Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 68 - Adult Residential Care Providers › Subchapter E - Resident Protection › Section I-6855 - Resident Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. ARCPs shall
					 have a written policy on resident rights and shall post and distribute a copy
					 of those rights. In addition to the basic civil and legal rights enjoyed by
					 other adults, residents shall have the rights listed below. ARCP policies and
					 procedures must be in compliance with these rights. Residents shall:
1. be encouraged in the exercise of their
					 civil or legal rights, benefits or privileges guaranteed by the Constitution of
					 the United States and the Constitution of the State of Louisiana including the
					 right to be free of discrimination or segregation based upon race, sex,
					 handicap, religion, creed, national background or ancestry with respect to
					 residency;
2. be treated as
					 individuals in a manner that supports their dignity;
3. be assured choice and privacy and the
					 opportunity to act autonomously, take risks to enhance independence and share
					 responsibility for decisions;
4.
					 participate and have family participate, if desired, in the planning of
					 activities and services;
5. receive
					 care and services that are adequate, appropriate, and in compliance with
					 contractual terms of residency, relevant federal and state laws, rules and
					 regulations and shall include the right to refuse such care and
					 services;
6. receive upon moving
					 in, and during his or her stay, a written statement of the services provided by
					 the ARCP and the charges for these services;
7. be free from mental, emotional, and
					 physical abuse and neglect, from chemical or physical restraints, and from
					 financial exploitation and misappropriation of property;
8. have records and other information about
					 the resident kept confidential and released only with the written consent of
					 the resident or residents representative or as required by law;
9. expect and receive a prompt response
					 regarding requests (service, information, etc.) from the director and/or
					 staff;
10. have the choice to
					 contract with a third-party provider for ancillary services for medically
					 related care (e.g., physician, pharmacist, therapy, podiatry, hospice,) and
					 other services necessary as long as the resident remains in compliance with the
					 contractual terms of residency;
11.
					 be free to receive visitors of their choice without restriction except where
					 the residents share bedrooms or apartments:
a. where residents do share bedrooms or
					 apartments, reasonable restrictions that provide for the health, safety, and
					 privacy of other residents shall be allowed;
12. manage their personal funds unless this
					 authority has been delegated to the ARCP or to a third party by the resident,
					 the residents legal representative, or an agency that has the authority to
					 grant representative payee status or fiscal management authority to a third
					 party;
13. be notified, along with
					 their representative in writing by the ARCP when the ARCP's license status is
					 modified, suspended, revoked or denied renewal and to be informed of the basis
					 of the action and the right to select another ARCP in accordance with
					 §6817.E 1-2;
14. have choices about participation in
					 community activities and in preferred activities, whether they are part of the
					 formal activities program or self-directed;
15. share a room with a spouse or other
					 consenting adult if they so choose;
16. voice grievances and suggest changes in
					 policies and services to staff, advocates or outside representatives without
					 fear of restraint, interference, coercion, discrimination, or reprisal and the
					 ARCP shall make prompt efforts to address grievances including with respect to
					 the behavior of other residents;
17. remain in their personal living area
					 unless a change in the area is related to resident preference or to conditions
					 stipulated in their contract, or necessitated by situations or incidents that
					 create hazardous conditions in the living area;
18. live in a physical environment which
					 ensures their physical and emotional security and well-being;
19. bring service animals into the
					 ARCP;
20. bring pets into the ARCP
					 if allowed by the ARCP and kept in accordance with the policies of the
					 ARCP;
21. contact their advocates
					 as provided by law;
22. be fully
					 informed of all residents rights and all rules governing resident conduct and
					 responsibilities;
23. be informed
					 of how to lodge a complaint with the HSS, the Office of Civil Rights, the
					 Americans with Disabilities Act, the Office of the State Ombudsman, and the
					 Advocacy Center. Contact information including telephone numbers and addresses
					 for these entities shall be posted in a prominent location which is easily
					 accessible to residents;
24. have
					 the right to privacy in his/her apartment or room(s), including the right to
					 have:
a. a closed apartment or room door(s);
					 and
b. the ARCP personnel knock
					 before entering the apartment or room(s) and not enter without the resident's
					 consent, except in case of an emergency or unless medically contraindicated;
					 and
25. have the right to
					 private and uncensored communications, including receiving and sending unopened
					 mail.