64-14-6.  Resident Rights.


6.1.  General Rights.


6.1.a.  The licensee shall post in a conspicuous place the assisted living residence’s license, a copy of the residents’ rights, the house rules including visiting hours, and the phone numbers for the abuse hotline, the office of the licensing agency, and the state ombudsman.  (Class III)


6.1.b.  The licensee shall also post the name, address and telephone number of the designated long-term care ombudsman program serving the region in which the residence is located, with a brief description of the services provided by the long-term care ombudsman program, and a statement of the penalties for willful interference and retaliation.  (Class III)


6.1.c.  The licensee shall provide one or as many copies as needed of the residents’ rights to the resident.  (Class III)


6.1.d.  The licensee shall promptly notify the resident and the resident’s legal representative or designated family member when there is a change in residents’ rights.  (Class III)


6.1.e.  The licensee shall notify the resident and his or her representative or designated family member at least seventy-two (72) hours prior to a change in room or roommate assignment unless an emergency situation occurs.  (Class III)


6.1.f.  If a legal representative has been appointed for, or designated by, any resident as having the authority to exercise one (1) or more of the resident’s rights for the resident, the licensee shall permit the legal representative to exercise the authority.  If the legal representative exercises the authority for a resident, it shall be in a manner consistent with applicable federal and state laws.  The licensee shall keep a copy of the document granting legal authority to a representative in the resident’s record. (Class III)


6.1.g.  Nothing in this rule shall in any way be construed to diminish or deprive any individual of his or her rights under federal and state laws.  (Class III)


6.1.h.  A resident shall  be encouraged and assisted to exercise his or her rights as a resident and as a citizen, including voting in governmental elections.  (Class III)


6.1.i.  A resident has the right to be free from restraint, interference, coercion, discrimination, or reprisal from the licensee in exercising his or her rights.  (Class II)


6.1.j.  A resident has the right to be free from discriminatory practices related to admission or services on the grounds of race, religion, national origin, age, gender, sexual orientation or disability.  (Class II)


6.1.k.  A resident has the right to manage his or her financial affairs and shall not be required to deposit his or her personal funds with the residence.  (Class III)


6.1.l.  A resident has the right to inspect all of his or her records, to obtain one free copy of the records, and to purchase additional copies at a reasonable cost.  (Class III)


6.1.m.  A resident has the right to view the results of inspections and complaint investigations conducted by the licensing agency.  The licensee shall make available, in a place accessible to residents, the deficiencies cited during the most recent survey, any complaint investigation conducted within the preceding twelve (12) months, and the residence’s plan of correction.  (Class III)


6.1.n.  A resident has the right to retain and use personal possessions including furnishings and clothing as space permits, unless to do so would infringe upon the rights, health or safety of other residents.  (Class III)


6.2.  Treatment.


6.2.a.  A resident has the right to participate in planning his or her overall care, to use the physician and pharmacist of his or her choice, to be fully informed in advance about care and treatment that may affect him or her, to make advanced directives about his or her medical care and to refuse treatment.  (Class II)


6.2.b.  The licensee shall ensure that no resident is abused, exploited, neglected, mistreated, or restrained by physical or chemical means.  Staff shall only use physical restraints in an emergency under physician’s order, for the safety of the resident or others in the assisted living residence until professional help arrives on the premises.  Restraint use shall not exceed a twenty-four (24) hour period.  Restraints used during emergencies are limited to a cloth vest or soft belt restraints, and only trained staff shall apply a restraint.  Staff  shall release the restraint every two (2) hours for at least ten (10) minutes.  Staff shall document in the resident record the reason for restraint use and all procedures followed. Only half length bed side rails are permissible.  (Class I)


6.2.c.  The licensee or staff shall report neglect, abuse or emergency situations immediately, in accordance with W. Va. Code §9-6-9, to the local adult protective services office or contact the adult protective services hotline number.  In all situations of suspected abuse or neglect, the WV Department of health and human resources adult protective services reporting form must be completed within forty-eight (48) hours and sent to the appropriate parties as written follow-up to the immediate report.  In addition, the licensee or staff shall contact the assisted living residence’s licensing agency as provided in Subdivision 6.2.f. of this subsection.  The commissioner may report alleged failures by a licensed health care professional to report alleged incidents of neglect or abuse or emergency situations to the individual’s licensing board.  (Class I)


