Utah Admin. Code 432-200-13

Current through Bulletin 2024-23, December 1, 2024

Section R432-200-13 - Resident Rights

(1) The licensee shall develop resident rights policies and procedures.

(2) The licensee shall appoint a committee to update policy and evaluate and act on resident rights complaints.

(3) The licensee shall post written rights in areas accessible to residents and made available to the resident, guardian or next of kin and the department on request.

(4) The licensee shall ensure that each resident admitted to the facility has the right to:

(a) be fully informed, as evidenced by written acknowledgment before or at the time of admission and during stay, of resident rights and of rules governing resident conduct;

(b) be fully informed, before or at the time of admission and during stay, of services available in the facility and of related charges, including any charges for services not covered by the facility's basic per diem rate or not covered under Titles XVIII or XIX of the Social Security Act;

(c) be fully informed of the resident's medical condition by the attending physician;

(d) be given the opportunity to participate in the planning of medical treatment and to refuse to participate in experimental research;

(e) refuse treatment to the extent allowed by law and to be informed of the medical consequences of such refusal;

(f) be given reasonable advance notice to ensure orderly transfer or discharge;

(g) be encouraged and assisted throughout the period of stay to exercise rights as a resident and as a citizen, and to voice grievances and recommend changes in policies and services to facility staff or outside representatives of choice, and to be free from interference, coercion, discrimination or reprisal;

(h) manage personal financial affairs, or to be given at least quarterly or upon request, an accounting of financial transactions made on the resident behalf should the facility accept written delegation of this responsibility;

(i) be free from mental and physical abuse and to be free from chemical and physical restraints except as authorized in writing by a physician for a specified period, or when necessary to protect the resident from injury to themselves or to others;

(j) be assured confidential treatment of personal and medical records and to approve or refuse the release to any individual outside the facility, except in the case of transfer to another health facility, or as required by law or third party payment contract;

(k) be treated with consideration, respect and full recognition of dignity and individuality, including privacy in treatment and in care for personal needs;

(l) not be required to perform services for the facility that are not included for therapeutic purposes in the plan of care;

(m) associate and communicate privately with others, and to send and receive personal mail unopened;

(n) meet with and participate in activities of social, religious and community groups;

(o) keep and use personal clothing and possessions as space permits, unless it would infringe upon the rights of other residents;

(p) if married, be assured privacy for visits by a spouse, and if both are residents in the facility, to be allowed to share a room;

(q) have daily visiting hours established;

(r) have members of the clergy admitted at the request of the resident or person responsible at any time;

(s) allow relatives or responsible persons to visit at any time;

(t) be allowed privacy for visits with family, friends, clergy, social workers or for professional or business purposes;

(u) have reasonable access to telephones to make and receive confidential calls; and

(v) wear appropriate personal clothing and religious or other symbolic items as long as they do not interfere with diagnostic procedures or treatment.

(5) Each licensee that manages resident money shall comply with the following:

(a) the licensee may not mingle or use resident funds for facility purposes;

(b) resident funds and valuables are separated and free from any liability that the licensee incurs in the use of the institution's funds and valuables;

(c) each licensee maintains safeguards and accurate records of resident funds and valuables entrusted to the licensee;

(d) records of resident funds that are maintained as a drawing account include a control account for receipts and expenditures, an account for each resident and supporting vouchers filed in chronological order. Each account is kept current with columns for debits, credits and balance;

(e) records of resident funds and other valuables entrusted to the licensee for safekeeping include a copy of the receipt furnished to the resident or to the person responsible for the resident;

(f) resident funds not kept in the facility are deposited by the licensee within five days of receipt of the funds in an interest-bearing account in a local bank authorized to do business in Utah, and each deposit is insured;

(g) licensee that operates more than one health facility maintains a separate account for each facility and may not commingle resident funds from one facility with another;

(h) when the amount of resident funds entrusted to a licensee exceeds $150, excess funds are deposited in an interest-bearing account;

(i) upon discharge of a resident, funds and valuables of the resident that have been entrusted to the licensee are surrendered to the resident in exchange for a signed receipt;

(j) money and valuables kept within the facility are surrendered upon demand and those kept in an interest-bearing account are made available within three normal banking days;

(k) the licensee shall surrender any funds and valuables entrusted to the license to the person responsible for the resident, including an executor or administrator of estate in exchange for a signed receipt within 30 days following the death of a resident, except in a coroner or medical examiner case; and

(l) when a resident dies without a representative or known heirs, immediate written notice is given by the facility to the medical examiner and the registrar of the local probate court, and a copy of the notice filed with the department.

(6) The licensee of an Intermediate Care Facility for Individuals with Intellectual Disabilities may not permit an individual under the age of 22 years old to live in the same room with:

(a) more than one individual; or

(b) with individuals over the age of 22 years, unless they are members of the individual's immediate family.

(7) The administrator shall develop written policies and procedures to implement these requirements and shall obtain written approval from the department for any exceptions to this rule.

Utah Admin. Code R432-200-13

Amended by Utah State Bulletin Number 2022-04, effective 1/31/2022

Amended by Utah State Bulletin Number 2024-03, effective 1/22/2024