**§51.70 Resident rights.**

The resident has a right to a dignified existence, self-determination,
and communication with and access to persons and services inside and
outside the facility. The facility management must protect and promote
the rights of each resident, including each of the following rights:

\(a\) *Exercise of rights*.

\(1\) The resident has the right to exercise his or her rights as a
resident of the facility and as a citizen or resident of the United
States.

\(2\) The resident has the right to be free of interference, coercion,
discrimination, and reprisal from the facility management in exercising
his or her rights.

\(3\) The resident has the right to freedom from chemical or physical
restraint.

\(4\) In the case of a resident determined incompetent under the laws of
a State by a court of jurisdiction, the rights of the resident are
exercised by the person appointed under State law to act on the
resident's behalf.

\(5\) In the case of a resident who has not been determined incompetent
by the State court, any legal-surrogate designated in accordance with
State law may exercise the resident's rights to the extent provided by
State law.

\(b\) *Notice of rights and services*.

\(1\) The facility management must inform the resident both orally and
in writing in a language that the resident understands of his or her
rights and all rules and regulations governing resident conduct and
responsibilities during the stay in the facility. Such notification must
be made prior to or upon admission and periodically during the
resident's stay.

\(2\) The resident or his or her legal representative has the right:

\(i\) Upon an oral or written request, to access all records pertaining
to himself or herself including current clinical records within 24 hours
(excluding weekends and holidays); and

\(ii\) After receipt of his or her records for review, to purchase at a
cost not to exceed the community standard photocopies of the records or
any portions of them upon request and with 2 working days advance notice
to the facility management.

\(3\) The resident has the right to be fully informed in language that
he or she can understand of his or her total health status;

\(4\) The resident has the right to refuse treatment, to refuse to
participate in experimental research, and to formulate an advance
directive as specified in paragraph (b)(7) of this section; and

\(5\) The facility management must inform each resident before, or at
the time of admission, and periodically during the resident's stay, of
services available in the facility and of charges for those services to
be billed to the resident.

\(6\) The facility management must furnish a written description of
legal rights which includes:

\(i\) A description of the manner of protecting personal funds, under
paragraph (c) of this section;

\(ii\) A statement that the resident may file a complaint with the State
(agency) concerning resident abuse, neglect, misappropriation of
resident property in the facility, and non-compliance with the advance
directives requirements.

\(7\) The facility management must have written policies and procedures
regarding advance directives (e.g., living wills) that include
provisions to inform and provide written information to all residents
concerning the right to accept or refuse medical or surgical treatment
and, at the individual's option, formulate an advance directive. This
includes a written description of the facility's policies to implement
advance directives and applicable State law. If an individual is
incapacitated at the time of admission and is unable to receive
information (due to the incapacitating conditions) or articulate whether
or not he or she has executed an advance directive, the facility may
give advance directive information to the individual's family or
surrogate in the same manner that it issues other materials about
policies and procedures to the family of the incapacitated individual or
to a surrogate or other concerned persons in accordance with State law.
The facility management is not relieved of its obligation to provide
this information to the individual once he or she is no longer
incapacitated or unable to receive such information. Follow-up
procedures must be in place to provide the information to the individual
directly at the appropriate time.

\(8\) The facility management must inform each resident of the name and
way of contacting the primary physician responsible for his or her care.

\(9\) *Notification of changes*.

\(i\) Facility management must immediately inform the resident; consult
with the primary physician; and if known, notify the resident's legal
representative or an interested family member when there is:

\(A\) An accident involving the resident which results in injury and has
the potential for requiring physician intervention;

\(B\) A significant change in the resident's physical, mental, or
psychosocial status (i.e., a deterioration in health, mental, or
psychosocial status in either life-threatening conditions or clinical
complications);

\(C\) A need to alter treatment significantly (i.e., a need to
discontinue an existing form of treatment due to adverse consequences,
or to commence a new form of treatment); or

\(D\) A decision to transfer or discharge the resident from the facility
as specified in §51.80(a) of this part.

\(ii\) The facility management must also promptly notify the resident
and, if known, the resident's legal representative or interested family
member when there is:

\(A\) A change in room or roommate assignment as specified in
§51.100(f)(2); or

\(B\) A change in resident rights under Federal or State law or
regulations as specified in paragraph (b)(1) of this section.

\(iii\) The facility management must record and periodically update the
address and phone number of the resident's legal representative or
interested family member.

\(c\) *Protection of resident funds*.

\(1\) The resident has the right to manage his or her financial affairs,
and the facility management may not require residents to deposit their
personal funds with the facility.

\(2\) *Management of personal funds*. Upon written authorization of a
resident, the facility management must hold, safeguard, manage, and
account for the personal funds of the resident deposited with the
facility, as specified in paragraphs (c)(3) through (c)(6) of this
section.

\(3\) *Deposit of funds*.

\(i\) *Funds in excess of \$100*. The facility management must deposit
any residents' personal funds in excess of \$100 in an interest bearing
account (or accounts) that is separate from any of the facility's
operating accounts, and that credits all interest earned on resident's
funds to that account. (In pooled accounts, there must be a separate
accounting for each resident's share.)

