(a)
- (1) The facility shall have written policies and procedures defining the rights and responsibilities of residents.
- (2) The policies shall present a clear statement defining how residents are to be treated by the facility, its personnel, volunteers, and others involved in providing care.
- (b) A copy of the synopsis of the residents' bill of rights [Appendix B] must be prominently displayed within the facility.
(c)
- (1) Each resident admitted to the facility is to be fully informed of these rights and of all rules governing resident conduct and responsibilities.
- (2) The facility is to communicate these expectations/rights during the period of not more than two (2) weeks before or five (5) working days after admission, unless medically contraindicated in writing.
- (3) The facility shall obtain a signed acknowledgement from the resident, his or her guardian, or other person responsible for the resident.
- (4) The acknowledgement is maintained in the resident's medical record.
- (d) Appropriate means shall be utilized to inform non-English speaking, deaf, or blind residents of the residents' rights.
(e) Residents' rights shall be deemed appropriately signed if:
- (1) Residents capable of understanding. Signed by resident before one (1) witness;
(2) Residents incapable because of illness.
- (A) The attending physician documents the specific impairment that prevents the residents from understanding or signing their rights.
- (B) The responsible party and two (2) witnesses sign;
(3) Residents who are individuals with intellectual disabilities.
- (A) Rights read, and if he or she understands, resident signs before staff member and outside disinterested party.
- (B) If he or she cannot understand, rights are explained to, and signed by, the guardian before a witness; or
- (4) Residents capable of understanding but acknowledges with other mark (X). Mark must be acknowledged by two (2) witnesses.