Introduced By: Senators Fogarty, Izzo, Connors and Cicilline
Date Introduced : February 9, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 23-17.4-16 of the General Laws in Chapter 23-17.4 entitled "Residential Care and Assisted Living Facility Licensing Act" is hereby amended to read as follows:
23-17.4-16. Rights of residents. -- Every residential care/assisted living facility for adults licensed hereunder shall observe the following standards and such other standards as may be prescribed in rules and regulations promulgated by the licensing agency with respect to each resident of the facility:
{ADD For purposes of sections (2)(b), (d), (k), (m), (n), (q) and (r)(i), the term "resident" shall also mean the resident's agent as designated in writing or legal guardian. ADD}
{DEL (1) Each resident shall be offered care without discrimination
as to sex, race, color, religion, national origin, or source of
payment. DEL}
{DEL (2) Each resident shall be cared for with consideration,
respect and dignity, and shall be afforded his or her rights to
freedom of religious practice, civil liberties, maintenance of
self independence, and privacy. DEL}
{DEL (3) Each resident shall be fully informed as evidenced
by the resident's written acknowledgment prior to or at the time
of admission or during stay, of all rules and regulations and
policies pertaining to the rights of residents and governing resident
conduct and responsibilities. DEL}
{DEL (4) Each resident shall be informed in writing, prior
to, or at the time of admission or during stay, of services available
and of related charges, including all charges not covered either
under federal and/or state programs by other third party payers
or by the facility's basic rate. DEL}
{DEL (5) Residents shall be encouraged and assisted to voice
their grievances through a documented grievance mechanism which
will insure resident's freedom from interference, coercion, discrimination,
or reprisal. DEL}
{DEL (6) Residents shall be encouraged to meet with and participate
in activities of social, religious, and community groups at their
discretion. DEL}
{DEL (7) Residents may associate and communicate privately
with persons of their choice and shall be allowed freedom and
privacy in sending and receiving mail. DEL}
{DEL (8) Residents shall have the right to obtain personal
services or to purchase needs outside of the facility. DEL}
{DEL (9) A resident may manage his or her personal financial
affairs or shall be given at least a monthly accounting of financial
transactions made on his or her behalf if written delegation of
this responsibility was accepted by the facility for a stipulated
period of time and in conformance with state laws. DEL}
{DEL (10) Before asking a resident to leave the facility, the
facility will inform the resident of the need for such action
and of any alternatives to the action, and shall give adequate
notification prior to eviction. DEL}
{DEL (i) A resident will be asked to leave only for his or
her welfare or that of other residents, or for nonpayment of his
or her stay. DEL}
{DEL (ii) Reasonable advance notice for leaving will be given
to ensure orderly departure, and the action shall be appropriately
documented. DEL}
{DEL (11) If a resident chooses, or his or her legal guardian
so determines, to leave a facility, adequate notification to the
owner of the facility should be given and the resident shall be
refunded any advanced payment made, provided a thirty (30) day
notice has been given. DEL}
{DEL (12) Each resident shall receive a copy of the rights
as provided in this section. DEL}
{DEL (13) Each resident shall be allowed to maintain an amount
of money to cover reasonable monthly personal expenses. DEL}
{DEL (14) Residents' medical information shall be protected
by applicable state confidentiality laws. DEL}
{ADD (1) Residents are entitled to all rights recognized by law with respect to discrimination, service decisions (including the right to refuse services), freedom from abuse and neglect, privacy, association, and other areas of fundamental rights including the right to freedom of religious practice. Some of these basic rights include: ADD}
{ADD (a) To be offered care without discrimination as to sex, race, color, religion, national origin, or source of payment. ADD}
{ADD (b) To be free from verbal, sexual, physical, emotional and mental abuse, corporal punishment and involuntary seclusion; ADD}
{ADD (c) To be free from a physical or chemical restraints for the purpose of discipline or convenience, and not required to treat the resident's medical symptoms. No chemical or physical restraints will be used except on order of a physician; ADD}
{ADD (d) To have their medical information protected by applicable state confidentiality laws. ADD}
{ADD (e) To have a service animal, consistent with the "reasonable accommodations" clause of the fair housing act. (Such as seeing eye dog); and ADD}
{ADD (2) In addition to these basic rights enjoyed by other adults, the residents of assisted living also have the right to: ADD}
{ADD (a) Be treated as individuals and with dignity, be assured choice and privacy and the opportunity to act autonomously; ADD}
{ADD (b) Upon request have access to all records pertaining to the resident, including clinical records, within the next business day or immediately in emergency situations; ADD}
{ADD (c) Arrange for services not available through the setting at their own expense as long as the resident remains in compliance with the resident contract and applicable state law and regulations; ADD}
{ADD (d) Upon admission and during the resident's stay be fully informed in a language the resident understands, of all resident rights and rules governing resident conduct and responsibilities; ADD}
{ADD (i) Each resident shall receive a copy of their rights. ADD}
{ADD (ii) Each resident shall acknowledge receipt in writing; and ADD}
{ADD (iii) Each resident shall be informed promptly of any changes. ADD}
{ADD (e) Remain in their room or apartment unless a change in room or apartment is related to resident preference or to transfer conditions stipulated in their contract; ADD}
{ADD (f) Consistent with the terms of the resident contract, furnish their own rooms and maintain personal clothing and possessions as space permits, consistent with applicable life safety, fire or similar laws, regulations and ordinances; ADD}
{ADD (g) Be encouraged and assisted to exercise rights as a citizen; to voice grievances through a documented grievance mechanism and suggest changes in policies and services to either staff or outside representatives without fear of restraint, interference, coercion, discrimination, or reprisal; ADD}
{ADD (h) Have visitors of their choice without restrictions so long as those visitors do not pose a health or safety risk to other residents, staff, or visitors, or a risk to property, and comply with reasonable hours and security procedures; ADD}