\(ii\) *Funds less than \$100*. The facility management must maintain a
resident's personal funds that do not exceed \$100 in a non-interest
bearing account, interest-bearing account, or petty cash fund.

\(4\) *Accounting and records*. The facility management must establish
and maintain a system that assures a full and complete and separate
accounting, according to generally accepted accounting principles, of
each resident's personal funds entrusted to the facility on the
resident's behalf.

\(i\) The system must preclude any commingling of resident funds with
facility funds or with the funds of any person other than another
resident.

\(ii\) The individual financial record must be available through
quarterly statements and on request from the resident or his or her
legal representative.

\(5\) *Conveyance upon death*. Upon the death of a resident with a
personal fund deposited with the facility, the facility management must
convey within 30 days the resident's funds, and a final accounting of
those funds, to the individual or probate jurisdiction administering the
resident's estate; or other appropriate individual or entity, if State
law allows.

\(6\) *Assurance of financial security*. The facility management must
purchase a surety bond, or otherwise provide assurance satisfactory to
the Under Secretary for Health, to assure the security of all personal
funds of residents deposited with the facility.

\(d\) *Free choice*. The resident has the right to:

\(1\) Be fully informed in advance about care and treatment and of any
changes in that care or treatment that may affect the resident's
well-being; and

\(2\) Unless determined incompetent or otherwise determined to be
incapacitated under the laws of the State, participate in planning care
and treatment or changes in care and treatment.

\(e\) *Privacy and confidentiality*. The resident has the right to
personal privacy and confidentiality of his or her personal and clinical
records.

\(1\) Residents have a right to personal privacy in their
accommodations, medical treatment, written and telephone communications,
personal care, visits, and meetings of family and resident groups. This
does not require the facility management to give a private room to each
resident.

\(2\) Except as provided in paragraph (e)(3) of this section, the
resident may approve or refuse the release of personal and clinical
records to any individual outside the facility;

\(3\) The resident's right to refuse release of personal and clinical
records does not apply when:

\(i\) The resident is transferred to another health care institution; or

\(ii\) Record release is required by law.

\(f\) *Grievances*. A resident has the right to:

\(1\) Voice grievances without discrimination or reprisal. Residents may
voice grievances with respect to treatment received and not received;
and

\(2\) Prompt efforts by the facility to resolve grievances the resident
may have, including those with respect to the behavior of other
residents.

\(g\) *Examination of survey results*. A resident has the right to:

\(1\) Examine the results of the most recent VA survey with respect to
the facility. The facility management must make the results available
for examination in a place readily accessible to residents, and must
post a notice of their availability; and

\(2\) Receive information from agencies acting as client advocates, and
be afforded the opportunity to contact these agencies.

\(h\) *Work*. The resident has the right to:

\(1\) Refuse to perform services for the facility;

\(2\) Perform services for the facility, if he or she chooses, when:

> \(i\) The facility has documented the need or desire for work in the
> plan of care;
>
> \(ii\) The plan specifies the nature of the services performed and
> whether the services are voluntary or paid;
>
> \(iii\) Compensation for paid services is at or above prevailing
> rates; and
>
> \(iv\) The resident agrees to the work arrangement described in the
> plan of care.

\(i\) *Mail*. The resident must have the right to privacy in written
communications, including the right to:

\(1\) Send and promptly receive mail that is unopened; and

\(2\) Have access to stationery, postage, and writing implements at the
resident's own expense.

\(j\) *Access and visitation rights*.

\(1\) The resident has the right and the facility management must
provide immediate access to any resident by the following:

> \(i\) Any representative of the Under Secretary for Health;
>
> \(ii\) Any representative of the State;
>
> \(iii\) Physicians of the resident's choice (to provide care in the
> nursing home, physicians must meet the provisions of §51.210(j));
>
> \(iv\) The State long term care ombudsman;
>
> \(v\) Immediate family or other relatives of the resident subject to
> the resident's right to deny or withdraw consent at any time; and
>
> \(vi\) Others who are visiting subject to reasonable restrictions and
> the resident's right to deny or withdraw consent at any time.

\(2\) The facility management must provide reasonable access to any
resident by any entity or individual that provides health, social,
legal, or other services to the resident, subject to the resident's
right to deny or withdraw consent at any time.

\(3\) The facility management must allow representatives of the State
Ombudsman Program, described in paragraph (j)(1)(iv) of this section, to
examine a resident's clinical records with the permission of the
resident or the resident's legal representative, subject to State law.

\(k\) *Telephone*. The resident has the right to reasonable access to
use a telephone where calls can be made without being overheard.

\(l\) *Personal property*. The resident has the right to retain and use
personal possessions, including some furnishings, and appropriate
clothing, as space permits, unless to do so would infringe upon the
rights or health and safety of other residents.

\(m\) *Married couples*. The resident has the right to share a room with
his or her spouse when married residents live in the same facility and
both spouses consent to the arrangement.

\(n\) *Self-Administration of Drugs*. An individual resident may
self-administer drugs if the interdisciplinary team, as defined by
§51.110(d)(2)(ii) of this part, has determined that this practice is
safe. (Authority: 38 U.S.C. 101, 501, 1710, 1741-1743)

*Next Section is §51.80*