1. (a) In addition to the foregoing rights, participants living in residential care facilities shall also have the following rights:

   1. (1) The right to a safe, sanitary, and humane living environment;
   2. (2) The right to settings that are physically accessible to the participant;

   3. (3) The right to freely and privately communicate with others, including:

      1. a. The right to send and receive unopened and uncensored written and electronic correspondence;
      2. b. The right to have access to telephones and to be allowed to make and to receive telephone calls that do not interfere with other residents;
      3. c. The right to receive and to refuse to receive visitors; and
      4. d. The right to engage in social, recreational, and religious activities including the provision of regular opportunities for participants to engage in such activities;

   4. (4) The right to privacy in the participant's sleeping or living unit, including the following:

      1. a. The right to courtesies such as knocking on closed doors before entering and ensuring privacy for telephone calls, electronic communications, and visits;
      2. b. The right to entrance doors lockable by the participant with only appropriate staff having keys to doors;
      3. c. The right to receive visitors of the participant’s choosing at any time;
      4. d. The right to opportunities for personal interaction in a private setting except that any conduct or activity which is illegal shall be prohibited;
      5. e. The right to receive personal care in private; and
      6. f. The right to be free from searches of their persons and possessions except in accordance with applicable constitutional and legal standards;

   5. (5) The right to participant choice, including the following:

      1. a. The right to keep and wear their own clothes;
      2. b. The right to space for personal possessions;
      3. c. The right to keep and to read materials of the participant’s own choosing;
      4. d. The right to keep and spend the participant’s own money;
      5. e. The right to be compensated for any work performed and the right not to work;
      6. f. The right to have a choice of one’s room if multiple rooms are available;
      7. g. The right to have a choice of one’s roommate when bedrooms are shared;
      8. h. The right to furnish and decorate one’s sleeping or living unit within the limits of the lease or other agreement; and
      9. i. The freedom and support to control one’s own activities and schedules, including but not limited to access to food at any time; and
   6. (6) The right to be reimbursed for the loss of any money held in safekeeping by the residential care facility.
2. (b) Nothing in He-E 310.08 shall require a residential care facility to have policies governing the behavior of the residents.
3. (c) Participants, the participant’s guardians, and the participant’s legal representatives shall have the right to be informed in writing of any residential care facility policies prior to admission to the residential care facility including a copy of the residential services agreement and standard disclosure summary.
4. (d) Residents shall have the right to participate in the development and modification of any house policies and be provided the opportunity to review the house policies at least annually.
5. (e) Residential care facility policies shall be in conformity with He-E 310.
6. (f) Residential care facility policies shall be reviewed annually for compliance with He-E 310 in connection with department site visits.
7. (g) Any modification to (a)(4) or (5) above shall be supported by a specific assessed need and documentation described in (h) below.

8. (h) A residential care facility shall only make modifications pursuant to (g) above by documenting in the provider care plan the following:

   1. (1) The specific and individualized assessed need with a description of the condition that is directly proportionate to the need;
   2. (2) Positive interventions and supports used prior to any modification to the provider care plan;
   3. (3) Less intrusive methods of meeting the need that have been tried unsuccessfully;
   4. (4) A method for the regular collection and review of data to measure the ongoing effectiveness of the modification with established timelines for periodic review to determine whether the modification is still necessary or can be terminated;
   5. (5) Informed consent of the participant, the participant’s guardian, or the participant’s legal representative; and
   6. (6) An assurance that the interventions and supports will not cause harm to the participant.

Source. #14058, eff 8-20-24