KRS § 216.515 — KY Code / Title XVIII / Chapter 216 / Section 216.515
216.515 Rights of residents -- Duties of facilities -- Actions
Status: in_force

216.515 Rights of residents -- Duties of facilities -- Actions.

Every resident in a long-term-care facility shall have at least the following rights:

(1) Before admission to a long-term-care facility, the resident and the responsible party

or his responsible family member or his guardian shall be fully informed in writing,

as evidenced by the resident's written acknowledgment and that of the responsible

party or his responsible family member or his guardian, of all services available at

the long-term-care facility. Every long-term-care facility shall keep the original

document of each written acknowledgment in the resident's personal file.

(2) Before admission to a long-term-care facility, the resident and the responsible party

or his responsible family member or his guardian shall be fully informed in writing,

as evidenced by the resident's written acknowledgment and that of the responsible

party or his responsible family member or his guardian, of all resident's

responsibilities and rights as defined in this section and KRS 216.520 to 216.530.

Every long-term-care facility shall keep the original document of each written

acknowledgment in the resident's personal file.

(3) The resident and the responsible party or his responsible family member or his

guardian shall be fully informed in writing, as evidenced by the resident's written

acknowledgment and that of the responsible party or his responsible family

member, or his guardian, prior to or at the time of admission and quarterly during

the resident's stay at the facility, of all service charges for which the resident or his

responsible family member or his guardian is responsible for paying. The resident

and the responsible party or his responsible family member or his guardian shall

have the right to file complaints concerning charges which they deem unjustified to

appropriate local and state consumer protection agencies. Every long-term-care

facility shall keep the original document of each written acknowledgment in the

resident's personal file.

(4) The resident shall be transferred or discharged only for medical reasons, or his own

welfare, or that of the other residents, or for nonpayment, except where prohibited

by law or administrative regulation. Reasonable notice of such action shall be given

to the resident and the responsible party or his responsible family member or his

guardian.

(5) All residents shall be encouraged and assisted throughout their periods of stay in

long-term care facilities to exercise their rights as a resident and a citizen, and to

this end may voice grievances and recommend changes in policies and services to

facility staff and to outside representatives of their choice, free from restraint,

interference, coercion, discrimination, or reprisal.

(6) All residents shall be free from mental and physical abuse, and free from chemical

and physical restraints except in emergencies or except as thoroughly justified in

writing by a physician for a specified and limited period of time and documented in

the resident's medical record.

(7) All residents shall have confidential treatment of their medical and personal records.

Each resident or his responsible family member or his guardian shall approve or

refuse the release of such records to any individuals outside the facility, except as

otherwise specified by statute or administrative regulation.

(8) Each resident may manage the use of his personal funds. If the facility accepts the

responsibility for managing the resident's personal funds as evidenced by the

facility's written acknowledgment, proper accounting and monitoring of such funds

shall be made. This shall include each facility giving quarterly itemized statements

to the resident and the responsible party or his responsible family member or his

guardian which detail the status of the resident's personal funds and any transactions

in which such funds have been received or disbursed. The facility shall return to the

resident his valuables, personal possessions, and any unused balance of moneys

from his account at the time of his transfer or discharge from the facility. In case of

death or for valid reasons when he is transferred or discharged the resident's

valuables, personal possessions, and funds that the facility is not liable for shall be

promptly returned to the resident's responsible party or family member, or his

guardian, or his executor.

(9) If a resident is married, privacy shall be assured for the spouse's visits and if they

are both residents in the facility, they may share the same room unless they are in

different levels of care or unless medically contraindicated and documented by a

physician in the resident's medical record.

(10) Residents shall not be required to perform services for the facility that are not

included for therapeutic purposes in their plan of care.

(11) Residents may associate and communicate privately with persons of their choice

and send and receive personal mail unopened.

(12) Residents may retain the use of their personal clothing unless it would infringe upon

the rights of others.

(13) No responsible resident shall be detained against his will. Residents shall be

permitted and encouraged to go outdoors and leave the premises as they wish unless

a legitimate reason can be shown and documented for refusing such activity.

(14) Residents shall be permitted to participate in activities of social, religious, and

community groups at their discretion.

(15) Residents shall be assured of at least visual privacy in multibed rooms and in tub,

shower, and toilet rooms.

(16) The resident and the responsible party or his responsible family member or his

guardian shall be permitted the choice of a physician.

(17) If the resident is adjudicated mentally disabled in accordance with state law, the

resident's guardian shall act on the resident's behalf in order that his rights be

implemented.

(18) Each resident shall be treated with consideration, respect, and full recognition of his

dignity and individuality, including privacy in treatment and in care for his personal

needs.

(19) Every resident and the responsible party or his responsible family member or his

guardian has the right to be fully informed of the resident's medical condition unless

medically contraindicated and documented by a physician in the resident's medical

record.

(20) Residents have the right to be suitably dressed at all times and given assistance

when needed in maintaining body hygiene and good grooming.

(21) Residents shall have access to a telephone at a convenient location within the

facility for making and receiving telephone calls.

(22) The resident's responsible party or family member or his guardian shall be notified

immediately of any accident, sudden illness, disease, unexplained absence, or

anything unusual involving the resident.

(23) Residents have the right to have private meetings with the appropriate long-term

care facility inspectors from the Cabinet for Health and Family Services.

(24) Each resident and the responsible party or his responsible family member or his

guardian has the right to have access to all inspection reports on the facility.

(25) The above-stated rights shall apply in all cases unless medically contraindicated and

documented by a physician in writing in the resident's medical record.

(26) Any resident of a long-term care facility licensed under KRS Chapter 216B whose

rights as specified in this section are deprived or infringed upon shall have a cause

of action against any facility responsible for the violation. The action may be

brought by the resident or his guardian. The action may be brought in any court of

competent jurisdiction to enforce such rights and to recover actual and punitive

damages for any deprivation or infringement on the rights of a resident. Any

plaintiff who prevails in such action against the facility may be entitled to recover

reasonable attorney's fees, costs of the action, and damages, unless the court finds

the plaintiff has acted in bad faith, with malicious purpose, or that there was a

complete absence of justifiable issue of either law or fact. Prevailing defendants

may be entitled to recover reasonable attorney's fees. The remedies provided in this

section are in addition to and cumulative with other legal and administrative

remedies available to a resident and to the cabinet.