6.2.d.  The licensee shall ensure that all allegations involving abuse, exploitation or neglect are immediately and thoroughly documented and investigated by the licensee, or his or her designee, on receipt of the allegation.  While the investigation is in progress, the licensee shall take measures to ensure that further abuse does not occur.  (Class I)


6.2.e.  If the allegation is substantiated, the licensee shall assure that appropriate sanctions are invoked or actions are taken to prevent a recurrence of alleged abuse, exploitation or neglect.  (Class I)


6.2.f.  The licensee shall notify the licensing agency within seventy-two (72) hours of the date of an allegation of abuse, exploitation, or neglect.  The licensee shall concurrently forward to the licensing agency documentation of the investigation, the results of the investigation and the response to the investigation.  (Class III)


6.2.g.  A resident has the right to refuse to participate in experimental research.  A resident may participate in experimental research only when he or she has given prior written informed consent that conforms with applicable federal and state laws.  (Class II)


6.2.h.  A resident has the right to make choices regarding the activities of his or her daily life, such as when to retire at night or arise in the morning.  (Class III)


6.2.i.  A resident has the right to be free to leave the residence and grounds according to his or her needs and capabilities as documented in the service plan.  (Class II)


6.2.j.  A resident has the right to personal privacy and confidentiality, including accommodations, medical treatment, records, written and telephone communications, personal assistance, visits and meetings of family and resident groups.  (Class II)


6.2.k.  The use of visual and auditory devices to monitor areas of the assisted living residence is restricted to common areas only.  The licensee shall provide written notice to the resident or his or her legal representative of the use of these devices at the time of admission and also post a notice about their use in a prominent place in the residence.  (Class III)


6.2.l.  No person shall enter a resident’s room without identifying him or herself to the resident and receiving the resident’s permission to enter.  (Class III)


6.2.m.  A resident has the right to voice grievances with respect to treatment or care provided without discrimination or reprisal for voicing the grievance.  (Class II)


6.2.n.  A resident has the right to prompt action by the licensee to resolve any complaints the resident has, including those with respect to the behavior of other residents.  The licensee shall respond to the complainant in writing no later than four (4) days after the complaint is filed.  (Class III)


6.2.o.  A resident has the right to refuse to perform services for the residence.  (Class III)


6.2.p.  A resident has the right to be employed in or outside the residence if the resident enters into the agreement voluntarily and the agreement to work in the residence is not a condition for admission or continued stay in the residence.  A resident who performs staff duties shall meet the personnel and health requirements for that position and shall not perform work that creates conditions potentially hazardous for himself or herself or others.  (Class II)


6.3.  Access, Visitation and Communication.


6.3.a.  A resident has the right to participate in social, religious, and community  activities of his or her choice.  (Class III)


6.3.b.  A resident has the right to meet and communicate privately with persons of his or her choice.  (Class III)


6.3.c.  A resident has the right to assemble and organize with other residents to solicit and recommend improvements in the assisted living residence’s services and to resolve problems that arise between the residents and the licensee.  (Class III)


6.3.d.  A resident has the right to send and promptly receive unopened mail.  A staff member shall only open and read correspondence when requested by a resident.  (Class III)


6.3.e.  A resident shall have access to stationery, postage and writing tools.  (Class III)


6.3.f.  A resident shall have access to a telephone and privacy during its use.  (Class III)


6.3.g.  A resident has the right to receive visitors during established and mutually agreed upon visiting hours, but relatives, members of the clergy, and other individuals of the resident’s choosing may visit at any time, subject to the resident’s right to withdraw consent.  No visitor’s presence may infringe upon the rights of other residents.  (Class II)


6.3.h.  A resident has the right to receive information from agencies acting as client advocates, such as the state’s long term care ombudsman program, and to contact these agencies.  (Class II)


6.3.i.  All of the following shall have immediate access to any resident and the premises of the assisted living residence: any representative of the state acting in an official capacity related to assisted living residences; the resident’s individual physician; the state and local long term care ombudsmen; and agencies responsible for the protection and advocacy system for mentally retarded or developmentally disabled individuals and the mentally ill.  (Class I)