{ADD (i) Have personal privacy in their medical treatment, written communications and telephone communications, and to the fullest extent possible, in accommodation, personal care, visits, and meetings; ADD}
{ADD (j) Have prominently displayed a posting of the facility's grievance procedure, the names, addresses and telephone numbers of all pertinent resident advocacy groups, the state ombudsperson and the state licensing agency; ADD}
{ADD (k) Choose his or her own physician(s) and to have ready access to the name, specialty and way of contacting the physician(s) responsible for the resident's care; ADD}
{ADD (l) Have the facility record and periodically update the address and telephone number of the resident's legal representative or responsible party; ADD}
{ADD (m) Manage his or her financial affairs. The facility may not require residents to deposit their personal funds with the facility. Upon written authorization of a resident and with the agreement of the facility, the facility holds, safeguards, manages and accounts for personal funds of the resident as follows: ADD}
{ADD (i) Funds in excess of three hundred dollars ($300) must be in an interest bearing account, separate from any facility operating account, that credits all interest on the resident's funds to that account and the facility shall purchase a surety bond on this account; ADD}
{ADD (ii) A full and separate accounting of each resident's personal funds maintained must be available through quarterly statements and on request of the resident; ADD}
{ADD (iii) Resident funds shall not be commingled with facility funds or with funds of any person other than another resident; ADD}
{ADD (iv) Upon the death of a resident, the facility must convey within thirty (30) days the resident's funds deposited with the facility, and a full accounting of those funds to the resident's ADD}
{ADD responsible party, or the administrator of the resident's estate; ADD}
{ADD (n) Have access to representatives of the state ombudsperson and to allow the ombudsperson to examine a resident's records with the permission of the resident and consistent with state law; ADD}
{ADD (o) Be informed in writing, prior to, or at the time of admission or during his or her stay of: ADD}
{ADD (i) the services available and of related charges, including charges not covered either under federal and/or state programs by other third party payors or by the facility's basic rate; ADD}
{ADD (ii) the facility's policies regarding overdue payment including notice provisions and a schedule for late fee charges; ADD}
{ADD (iii) the facility's policy regarding acceptance of state and federal government reimbursement for care in the facility both at time of admission and during the course of residency if the resident depletes his or her own private resources; ADD}
{ADD (p) To be encouraged to meet with and participate in activities of social, religious, and community groups at the resident's discretion; ADD}
{ADD (q) Upon provision of at least thirty (30) days notice, if a resident chooses to leave a facility, the resident shall be refunded any advanced payment made provided that the resident is current in all payments; ADD}
{ADD (r) The facility can discharge a resident only for the following reasons and within the following guidelines: ADD}
{ADD (i) except in life-threatening emergencies and for nonpayment of fees and costs, the facility gives thirty (30) days' advance written notice of discharge with a statement containing the reason, the effective date of termination, and the resident's right to an appeal under state law; ADD}
{ADD (ii) if resident does not meet the requirements for residency criteria stated in the residency agreement or requirements of state or local laws or regulations; ADD}
{ADD (iii) if resident is a danger to self or the welfare of others; and the facility has attempted to make a reasonable accommodation without success to address resident behavior in ways that would make discharge or change unnecessary; which would be documented in the resident's records; ADD}
{ADD (iv) for failure to pay all fees and costs stated in the contract, resulting in bills more than thirty (30) days outstanding. A resident who has been given notice to vacate for nonpayment of rent has the right to retain possession of the premises, up to any time prior to eviction from the premises, by tendering to the provider the entire amount of fees for services, rent, interest, and costs then due. The provider may impose reasonable late fees for overdue payment; provided that the resident has received due notice of such charges in accordance with the facility's policies. Chronic and repeated failure to pay rent if a violation of the lease covenant. However the facility must make reasonable efforts to accommodate temporary financial hardship and provide information on government or private subsidies available that may be available to help with costs; and ADD}
{ADD (v) the facility makes a good faith effort to counsel the resident if the resident shows indications of no longer meeting residence criteria or if service with a termination notice is anticipated; ADD}
{ADD (s) The facility provides for a safe and orderly discharge, including assistance with identifying a resource to help locate another setting, regardless of reason for move-out; ADD}
{ADD (t) To have the resident's responsible person, and physician notified when there is: ADD}
{ADD (i) an accident involving the resident which results in injury and required physician intervention; ADD}
{ADD (ii) a significant change in the resident's physical, mental or psychosocial status or treatment; ADD}
{ADD (u) To be able to share a room with a spouse or other consenting resident of the facility in accordance with terms of the resident contract; ADD}
{ADD (v) To live in a safe and clean environment; ADD}
{ADD (w) To have and use his or her own possessions where reasonable and have an accessible lockable space provided for security of small personal valuables; ADD}
{ADD (x) To receive a nourishing, palatable, well-balanced diet that meets his or her daily nutritional and special medical dietary needs; ADD}
{ADD (y) To attain or maintain the highest practicable physical, mental, and psychosocial well-being; and ADD}
{ADD (z) To be allowed to maintain an amount of money to cover reasonable monthly personal expenses the amount of which shall be at least equal to that amount required for individuals on SSI as provided under Rhode Island general laws section 40-6-27(a)(3). ADD}
{ADD (aa) The facility must implement written policies and procedures to ensure that all facility staff are aware of and protect the resident's rights contained herein. ADD}
SECTION 2. This act shall take effect upon passage.
