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This entry was published on 2014-09-22
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SECTION 4660*2
Rights of residents in assisted living residences
Public Health (PBH) CHAPTER 45, ARTICLE 46-B, TITLE 4
* § 4660. Rights of residents in assisted living residences. 1. The
principals enunciated in subdivision three of this section are declared
to be the public policy of the state and a copy of such statement of
rights and responsibilities shall be posted conspicuously in a public
place in each residence covered hereunder.

2. Every assisted living residence shall adopt and make public a
statement of the rights and responsibilities of the residents residing
in such residence, and shall treat such residents in accordance with the
provisions of such statement.

3. Resident's rights and responsibilities shall include, but not be
limited to the following:

(a) every resident's participation in assisted living shall be
voluntary, and prospective residents shall be provided with sufficient
information regarding the residence to make an informed choice regarding
participation and acceptance of services;

(b) every resident's civil and religious liberties, including the
right to independent personal decisions and knowledge of available
choices, shall not be infringed;

(c) every resident shall have the right to have private communications
and consultations with his or her physician, attorney, and any other
person;

(d) every resident, resident's representative and resident's legal
representative, if any, shall have the right to present grievances on
behalf of himself or herself or others, to the residence's staff,
administrator or assisted living operator, to governmental officials, to
long term care ombudsmen or to any other person without fear of
reprisal, and to join with other residents or individuals within or
outside of the residence to work for improvements in resident care;

(e) every resident shall have the right to manage his or her own
financial affairs;

(f) every resident shall have the right to have privacy in treatment
and in caring for personal needs;

(g) every resident shall have the right to confidentiality in the
treatment of personal, social, financial and medical records, and
security in storing personal possessions;

(h) every resident shall have the right to receive courteous, fair and
respectful care and treatment and a written statement of the services
provided by the residence, including those required to be offered on an
as-needed basis;

(i) every resident shall have the right to receive or to send personal
mail or any other correspondence without interception or interference by
the operator or any person affiliated therewith;

(j) every resident shall have the right not to be coerced or required
to perform the work of staff members or contractual work;

(k) every resident shall have the right to have security for any
personal possessions if stored by the operator;

(l) every resident shall have the right to receive adequate and
appropriate assistance with activities of daily living, to be fully
informed of their medical condition and proposed treatment, unless
medically contraindicated, and to refuse medication, treatment or
services after being fully informed of the consequences of such actions,
provided that an operator shall not be held liable or penalized for
complying with the refusal of such medication, treatment or services by
a resident who has been fully informed of the consequences of such
refusal;

(m) every resident and visitor shall have the responsibility to obey
all reasonable regulations of the residence and to respect the personal
rights and private property of the other residents;

(n) every resident shall have the right to include their signed and
witnessed version of the events leading to an accident or incident
involving such resident in any report of such accident or incident;

(o) every resident shall have the right to receive visits from family
members and other adults of the resident's choosing without interference
from the assisted living residence; and

(p) every resident shall have the right to written notice of any fee
increase not less than forty-five days prior to the proposed effective
date of the fee increase, provided however providing additional services
to a resident shall not be considered a fee increase pursuant to this
paragraph.

Waiver of any provision contained within this subdivision shall be
void;

4. Each assisted living operator shall give a copy of the statement of
rights and responsibilities to each resident at or prior to the time of
admission to the residence, the resident's representative and resident's
legal representative, if any, and to each member of the residence's
staff and any current resident.

* NB There are 2 § 4660's