California Code of Regulations › Title 22 - Social Security › Division 6 - Licensing of Community Care Facilities › Chapter 8 - Residential Care Facilities for the Elderly (RCFE) › Article 8 - Resident Assessments, Fundamental Services and Rights › Section 87468.1 - Personal Rights of Residents in all Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Residents in all residential care
				  facilities for the elderly shall have all of the following personal rights:
(1) To be accorded dignity in their personal
				  relationships with staff, residents, and other persons.
(2) To be accorded safe, healthful and
				  comfortable accommodations, furnishings and equipment.
(3) To be free from punishment, humiliation,
				  intimidation, abuse, or other actions of a punitive nature, such as withholding
				  residents' money or interfering with daily living functions such as eating,
				  sleeping, or elimination.
(4) To be
				  informed by the licensee of the provisions of law regarding complaints and of
				  procedures for confidentially registering complaints, including, but not
				  limited to, the address and telephone number for the complaint receiving unit
				  of the Department, and how to contact the Community Care Licensing Division of
				  the California Department of Social Services, and the long-term care ombudsman
				  regarding grievances in regard to the facility.
(5) To have the freedom to attend religious
				  services or activities of their choice either in or outside the facility and to
				  have visits from the spiritual advisor of their choice. Attendance at religious
				  services, either in or outside the facility, shall be on a completely voluntary
				  basis.
(6) To leave or depart the
				  facility at any time and to not be locked into any room, building, or on
				  facility premises by day or night. This does not prohibit a licensee from
				  establishing house rules, such as locking doors at night to protect residents,
				  or barring windows against intruders, with permission from the
				  Department.
(7) To visit the
				  facility prior to residence along with their representatives.
(8) To have their representatives regularly
				  informed by the licensee of activities related to care or services, including
				  ongoing evaluations, as appropriate to their needs.
(9) To have communications to the licensee
				  from their representatives answered promptly and appropriately.
(10) To be informed of the licensee's policy
				  concerning visits and other communications with residents, according to Health
				  and Safety Code section
				  1569.313.
(11) To have their visitors, including
				  ombudspersons and advocacy representatives, permitted to visit privately during
				  reasonable hours and without prior notice, provided that the rights of other
				  residents are not infringed upon.
(12) To wear their own clothes; to keep and
				  use their own personal possessions, including their toilet articles; and to
				  keep and be allowed to spend their own money.
(13) To have access to individual storage
				  space for private use.
(14) To have
				  reasonable access to telephones, to both make and receive confidential calls.
				  The licensee may require reimbursement for long distance calls.
(15) To send and receive unopened
				  correspondence in a prompt manner.
(16) To receive or reject medical care or
				  other services.
(17) To receive
				  assistance in exercising the right to vote.
(18) To move from the
				  facility.