Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 89 - DEVELOPMENTAL DISABILITIES DOMICILIARY HOMES › Section 11-89-13 - Residents' rights

Current through June, 2024
(a) Written
				policies and procedures addressing the rights of residents during their stay in
				the facility shall be established and shall be made available to the resident,
				guardian, next of kin, responsible agency, and the public. It shall be the
				right of each resident admitted to the facility to:
(1) Be fully informed both orally and in
				writing, in the language the resident understands, prior to or at the time of
				admission, of their rights and of all rules governing resident conduct. There
				shall be documentation signed by the resident or resident's legal guardian that
				they have been informed of their rights and have been provided a written
				description of such rights;
(2) Be
				fully informed, prior to or at the time of admission, and during stay, of
				services available in or through the facility and of any related charges,
				changes thereto, including any charges for services not covered by the
				facility's basic per diem rate, or any changes thereto;
(3) Be given advance notice of not less than
				four weeks, of transfer or discharges, except in an emergency;
(4) Be encouraged and assisted to exercise
				the resident's rights, such as voicing grievances and recommending changes in
				policies and services to staff or outside representatives of the resident's
				choice, without fear of retaliation, restraint, interference, coercion,
				discrimination or reprisal. All residents shall be provided with the address
				and phone number of the State long-term care ombudsman;
(5) Be informed of the conditions under which
				the facility may manage the resident's personal financial affairs as detailed
				in § 11-89-20;
(6) Be free
				from humiliation, harassment, threats, and chemical or physical restraints.
				Physical restraints may be used only in an emergency when necessary to protect
				the resident from injury to self or to others. In such a situation the
				resident's physician shall be notified as soon as possible and orders obtained
				for the care of the resident shall be followed;
(7) Have their personal and medical records
				kept confidential and subject to release only as provided in §
				11-89-18(f);
(8) Be treated with
				understanding, respect, and full consideration of the resident's dignity and
				individuality, including privacy in treatment and in care of the resident's
				personal needs;
(9) Not be required
				to perform services for the facility, its caregiver or staff unless agreed to
				by the resident and the interdisciplinary team. All services shall be noted in
				the resident's chart;
(10)
				Associate and communicate privately with persons of the resident's choice, send
				and receive personal mail unopened, and to have reasonable access to a
				phone;
(11) Meet with and
				participate in activities of social, religious, and community groups at the
				resident's discretion;
(12) Retain
				and use personal age-appropriate, clean and fashionable clothing and
				possessions as space permits, unless to do so would:
(A) Infringe upon the rights of other
				residents, or
(B) Is specifically
				forbidden by written orders of the resident's physician;
(13) Be assured of privacy for visits by the
				spouse, and if both are residents in the home, be permitted to share a room if
				agreeable to both;
(14) Have daily
				visiting hours and provisions for privacy established;
(15) Reject living in a particular
				facility;
(16) Live in a normal,
				clean, and comfortable environment with age-appropriate, aesthetic and adequate
				furniture and equipment;
(17) Not
				suffer dietary restrictions as punishment;
(18) Have a right to locked storage
				space;
(19) Be free from mental,
				sexual, physical, and verbal abuse, financial exploitation, or
				neglect;
(20) Manage their personal
				funds and be informed in writing when there is a change in the resident's
				personal allowance; and
(21) Be
				informed of who is the resident's case manager.