's rights under IC 16-36-1-3 and IC 16-36-1-7 to make decisions concerning their care, including the right to: (i) accept or refuse medical or surgical treatment; and(ii) formulate advance directives.(B) The facility's written policies regarding the implementation of such rights, including a clear and precise statement of limitation if the facility or its agent cannot implement an advance directive on the basis of conscience under IC 16-36-4-13.(5) Document in the resident's clinical record whether the resident has executed an advance directive and include a copy of such advance directive in the clinical record.(6) Not condition the provision of care or otherwise discriminate against an individual based on whether or not the individual has executed an advance directive.(7) Ensure compliance with the requirements of state law regarding advance directives.(8) Provide for education for staff on issues concerning advance directives.(9) Provide for community education regarding advance directives either directly or in concert with other facilities or health care providers or other organizations.(10) Distribute to each resident upon admission the state developed written description of the law concerning advance directives.(11) If the facility is required to submit an Alzheimer's and dementia special care unit disclosure form under IC 12-10-5.5, provide the resident at the time of admission to the facility with a copy of the completed Alzheimer's and dementia special care unit disclosure form.(g) A facility is not required to provide care that conflicts with an advance directive under IC 16-36-4-7.(h) If a facility objects to implementation of an advance directive on the basis of conscience, they must comply with IC 30-5-7-4.(i) Residents have the right to be informed by the facility, in writing, at least thirty (30) days in advance of the effective date, of any changes in the rates or services that these rates cover.(j) The facility must furnish on admission a written description of legal rights, including the following:(1) A description of the manner of protecting personal funds under this section.(2) A statement that the resident may file a complaint with the director concerning resident abuse, neglect, misappropriation of resident property, and other practices of the facility.(3) The most recently known addresses and telephone numbers, including, but not limited to, the following:(B) The office of the secretary of family and social services.(C) The ombudsman designated by the division of disability, aging, and rehabilitative services.(D) The area agency on aging.(E) The local mental health center.(F) The protection and advocacy services commission.(G) Adult protective services. These shall be displayed in a prominent place in the facility.
(k) The facility must inform each resident of the name, specialty, and way of contacting the physician responsible for his or her care.(l) The facility must prominently display in the facility written information, and provide to residents and applicants for admission oral and written information, about how to:(1) apply for and use Medicare and Medicaid benefits; and(2) receive refunds for previous payments covered by such benefits.(m) For purposes of IC 16-28-5-1, a breach of:(1) subsection (h) is an offense;(2) subsection (d), (e), or (g) is a deficiency;(3) subsection (a), (b), (c), (f)(1), (f)(2), (f)(3), (f)(4), (f)(5), (f)(8), (f)(10), (i), (j)(1), (k), or (l) is a noncompliance; and(4) subsection (f)(6), (f)(7), (f)(9), (j)(2), or (j)(3) is a nonconformance.Indiana State Department of Health; 410 IAC 16.2-3.1-4; filed Jan 10, 1997, 4:00 p.m.: 20 IR 1529, eff Apr 1, 1997; errata filed Apr 10, 1997, 12:15 p.m.: 20 IR 2414; errata filed Jun 4, 1997, 1:47 p.m.: 20 IR 2789; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; filed Jul 22, 2004, 10:05 a.m.: 27 IR 3989; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFAReadopted filed 11/13/2019, 3:14 p.m.: 20191211-IR-410190391RFA