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 87468.2 - Additional Personal Rights of Residents in Privately Operated Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to
				  the rights listed in Section
				  87468.1, Personal Rights of
				  Residents in All Facilities, residents in privately operated residential care
				  facilities for the elderly shall have all of the following personal rights:
(1) To have a reasonable level of personal
				  privacy in accommodations, medical treatment, personal care and assistance,
				  visits, communications, telephone conversations, use of the Internet, and
				  meetings of resident and family groups.
(2) To have their records and personal
				  information remain confidential and to approve their release, except as
				  authorized by law.
(3) To be
				  encouraged and assisted in exercising their rights as citizens and as residents
				  of the facility. Residents shall be free from interference, coercion,
				  discrimination, and retaliation in exercising their rights.
(4) To care, supervision, and services that
				  meet their individual needs and are delivered by staff that are sufficient in
				  numbers, qualifications, and competency to meet their needs.
(5) To be served food of the quality and
				  quantity necessary to meet their nutritional needs.
(6) To make choices concerning their daily
				  lives in the facility.
(7) To fully
				  participate in planning their care, including the right to attend and
				  participate in meetings or communications regarding care and services to be
				  provided, according to Health and Safety Code section
				  1569.80
				  and involve persons of their choice in this planning. The licensee shall
				  provide necessary information and support to ensure that residents direct the
				  planning of their care to the maximum extent possible, and are enabled to make
				  informed decisions and choices.
(8)
				  To be free from neglect, financial exploitation, involuntary seclusion,
				  punishment, humiliation, intimidation, and verbal, mental, physical, or sexual
				  abuse.
(9) To present grievances
				  and recommend changes in policies, procedures, and services to the facility
				  staff, management, and governing authority, and to any other person without
				  restraint, coercion, discrimination, reprisal, or other retaliatory actions.
				  The licensee shall respond to residents' grievances and recommendations
				  promptly.
(10) To contact the State
				  Department of Social Services, the long-term care ombudsman, or both, regarding
				  grievances in regard to the licensee. The licensee shall post the telephone
				  numbers and addresses for the local offices of the State Department of Social
				  Services and ombudsman program, according to Section
				  9718
				  of the Welfare and Institutions Code, conspicuously in the facility foyer,
				  lobby, residents' activity room, or other location easily accessible to
				  residents and their representatives.
(11) To be fully informed, prior to or at the
				  time of admission, of all rules that govern resident conduct and
				  responsibilities while living at the facility, as evidenced by the resident's
				  written acknowledgement. All rules established by a licensee shall be
				  reasonable and not violate any rights in this section or other applicable laws
				  or regulations, according to Health and Safety Code section
				  1569.885.
(12) To receive in the admission agreement a
				  comprehensive description of the method for evaluating residents' service needs
				  and the fee schedule for the items and services, and to receive written notice
				  of any rate increases according to Health and Safety Code sections
				  1569.655
				  and
				  1569.884.
(13) To be informed in writing prior to or at
				  the time of admission, of any resident retention limitations set by the state
				  or licensee, including any limitations or restrictions on the licensee's
				  ability to meet residents' needs.
(14) To reasonable accommodation of their
				  individual needs and preferences in all aspects of life in the facility, except
				  when accommodation would endanger the health or safety of the individual
				  resident or other residents.
(15)
				  To reasonable accommodation of their preferences concerning room and roommate
				  choices.
(16) To written notice of
				  any room changes at least 30 days in advance unless a room change is agreed to
				  by the resident, required to fill a vacant bed, or necessary due to an
				  emergency.
(17) To share a room
				  with their spouse, domestic partner, or a person of their choice when both
				  spouses, partners, or residents live in the facility and both consent to the
				  arrangement.
(18) To select their
				  own physicians, pharmacies, privately paid personal assistants, hospice agency,
				  and health care providers in a manner that is consistent with the resident's
				  admission agreement or other rules of the facility, and according to these
				  personal rights.
(19) To have
				  prompt access to review all of their records and to purchase photocopies of
				  their records. Photocopied records shall be provided within two (2) business
				  days and at a cost that does not exceed the community standard for
				  photocopies.
(20) To be protected
				  from involuntary transfers, discharges, and evictions. A licensee shall not
				  involuntarily transfer or evict residents for reasons other than those
				  permitted by state law or regulations and shall comply with all eviction and
				  relocation protections for residents. For purposes of this paragraph,
				  "involuntary" means a transfer, discharge, or eviction that is initiated by the
				  licensee, not by the resident.
(21)
				  To consent to have their relatives and other individuals of their choosing
				  visit during reasonable hours, privately, and without prior notice.
(22) To receive written information on the
				  right to establish an advance health care directive and the licensee's written
				  policies on honoring an advance health care directive according to Health and
				  Safety Code section
				  1569.156.
(23) To be encouraged to develop and maintain
				  their fullest potential for independent living through participation in
				  activities designed and implemented for this purpose, according to Section
				  87219.
(24) To organize and participate in a
				  resident council established according to Health and Safety Code section
				  1569.157.
(25) To protection of their property from
				  theft or loss according to Health and Safety Code sections
				  1569.152,
				  1569.153,
				  and
				  1569.154.
(26) To manage their financial affairs. A
				  licensee shall not require residents to deposit their personal funds with the
				  licensee. Except as provided for in approved continuing care agreements, a
				  licensee, or a spouse, domestic partner, relative, or employee of a licensee,
				  shall not do any of the following:
(A) Accept
				  appointment as a guardian or conservator of the person or estate of a
				  resident.
(B) Become or act as a
				  representative payee for any payments made to a resident, without the written
				  and documented consent of the resident or the resident's
				  representative.
(C) Serve as an
				  agent for a resident under any general or special power of attorney.
(D) Become or act as a joint tenant on any
				  account with a resident.
(E) Enter
				  into a loan or promissory agreement or otherwise borrow money from a resident
				  without a notarized written agreement outlining the terms of the repayment
				  being given to the resident.
(27) To keep, have access to, and use their
				  own personal possessions, including toilet articles, and to keep and be allowed
				  to spend their own money, unless limited by statute or
				  regulation.