Each resident shall have the following specific rights, and each facility shall safeguard and not abridge these rights:
(1)
- (A) The facility shall have written policies and procedures defining the rights and responsibilities of residents.
- (B) 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;
- (2) A copy of the synopsis of the resident's bill of rights must be prominently displayed within the facility;
(3)
- (A) Each resident admitted to the facility is to be fully informed of these rights and of all rules governing resident conduct and responsibilities.
- (B) The facility is to communicate these expectations/rights during the period of not more than two (2) weeks before or five (5) work days after admission, unless medically contraindicated in writing.
- (C) The facility shall obtain a signed acknowledgement from the resident, his or her guardian, or other maintained in the resident's medical records;
- (4) Appropriate means shall be utilized to inform non-English speaking, deaf, or blind residents of the resident's rights;
(5) Resident rights shall be deemed appropriately signed by:
- (A) Residents capable of understanding. Signed by resident before one (1) witness;
(B) Residents incapable because of illness.
- (i) The attending physician documents the specific impairment that prevents the residents from understanding or signing their rights.
- (ii) Responsible party and two (2) witnesses sign;
(C) Resident with an intellectual disability.
- (i) Rights read and if he or she understands resident signs before staff member and outside disinterested party.
- (ii) If he or she cannot understand, rights are explained to, and signed by guardian before witness; and
- (D) Resident capable of understanding but acknowledges with other mark (X). Mark acknowledged by two (2) witnesses;
- (6) Staff members must fully understand all resident rights;
(7)
- (A) Facility staff will be provided a copy of resident rights.
(B)
- (i) Staff shall complete written acknowledgment stating they have received and read the resident rights.
- (ii) A copy of the acknowledgment shall be placed in the employee's personnel file; and
- (8) The facility's policies and procedures regarding resident's rights and responsibilities will be formally included in ongoing staff development program for all personnel, including new employees.