Respecting resident rights | AZ

Respecting resident rights

The 1987 Nursing Home Reform Law was instrumental in transforming the mindset of long-term care providers and creating the modern senior living realm as we know it today. The law places a strong emphasis on individual dignity and independence guaranteeing them a quality of life that is similar to living in a community at large. Many states, such as Arizona, have adapted their own set of regulations regarding resident rights in the assisted living facility as seen below:

R9-10-810. Resident Rights

1. A manager shall ensure that, at the time of acceptance, a resident or the resident’s representative receives a written copy of the requirements in subsection (B) and the resident rights in subsection (C).
2. A manager shall ensure that:
3. A resident is treated with dignity, respect, and consideration;
4. A resident is not subjected to:
5. Abuse;
6. Neglect;
7. Exploitation;
8. Coercion;
9. Manipulation;
10. Sexual abuse;
11. Sexual assault;
12. Seclusion;
13. Restraint;
14. Retaliation for submitting a complaint to the Department or another entity; or
15. Misappropriation of personal and private property by the assisted living facility’s manager, caregivers, assistant caregivers, employees, or volunteers; and
16. A resident or the resident’s representative:
17. Is informed of the following:
18. The policy on health care directives, and
19. The resident complaint process;
20. Consents to photographs of the resident before the resident is photographed, except that a resident may be photographed when accepted as a resident by an assisted living facility for identification and administrative purposes;
21. Except as otherwise permitted by law, provides written consent before the release of information in the resident’s:
22. Medical record, or
23. Financial records;
24. May:
25. Request or consent to relocation within the assisted living facility; and
26. Except when relocation is necessary based on a change in the resident’s condition as documented in the resident’s service plan, refuse relocation within the assisted living facility;
27. Has access to the resident’s records during normal business hours or at a time agreed upon by the resident or resident’s representative and the manager; and
28. Is informed of:
29. The rates and charges for services before the services are initiated;
30. A change in rates or charges at least 30 calendar days before the change is implemented, unless the change in rates or charges results from a change in services; and iii. A change in services at least 30 calendar days before the change is implemented, unless the resident’s service plan changes.
31. A resident has the following rights:
32. Not to be discriminated against based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, or diagnosis;
33. To receive assisted living services that support and respect the resident’s individuality, choices, strengths, and abilities;
34. To receive privacy in:
35. Care for personal needs;
36. Correspondence, communications, and visitation; and
37. Financial and personal affairs;
38. To maintain, use, and display personal items unless the personal items constitute a hazard;
39. To choose to participate or refuse to participate in social, recreational, rehabilitative, religious, political, or community activities;
40. To review, upon written request, the resident’s own medical record;
41. To receive a referral to another health care institution if the assisted living facility is not authorized or not able to provide physical health services or behavioral health services needed by the patient;
42. To choose to access services from a health care provider, health care institution, or pharmacy other than the assisted living facility where the resident is residing and receiving services or a health care provider, health care institution, or pharmacy recommended by the assisted living facility;
43. To participate or have the resident’s representative participate in the development of, or decisions concerning the resident’s service plan; and
44. To receive assistance from a family member, the resident’s representative, or another individual in understanding, protecting, or exercising the resident’s rights.

Pro Tip:

• Develop a committee of residents, such as a resident council, to assist with the upholding of resident’s rights. Use this council to get a pulse of the community and stay in touch with what your residents are going through.
• Work with the BRFL and the local ombudsman closely to promote the standards of resident rights within your community.