Pa. Code tit. 55, pt. IV, subpt. E, ch. 2800, ENFORCEMENT, app A
Current through Register Vol. 54, No. 44, November 2, 2024
The following are assisted living resident rights, including the notification of a resident's designated person:
General Requirements
| 1 | The resident, or a designated person, has the right to rescind the contract for up to 72 hours after the initial dated signature of the contract. | § 2800.25(h) Resident-residence contract |
| 2 | Either party has a right to rescind the informed consent agreement within 30 days of execution of the agreement. | § 2800.30(k) Informed consent process |
Resident Rights
| 3 | Upon admission, each resident and, if applicable, the resident's designated person, shall be informed of resident rights and the right to lodge complaints without intimidation, retaliation or threats of retaliation by the residence or its staff persons against the reporter. Retaliation includes transfer or discharge from the residence. | § 2800.41(a) Notification of rights and complaint procedures |
| 4 | Notification of rights and complaint procedures shall be communicated in an easily understood manner and in a language understood by or mode of communication used by the resident, and if applicable, the resident's designated person. | § 2800.41(b) Notification of rights and complaint procedures |
| 5 | The Department's poster of the list of resident's rights shall be posted in a conspicuous and public place in the residence. | § 2800.41(c) Notification of rights and complaint procedures |
| 6 | A copy of the resident's rights and complaint procedures shall be given to the resident and, if applicable, the resident's designated person upon admission. | § 2800.41(d) Notification of rights and complaint procedures |
| 7 | A statement signed by the resident and, if applicable, the resident's designated person acknowledging receipt of a copy of the information specified in subsection (d), or documentation of efforts made to obtain signature, shall be kept in the resident's record. | § 2800.41(e) Notification of rights and complaint procedures |
| 8 | A resident may not be discriminated against because of race, color, religious creed, disability, ancestry, sexual orientation, national origin, age or sex. | § 2800.42(a) Specific rights |
| 9 | A resident may not be neglected, intimidated, physically or verbally abused, mistreated, subjected to corporal punishment or disciplined in any way. A resident must be free from mental, physical, and sexual abuse and exploitation, neglect, financial exploitation and involuntary seclusion. | § 2800.42(b) Specific rights |
| 10 | A resident shall be treated with dignity and respect. | § 2800.42(c) Specific rights |
| 11 | A resident shall be informed of the rules of the residence and given 30 days written notice prior to the effective date of a new residence rule. | § 2800.42(d) Specific rights |
| 12 | A resident shall have access to a telephone in the residence to make calls in privacy. Nontoll calls must be without charge to the resident. | § 2800.42(e) Specific rights |
| 13 | A resident has the right to receive and send mail. 1. Outgoing mail may not be opened or read by staff persons unless the resident requests. 2. Incoming mail may not be opened or read by staff persons unless the resident requests. | § 2800.42(f)(1) & (2) Specific rights |
| 14 | A resident has the right to communicate privately with and access the local ombudsman. | § 2800.42(g) Specific rights |
| 15 | A resident has the right to practice the religion or faith of the resident's choice, or not to practice any religion or faith. | § 2800.42(h) Specific rights |
| 16 | A resident shall receive assistance in accessing health care services, including supplemental health care services. | § 2800.42(i) Specific rights |
| 17 | A resident shall receive assistance in obtaining and keeping clean, seasonal clothing. A resident's clothing may not be shared with other residents. | § 2800.42(j) Specific rights |
| 18 | A resident and the resident's designated person, and other individuals upon the resident's written approval shall have the right to access, review and request corrections to the resident's record. | § 2800.42(k) Specific rights |
| 19 | A resident has the right to furnish his living unit and purchase, receive, use and retain personal clothing and possessions. | § 2800.42(l) Specific rights |
| 20 | A resident has the right to leave and return to the residence at times consistent with the residence rules and the resident's support plan. | § 2800.42(m) Specific rights |
| 21 | A resident has the right to relocate and to request and receive assistance, from the residence, in relocating to another facility. The assistance must include helping the resident get information about living arrangements, making telephone calls and transferring records. | § 2800.42(n) Specific rights |
| 22 | A resident has the right to freely associate, organize and communicate privately with his friends, family, physician, attorney and other persons. | § 2800.42(o) Specific rights |
| 23 | A resident shall be free from restraints. | § 2800.42(p) Specific rights |
| 24 | A resident shall be compensated in accordance with State and Federal labor laws for labor performed on behalf of the residence. Residents may voluntarily and without coercion perform tasks related directly to the resident's personal space or common areas of the residence. | § 2800.42(q) Specific rights |
| 25 | A resident has the right to receive visitors at any time provided that the visits do not adversely affect other residents. A residence may adopt reasonable policies and procedures related to visits and access. If the residence adopts those policies and procedures, they will be binding on the residence. | § 2800.42(r) Specific rights |
| 26 | A resident has the right to privacy of self and possessions. Privacy shall be provided to the resident during bathing, dressing, changing and medical procedures. | § 2800.42(s) Specific rights |
| 27 | A resident has the right to file complaints, grievances or appeals with any individual or agency and recommend changes in policies, residence rules and services of the residence without intimidation, retaliation or threat of discharge. | § 2800.42(t) Specific rights |
| 28 | A resident has the right to remain in the residence, as long as it is operating with a license, except as specified in § 2800.228 (relating to transfer and discharge). | § 2800.42(u) Specific rights |
| 29 | A resident has the right to receive services contracted for in the resident-residence contract. | § 2800.42(v) Specific rights |
