Section 16.03.19.200 - RESIDENT RIGHTS POLICYThe provider must possess and implement a written policy designed to protect and promote resident rights. In addition to the rights under Section 39-3516, Idaho Code, the resident rights policy must include the following:
01.Monitoring Correspondence. The right to send and receive mail unopened, either by postal service, electronically, or by other means, unless the resident's plan of service specifically calls for the provider to monitor the correspondence to protect the resident from abuse or exploitation.02.Image. The right to control staff's use of pictures and videos containing the resident's image.03.Crime-Free Living Environment. The right to a living environment free of illicit drug use or possession, and other criminal activities.04.Freedom From Discrimination. The right to be free from discrimination on the basis of race, color, national origin, sex, religion, age, disability, or veteran status;05.Freedom of Choice. The right to be free from intimidation, manipulation, and coercion.06.Basic Needs Allowance. For each resident whose care is publicly funded, in whole or in part, the right to retain, for personal use, the CFH basic allowance established by IDAPA 16.03.05. "Eligibility for Aid to the Aged, Blind, and Disabled," Section 513. The provider's total monthly charges to a resident receiving public assistance must be limited to ensure the resident retains at least the basic needs allowance.07.Resident Funds and Property. The right to manage personal funds and use personal property, including access to the home.a. The resident has the right to retain and use personal property in their own living area. The provider must ensure, however, the storage and use of these items by the resident does not present a fire or life safety hazard.08.Access to Records, Medications, and Treatments. The right for the resident's healthcare professionals to have reasonable access to the resident's records, medications, and treatments subject to the resident's permission.09.Freedom From Exploitation. The right to be free from exploitation.10.Written Response to Grievance. The right to a written response to any expressed grievance describing how the provider resolved or attempted to resolve the grievance.11.Advance Notice. The right to receive written advance notice at least thirty (30) calendar days prior to non-emergency transfer or discharge unless the transfer or discharge is for a reason under Section 261 of these rules.12.Personal Records. The right to access personal records, including those under Section 270 of these rules.13.Activities. The right to participate in social, religious, and community activities.14.Other CFHs. The right to review a list of other CFHs that may be available in case of transfer.15.File Complaints. The right to file a complaint with the Department under Section 160 of these rules.16.Care of a Personal Nature. The right to refuse routine care of a personal nature from any person whom the resident is uncomfortable receiving such care.17.Formulate Advance Directives. The right to be informed, in writing, regarding the formulation of advance directives under Title 39, Chapter 45, Idaho Code.18.Other Rights. The right to exercise any other rights established by law.Idaho Admin. Code r. 16.03.19.200