§ 2800.41. Notification of rights and complaint procedures.
(a) Upon admission, each resident and, if applicable, the resident’s designated person, shall be informed of resident rights and
the right to lodge complaints without intimidation, retaliation or threats of retaliation by the residence
or its staff persons against the reporter. Retaliation includes transfer or discharge
from the residence.
(b) Notification of rights and complaint procedures shall be communicated in
an easily understood manner and in a language understood by or mode of communication used by the resident and, if applicable, the resident’s designated person.
(c) The Department’s poster of the list of resident’s rights shall be posted in
a conspicuous and public place in the residence.
(d) A copy of the resident’s rights and complaint procedures shall be given to
the resident and, if applicable, the resident’s designated person, upon admission.
(e) A statement signed by the resident and, if applicable, the resident’s designated person acknowledging receipt of a copy of the information specified in
subsection (d), or documentation of efforts made to obtain a signature, shall be kept
in the resident’s record.
§ 2800.42. Specific rights.
(a) A resident may not be discriminated against because of race, color, religious creed, disability, ancestry, sexual orientation, national origin, age or sex.
(b) A resident may not be neglected, intimidated, physically or verbally
abused, mistreated, subjected to corporal punishment or disciplined in any way.
A resident must be free from mental, physical, and sexual abuse and exploitation,
neglect, financial exploitation and involuntary seclusion.
(c) A resident shall be treated with dignity and respect.
(d) A resident shall be informed of the rules of the residence and given 30
days’ written notice prior to the effective date of a new residence rule.
(e) A resident shall have access to a telephone in the residence to make calls
in privacy. Nontoll calls must be without charge to the resident.
(f) A resident has the right to receive and send mail.
(1) Outgoing mail may not be opened or read by staff persons unless the
resident requests.
(2) Incoming mail may not be opened or read by staff persons unless upon
the request of the resident or the resident’s designated person.
(g) A resident has the right to communicate privately with and access the
local ombudsman.
(h) A resident has the right to practice the religion or faith of the resident’s
choice, or not to practice any religion or faith.
(i) A resident shall receive assistance in accessing health care services,
including supplemental health care services.
(j) A resident shall receive assistance in obtaining and keeping clean, seasonal clothing. A resident’s clothing may not be shared with other residents.
(k) A resident and the resident’s designated person, and other individuals
upon the resident’s written approval shall have the right to access, review and
request corrections to the resident’s record.
(l) A resident has the right to furnish his living unit and purchase, receive,
use and retain personal clothing and possessions.
(m) A resident has the right to leave and return to the residence at times consistent with the residence rules and the resident’s support plan.
(n) A resident has the right to relocate and to request and receive assistance,
from the residence, in relocating to another facility. The assistance must include
helping the resident get information about living arrangements, making telephone
calls and transferring records.
(o) A resident has the right to freely associate, organize and communicate
privately with his friends, family, physician, attorney and other persons.
(p) A resident shall be free from restraints.
(q) A resident shall be compensated in accordance with State and Federal
labor laws for labor performed on behalf of the residence. Residents may voluntarily and without coercion perform tasks
related directly to the resident’s personal space or common areas of the residence.
(r) A resident has the right to receive visitors at any time provided that the
visits do not adversely affect other residents. A residence may adopt reasonable
policies and procedures related to visits and access. If the residence adopts those
policies and procedures, they will be binding on the residence.
(s) A resident has the right to privacy of self and possessions. Privacy shall
be provided to the resident during bathing, dressing, changing and medical procedures.
(t) A resident has the right to file complaints, grievances or appeals with any
individual or agency and recommend changes in policies, residence rules and services of the residence without intimidation, retaliation or threat of discharge.
(u) A resident has the right to remain in the residence, as long as it is operating with a license, except as specified in § 2800.228 (relating to transfer and
discharge).
(v) A resident has the right to receive services contracted for in the residentresidence contract.
(w) A resident has the right to use both the residence’s procedures and external procedures to appeal involuntary discharge.
(x) A resident has the right to a system to safeguard a resident’s money and
property.
(y) To the extent prominently displayed in the written resident-residence contract, a residence may require residents to use providers of supplemental health
care services as provided in § 2800.142 (relating to assistance with medical care
and supplemental health care services). When the residence does not designate,
the resident may choose the supplemental health care service provider. The
actions and procedures utilized by a supplemental health care service provider
chosen by a resident must be consistent with the residence’s systems for caring
for residents. This includes the handling and assisting with the administration of
resident’s medications, and may not conflict with Federal laws governing residents.
(z) The resident has the right to choose his primary care physician.
§ 2800.43. Prohibition against deprivation of rights.
(a) A resident may not be deprived of his rights.
(b) A resident’s rights may not be used as a reward or sanction.
(c) Waiver of any resident right shall be void.
Cross References
This section cited in 55 Pa. Code § 2800.16 (relating to reportable incidents and conditions); and
55 Pa. Code Appendix A (relating to assisted living resident rights: during residency and during discharge or termination of residency).
§ 2800.44. Complaint procedures.
(a) Prior to admission, the residence shall inform the resident and the resident’s designated person of the right to file and the
procedure for filing a complaint with the Department’s Assisted Living Residence Licensing Office, local
ombudsman or protective services unit in the area agency on aging, the Disability Rights Network or law enforcement agency.
(b) The residence shall permit and respond to oral and written complaints
from any source regarding an alleged violation of resident rights, quality of care
or other matter without retaliation or the threat of retaliation.
(c) If a resident indicates that he wishes to make a written complaint, but
needs assistance in reducing the complaint to writing, the residence shall assist
the resident in writing the complaint.
(d) The residence shall ensure investigation and resolution of complaints. The
residence shall designate the staff person responsible for receiving complaints and
determining the outcome of the complaint. The residence shall keep a log of all
complaints and the outcomes of the complaints.
(e) Within 2 business days after the submission of a written complaint, a status report shall be provided by the residence to the complainant. If the resident is
not the complainant, the resident and the resident’s designated person shall
receive the status report unless contraindicated by the support plan. The status
report must indicate the steps that the residence is taking to investigate and
address the complaint.
(f) Within 7 days after the submission of a written complaint, the residence
shall give the complainant and, if applicable, the designated person, a written
decision explaining the residence’s investigation findings and the action the residence plans to take to resolve the complaint.
If the resident is not the complainant, the affected resident shall receive a copy of the decision unless contraindicated by the support plan.
If the residence’s investigation validates the complaint
allegations, a resident who could potentially be harmed or his designated person
shall receive a copy of the decision, with the name of the affected resident
removed, unless contraindicated by the support plan.
(g) The telephone number of the Department’s Assisted Living Residence
Licensing Office, the local ombudsman or protective services unit in the area
agency on aging, the Disability Rights Network, the local law enforcement
agency, the Commonwealth Information Center and the assisted living residence
complaint hotline shall be posted in large print in a conspicuous and public place
in the residence.
(h) Nothing in this section may affect in any way the right of the resident to
file suit or claim for damages.