| 30 | A resident has the right to use both the residence's procedures and external procedures to appeal involuntary discharge. | § 2800.42(w) Specific rights |
| 31 | A resident has the right to a system to safeguard a resident's money and property. | § 2800.42(x) Specific rights |
| 32 | To the extent prominently displayed in the written resident-residence contract, a residence may require residents to use providers of supplemental health care services as provided in § 2800.142 (relating to assistance with medical care and supplemental health care services). When the residence does not designate, the resident may choose the supplemental health care services provider. The actions and procedures utilized by a supplemental health care service provider chosen by a resident must be consistent with the residence's systems for caring for residents. This includes the handling and assisting with the administration of resident's medications, and shall not conflict with Federal laws governing residents. | § 2800.42(y) Specific rights |
| 33 | The resident has the right to choose his primary care physician. | § 2800.42(z) Specific rights |
| 34 | A resident may not be deprived of his rights. | § 2800.43(a) Prohibition against deprivation of rights |
| 35 | A resident's rights may not be used as a reward or sanction. | § 2800.43(b) Prohibition against deprivation of rights |
| 36 | Waiver of any resident right shall be void. | § 2800.43(c) Prohibition against deprivation of rights |
| 37 | Prior to admission, the residence shall inform the resident and the resident's designated person of the right to file and the procedure for filing a complaint with the Department's Assisted Living Residence Licensing Office, local ombudsman or protective services unit in the area agency on aging, the Disability Rights Network or law enforcement agency. | § 2800.44(a) Complaint procedures |
| 38 | The residence shall permit and respond to oral and written complaints from any source regarding an alleged violation of resident rights, quality of care or other matter without retaliation or the threat of retaliation. | § 2800.44(b) Complaint procedures |
| 39 | If a resident indicates that he wishes to make a written complaint, but needs assistance in reducing the complaint to writing, the residence shall assist the resident in writing the complaint. | § 2800.44(c) Complaint procedures |
| 40 | The residence shall ensure investigation and resolution of complaints. The residence shall designate the staff person responsible for receiving complaints and determining the outcome of the complaint. The residence shall keep a log of all complaints and the outcomes of the complaints. | § 2800.44(d) Complaint procedures |
| 41 | Within 2 business days after the submission of a written complaint, a status report shall be provided by the residence to the complainant. If the resident is not the complainant, the resident and the resident's designated person shall receive the status report unless contraindicated by the support plan. The status report must indicate the steps that the residence is taking to investigate and address the complaint. | § 2800.44(e) Complaint procedures |
| 42 | Within 7 days after the submission of a written complaint, the residence shall give the complainant and, if applicable, the designated person, a written decision explaining the residence's investigation findings and the action the residence plans to take to resolve the complaint. If the resident is not the complainant, the affected resident shall receive a copy of the decision unless contraindicated by the support plan. If the residence's investigation validates the complaint allegations, a resident who could potentially be harmed or his designated person shall receive a copy of the decision, with the name of the affected resident removed, unless contraindicated by the support plan. | § 2800.44(f) Complaint procedures |
| 43 | The telephone number of the Department's Assisted Living Residence Licensing Office, the local ombudsman or protective services unit in the area agency on aging, the Disability Rights Network, the local law enforcement agency, the Commonwealth Information Center and the assisted living residence complaint hotline shall be posted in large print in a conspicuous and public place in the residence. | § 2800.44(g) Complaint procedures |
| 44 | Nothing in this § 2800.44 (relating to complaint procedures) shall affect in any way the right of the resident to file suit or claim for damages. | § 2800.44(h) Complaint procedures |
Nutrition
| 45 | Residents have the right to purchase groceries and prepare their own food in addition to the three meal plan required in § 2800.220(b) (relating to service provision) in their living units unless it would be unsafe for them to do so consistent with their support plan. | § 2800.161(h) Nutritional adequacy |
Medications
| 46 | The residence shall educate the resident of the right to question or refuse a medication if the resident believes there may be a medication error. Documentation of this resident education shall be kept. | § 2800.191 Resident Education |
Services
| 47 | A resident or a designated person has a right to request the review and modification of his support plan. | § 2800.227(j) Development of the final support plan |
| 48 | If the legal entity chooses to voluntarily close the residence or if the Department has initiated legal action to close the residence, the Department working in conjunction with appropriate local authorities, will offer relocation assistance to the residents. Except in the case of an emergency, each resident may participate in planning the transfer, and shall have the right to choose among the available alternatives after an opportunity to visit the alternative residences. These procedures apply even if the resident is placed in a temporary living situation. | § 2800.228(f) Transfer and discharge |
Enforcement
| 49 | If the relocation of residents is due to the failure of the residence to apply for a license, the Department will offer relocation assistance to the residents. This assistance will include each resident's involvement in planning the relocation, except in the case of an emergency. Each resident shall have the right to choose among the available alternatives after an opportunity to visit the alternative residences. These procedures will occur even if the residents are placed in a temporary living situation. | § 2800.267(a) Relocation of residents |
Pa. Code tit. 55, pt. IV, subpt. E, ch. 2800, ENFORCEMENT, app A