N.M. Admin. Code § 8.370.15.40

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.370.15.40 - RESIDENT RIGHTS

A. All licensed facilities shall understand, protect and respect the rights of all residents. Prior to admission to a boarding home, a resident, parent, legal guardian and legal representative shall be given the applicable written description of the resident's legal rights, translated into resident's preferred language, if necessary, to ensure the resident's understanding.

B. A written copy of the resident's legal rights shall be provided to the resident and to the resident's legal guardian or agent, if applicable, and to the most significant responsible party in the following order:

(1) the resident;

(2) the resident's spouse or significant other;

(3) any of the resident's adult children;

(4) the resident's parents;

(5) the resident's advocate.

C. The resident rights shall be posted in a conspicuous public place in the boarding home and shall include the telephone numbers to contact the authority to file a complaint which shall include the licensing authority and the state ombudsman's office.

D. To protect resident rights, the boarding home shall:

(1) treat all residents with courtesy, respect, dignity and compassion;

(2) not discriminate in admission or services based on gender, gender identity, sex, sexual orientation, resident's age, race, color, religion, physical or mental disability, or national origin;

(3) provide residents written information about all services provided by the boarding home and their costs and give advance written notice of any changes;

(4) provide residents with a clean, safe and sanitary living environment;

(5) provide a humane psychological and physical environment of care for all residents;

(6) protect the confidentiality of the resident's records;

(7) protect the right to personal privacy, including privacy in personal hygiene; privacy during visits with a spouse, family member or other visitor; privacy during medical examinations, consultations and treatment; and reasonable privacy in the residents' own rooms;

(8) protect the resident's right to receive visitors;

(9) protect the resident's right to receive visits from their attorney, physician, psychologist, clergyman, social worker, long term care ombudsman or representatives of the authority in private;

(10) provide residents the ability to send and receive unopened mail;

(11) provide access to telephones in order to make and receive confidential calls, provided that such calls do not infringe upon the rights of other residents and do not restrict availability of the telephone during emergencies.

(a) The licensee shall be permitted to require reimbursement from the resident or their authorized representative for long distance calls.

(b) The licensee shall be permitted to prohibit the making of long distance calls upon documentation that requested reimbursement for previous calls has not been received.

(12) ensure that residents:

(a) are free from physical abuse and emotional abuse, neglect, and exploitation and restraint;

(b) are free to participate or abstain from the practice of religion and shall be afforded reasonable accommodations to worship;

(c) have the right to reasonable daily opportunities for physical exercise and outdoor exercise and shall have reasonable access to recreational areas and equipment if available;

(d) wear their own clothes;

(e) possess and use their own personal items, including their own toilet articles;

(f) have access to individual storage space for their private use;

(g) have the right to voice grievances to the boarding home staff, public officials, any state agency, or any other person, without fear of reprisal or retaliation;

(h) have the right to have their grievance addressed within five days;

(i) have the right to prompt and adequate medical attention for physical ailments;

(j) have the right to social interaction, including the right to associate freely with persons in and out of the boarding home, to participate in community groups and organizations, and to leave the boarding home and return to it without restriction;

(k) have the right to participate in treatment decisions and formulate advance directives such as living wills and powers of attorney;

(l) have the right to manage and control their personal finances;

(m) receive assistance in exercising the right to vote; and

(n) move from the boarding home in accordance with the terms of the admission agreement.

N.M. Admin. Code § 8.370.15.40

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024