Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 94.2 - NURSING FACILITIES › Subchapter 4 - RESIDENT CARE REQUIREMENTS › Section 11-94.2-27 - Resident rights and facility practices

Current through June, 2024
Written policies regarding the rights and responsibilities
					 of residents during the resident's stay in the facility shall be established
					 and shall be made available to the resident, resident family, legal guardian,
					 surrogate, sponsoring agency or representative payee, and the public upon
					 request A facility must protect and promote the rights of each resident,
					 including:
(1) The free exercise of
				  rights as a resident of the facility and as a citizen or resident of the United
				  States;
(2) The right to be free of
				  interference, coercion, discrimination, and reprisal from the facility that
				  shall include the right to be free of chemical or physical restraints not
				  medically indicated;
(3) The right
				  to be fully informed, both orally and in writing in a language understood by
				  the resident, or in a manner that allows for the resident's understanding, of
				  the resident's rights and all rules and regulations governing resident conduct
				  and responsibilities;
(4) The right
				  to a dignified existence, self-determination, and communication with and access
				  to persons and services inside and outside the facility;
(5) The right to access all records
				  pertaining to the resident, including current clinical records, and to purchase
				  copies of those records at a cost not to exceed community standards;
(6) The right to be informed in a language,
				  or in a manner that the resident understands, of the resident's health status
				  and medical condition;
(7) The
				  right to refuse treatment, to refuse to participate in experimental research,
				  and to formulate an advance directive;
(8) The right to be informed of medicaid
				  benefits and requirements and procedures for establishing
				  eligibility;
(9) The right to
				  names, addresses, and telephone numbers of pertinent resident advocacy
				  groups;
(10) The right to manage
				  the resident's financial affairs to the extent the resident is competent and
				  capable of doing so;
(11) The right
				  to choose a personal physician to the extent the resident is competent and
				  capable of doing so;
(12) The right
				  to be fully informed in advance about care and treatment and of any changes in
				  that care and treatment and the right to participate in planning care and
				  treatment, unless adjudged incompetent or incapacitated;
(13) The right to be fully informed, prior to
				  or at the time of admission and during the resident's stay of services
				  available in or through the facility and of related charges, including any
				  charges for services not covered by the facility's basic per diem
				  rate;
(14) The right to personal
				  privacy and confidentiality of personal and clinical records; and
(15) The right to translation or
				  interpretation services or other communication assistance as
				  necessary.