13.1 The assisted living residence shall adopt, and place in a publicly visible location, a statement
regarding the rights and responsibilities of its residents. The assisted living residence and staff
shall observe these rights in the care, treatment and oversight of the residents. The statement of
rights shall include, at a minimum, the following items:
(A) The right to privacy and confidentiality, including
(1) The right to have private and unrestricted communications with any person of choice;
(2) The right to private telephone calls or use of electronic communication;
(3) The right to receive mail unopened;
(4) The right to have visitors at any time; and
(5) The right to private, consensual sexual activity.
(B) The right to civil and religious liberties, including
(1) The right to be treated with dignity and respect;
(2) The right to be free from sexual, verbal, physical or emotional abuse, humiliation, intimidation, or punishment;
(3) The right to be free from neglect;
(4) The right to live free from financial exploitation, restraint as defined in this chapter, and involuntary confinement except as allowed by the secure environment requirements of this chapter;
(5) The right to vote;
(6) The right to exercise choice in attending and participating in religious activities;
(7) The right to wear clothing of choice unless otherwise indicated in the care plan; and
(8) The right to care and services that are not conditioned or limited because of a
resident’s disability, sexual orientation, ethnicity, and/or personal preferences.
(C) The right to personal and community engagement, including
(1) The right to socialize with other residents and participate in assisted living
residence activities, in accordance with the applicable care plan;
(2) The right to full use of the assisted living residence common areas in compliance with written house rules;
(3) The right to participate in resident meetings, voice grievances and recommend changes in policies and services without fear of reprisal;
(4) The right to participate in activities outside the assisted living residence and
request assistance with transportation; and
(5) The right to use of the telephone including access to operator assistance for
placing collect telephone calls.
(a) At least one telephone accessible to residents utilizing an auxiliary aid
shall be available if the assisted living residence is occupied by one or
more residents utilizing such an aid.
(D) The right to choice and personal involvement regarding care and services, including
(1) The right to be informed and participate in decision making regarding care and
services, in coordination with family members who may have different opinions;
(2) The right to be informed about and formulate advance directives;
(3) The right to freedom of choice in selecting a health care service or provider;
(4) The right to expect the cooperation of the assisted living residence in achieving
the maximum degree of benefit from those services which are made available by
the assisted living residence;
(a) For residents with limited English proficiency or impairments that inhibit
communication, the assisted living residence shall find a way to facilitate
communication of care needs.
(5) The right to make decisions and choices in the management of personal affairs,
funds and property in accordance with resident ability;
(6) The right to refuse to perform tasks requested by the assisted living residence or
staff in exchange for room, board, other goods or services;
(7) The right to have advocates, including members of community organizations
whose purposes include rendering assistance to the residents;
(8) The right to receive services in accordance with the resident agreement and the
care plan; and
(9) The right to 30 calendar days written notice of changes in services provided by
the assisted living residence including, but not limited to, involuntarily change of
room or changes in charges for a service. Exceptions to this notice are:
(a) Changes in the resident’s medical acuity that result in a documented
decline in condition and that constitute an increase in care necessary to
protect the health and safety of the resident; and
(b) Requests by the resident or the family for additional services to be added
to the care plan.
Ombudsman Access
13.2 In accordance with the Older Americans Act Reauthorization Act of 2016 (P.L. 114-144), and
§26-11.5-108 and 25-27-104(2)(e), C.R.S., an assisted living residence shall permit access to the
premises and residents by the state ombudsman and the designated local long-term care
ombudsman at any time during an ALR’s regular business hours or regular visiting hours, and at
any other time when access may be required by the circumstances to be investigated.
House Rules
13.3 The assisted living residence shall establish written house rules and place them in a publically
visible location so that they are always available to residents and visitors.
13.4 The house rules shall list all possible actions which may be taken by the assisted living residence
if any rule is knowingly violated by a resident. House rules shall not supersede or contradict any
regulation herein, or in any way discourage or hinder a resident’s exercise of his or her rights.
House rules shall address, at a minimum, the following items:
(A) Smoking including the use of electronic cigarettes and vaporizers,
(B) Cooking,
(C) Protection of valuables on premises,
(D) Visitors,
(E) Telephone usage including frequency and duration of calls,
(F) Use of common areas and devices such as television, radio and computer,
(G) Consumption of alcohol and marijuana, and
(H) Pets.
Resident Meetings
13.5 Each assisted living residence shall hold regular meetings with residents, staff, family and friends
of residents so that all have the opportunity to voice concerns and make recommendations
concerning assisted living residence care, services, activities, policies and procedures.
13.6 Meetings shall be held at least quarterly with an opportunity for more frequent meetings if
requested.
13.7 Written minutes of such meetings shall be maintained and made readily available for review by
residents or family members.
13.8 Before the next regularly scheduled meeting, assisted living residence staff shall respond in
writing to any suggestions or issues raised at the prior meeting.
13.9 Residents and family members shall also have the opportunity to meet without the presence of
assisted living residence staff.
Internal Grievance and Complaint Resolution Process
13.10 Each assisted living residence shall develop and implement an internal process to ensure the
routine and prompt handling of grievances or complaints brought by residents, family members or
advocates. The process for raising and addressing grievances and complaints shall be placed in
a visible on-site location along with full contact information for the following agencies.
(A) The state and local long-term care ombudsman,
(B) The Adult Protection Services of the appropriate county Department of Social Services,
(C) The advocacy services of the area’s agency on aging,
(D) The Colorado Department of Public Health and Environment, and
(E) The Colorado Department of Health Care Policy and Financing in those cases where the
assisted living residence is licensed to provide services specifically for persons with
intellectual and developmental disabilities.
Investigation of Abuse and Neglect Allegations
13.11 The assisted living residence shall investigate all allegations of abuse, neglect or exploitation of
residents in accordance with section 5 and its written policy which shall include, but not be limited
to, the following:
(A) Reporting requirements to the appropriate agencies such as the adult protection services
of the appropriate county Department of Social Services and to the assisted living
residence administrator,
(B) A requirement that the assisted living residence notify the legal representative about the
allegation within 24 hours of the assisted living residence becoming aware of the
allegation,
(C) The process for investigating such allegations,
(D) How the assisted living residence will document the investigation process to evidence the
required reporting and that a thorough investigation was conducted,
(E) A requirement that the resident shall be protected from potential future abuse and neglect
while the investigation is being conducted,
(F) A requirement that if the alleged neglect or abuse is verified, the assisted living residence
shall take appropriate corrective action, and
(G) A requirement that a copy of the report with the investigation findings shall be retained by
the facility and available for Department review.