1001. General (II).
A.The facility shall comply with all current Federal, State, and local laws and regulations concerning
resident care, resident rights, and protections, and privacy and disclosure requirements, e.g., 1976 Section
44-81-10, et seq., Resident’s Bill of Rights, Alzheimer’s Special Care Disclosure Act, and the Omnibus
Adult Protection Act notice, 1976 Code Section 43-35-5, et seq. (I)
B.The Resident’s Bill of Rights, the Omnibus Adult Protection Act, and other notices as required by law,
shall be prominently displayed in public areas of the facility.
C.The facility shall comply with all relevant Federal, State, and local laws and regulations concerning
discrimination, e.g., Title VII, Section 601 of the Civil Rights Act of 1964, and ensure that there is no
discrimination with regard to the source of payment in the recruitment, location of resident, acceptance or
provision of goods and services to residents or potential residents, provided that payment offered is not less
than the cost of providing services.
D.Achieving the highest level of self-care and independence by residents shall be reflected in the manner
in which the facility provides/promotes resident care, e.g., residents making their own decisions, selecting
a physician or other provider, maintaining personal property, managing finances.
E.Should a facility develop “house rules,” the rules shall not be in conflict with the provisions of the
Resident’s Bill of Rights or other rights/assurances addressed in this regulation.
F. Residents shall be provided the opportunity to provide input into changes in facility operational
policies, procedures, services, including “house rules.”
G.Residents shall be assured freedom of movement. Residents shall not be locked in or out of their rooms
or any common usage areas (e.g., dining, sitting, activity rooms) in the facility, or in or out of the facility
building. Exit doors may be equipped with delayed egress locks as permitted by the codes referenced in
Section 1902.A. (I)
H.The facility shall develop a grievance/complaint procedure to be exercised on behalf of the residents
to enforce the Resident’s Bill of Rights which includes the address and phone number of the Department,
and a provision prohibiting retaliation should the grievance right be exercised.
I. Care, services, and items provided by the facility, the charges, and those services that are the
responsibilities of the resident shall be delineated in writing. The resident shall be made aware of such
charges/services and changes to charges/services as verified by the signature of the resident or responsible
party.
J. Residents shall not be requested or required to perform any type of care/service in the facility that
would normally be the duty of a staff member/volunteer. Residents may be allowed to engage in such
activities as listed in the ICP with written authorization not necessarily in the ICP from a physician or other
authorized healthcare provider, if strictly voluntary, and under proper supervision. (I)
K.Residents shall be allowed sufficient time to attempt and complete activities of daily living tasks
without unnecessary intervening by staff members/volunteers in order to expedite completion of the tasks.
Staff members/volunteers shall intervene appropriately as necessary to assist residents whose completion
of the tasks may be impeded by their physical/mental condition.
L.Residents shall be permitted to use the telephone and shall be allowed privacy when placing or
receiving telephone calls. This access shall include business hours from 7 a.m. through 8 p.m., seven (7)
days a week, and other times when appropriate. This telephone service shall be available for use by residents
and/or visitors for their private, discretionary use; payphones for this purpose are acceptable. Telephones
capable of only local calls are acceptable for this purpose, provided other arrangements exist to provide
resident/visitor discretionary access to a telephone capable of long-distance service.
M. In instances when a resident moves/relocates, lack of advance notice by the resident of the departure
shall not relieve the facility of the obligation to refund the monies due the resident. The facility may charge
the resident no more than fourteen (14) days of occupancy if the resident fails to notify in writing the
administrator of the intent to voluntarily relocate. However, if the facility is able to fill the bed vacated by
the resident, the facility shall cease charging the resident regardless of the notice given. The facility shall
notify the previous resident in writing as soon as it fills the bed with a new resident. This does not apply to
residents that participate in the Optional State Supplementation Program (OSS). Voluntary relocation does
not occur when a resident of a CRCF seeks to be discharged because a higher level of care is required or
because the resident’s health, safety, or welfare is endangered