3801.1 Prior to the admission of each resident to a MHCRF, the Residence Director, or the Residence Director's designee, shall explain to the resident or any designated representative of the resident the rights and responsibilities of the resident as set forth in §§3801.2 through 3801.32 and provide a written statement of rights and responsibilities to the resident. Additionally, a copy of the rights shall be available to residents upon request. If a resident cannot read or understand English, the notice shall be given orally and in writing in a language the resident can understand. The Residence Director shall answer any questions the resident may have regarding the resident's rights and responsibilities.

3801.2 Each resident shall receive treatment and services which shall be in compliance with relevant federal and District of Columbia law, rules, and regulations, without discrimination in the quality or quantity of a service based on age, gender, race, physical or mental disability, HIV status, religion, sexual orientation, national origin, marital status or the source of payment for the service.

3801.3 Prior to admission, the resident and the resident's legal representative, if any, shall be given a written admission contract, which shall be signed by the Residence Director, the resident, or the resident's legal representative, and that sets forth, at a minimum, the following details:

(a) The monthly fee payable by the resident;

(b) The care and services covered by the monthly fee; and

(c) The care and services not covered by the monthly fee and the specific charges for all non-covered services.

3801.4 Each resident, or any authorized person acting on the resident's behalf, shall be permitted to register grievances or complaints without the threat of the resident's discharge or other reprisal by MHCRF staff.

3801.5 Each MHCRF shall provide each resident at the time of admission with a copy of any grievance or complaint procedures.

3801.6 Each resident shall have the right to privacy in the provision of personal and medical care.

3801.7 Each resident shall have the right to participate actively in the development of the resident's individual treatment plan.

3801.8 Each resident shall have the right to receive adequate and humane treatment by competent, qualified, professional staff.

3801.9 Each resident shall have the right to be informed of his or her condition and progress.

3801.10 Each resident shall have the right to have his or her treatment record and all information contained therein kept confidential in accordance with the Mental Health Information Act, D.C. Code, 2001 Ed. §§7-1201.01 to 7-1208.07, and any other District or federal law that governs treatment records.

3801.11 Each resident shall have the right to meet with the physician and other members of the treatment team.

3801.12 Each resident shall have the right to periodic review of the treatment plan.

3801.13 Each resident shall have the right to visit, in private, with the resident's personal physician, attorney, clergy, family members, friends and other persons of the resident's choice at reasonable times.

3801.14 Each resident shall have the right to send and receive sealed mail.

3801.15 Each resident shall have the right to communicate freely and confidentially with the resident's attorney, the courts, the Commission on Mental Health Services (CMHS) Patient Advocate, the Long Term Care Ombudsman, and the organization responsible for protection and advocacy under the Mentally Ill Individuals Act, 42 U.S.C. §10801 and Part C of the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. §§ 6041 - 6043, and representatives of the District of Columbia government.

3801.16 Each resident shall have reasonable access to a telephone to make and receive confidential calls.

3801.17 Each resident shall have the right to accept or refuse life sustaining medical treatment and to execute advanced directives about medical treatment decisions.

3801.18 Each resident shall have a limited right to refuse psychiatric treatment and supportive services, subject to federal or District law, court order, or CMHS policy governing the involuntary administration of medication.

3801.19 Representatives of the District of Columbia government and the Long Term Care Ombudsman, upon presentation of proper identification, shall have immediate access to residents in MHCRFs.

3801.20 Each MHCRF shall assist the resident in registering and exercising the resident's right to vote.

3801.21 No resident shall have any religious belief or practice imposed upon him or her.

3801.22 Each resident shall have the right to participate in social, religious or community activities that do not interfere with the rights of other residents or cause a substantial disruption to the normal functioning of the residence.

3801.23 Representatives of the Office of the District of Columbia Long-Term Care Ombudsman Program shall have access to residents in MHCRFs in accordance with the Federal Older Americans Act, 42 U.S.C. §3027(a)(12) and the District of Columbia Long-Term Care Ombudsman Program Act, D.C. Code, 2001 Ed. §§ 7-701.01 to 7-706.01.

3801.24 Representatives of the agency responsible for the protection and advocacy system for persons with mental illness and developmental disabilities shall have access to residents in community residence facilities in accordance with the Protection and Advocacy for Mentally Ill Individuals Act, 42 U.S.C. §§ 10801 - 10851, and Part C of the Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. §§ 6041 - 6043.

3801.25 Each resident shall have the right to manage his or her own financial affairs unless the resident has a duly appointed conservator, representative payee or guardian.

3801.26 No research using residents as subjects may be conducted unless the resident consents and the research complies with federal and District laws, rules, and regulations and CMHS policy. A copy of the resident's consent form shall be kept in the resident's record.

3801.27 Other than routine household duties, no resident shall be required to perform unpaid work unless the work is part of the resident's Individual Treatment Plan.

3801.28 Except as provided at D.C. Code, 2001 Ed. §§ 21-501 to 21-592, each transfer, discharge or relocation of a resident within the facility shall comply the Title III of the Nursing Home and Community Residence Facility Residents' Protection Act of 1985, D.C. Code, 2001 Ed. §§ 44-1003.01 to 44-1003.13, and § 3830 of this chapter.

3801.29 Upon admission, each resident shall be provided a copy of the MHCRF's rules.

3801.30 At a minimum, each MHCRF shall have rules concerning the following:

(a) The use of tobacco and alcohol;

(b) The use of the telephone;

(c) Hours for viewing or listening to television, radio or a phonograph; and

(d) Movement of residents in and out of the facility.

3801.31 The resident shall comply with the MHCRF's rules during his or her residency at the MHCRF.

3801.32 Each resident shall pay the MHCRF on a monthly basis the amount which has been agreed upon in writing for the care provided to the resident.

SOURCE: Final Rulemaking published at 42 DCR 569, 570 (January 27, 1995).