Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 110 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF SKILLED NURSING FACILITIES AND NURSING FACILITIES › Section 144-110-10 - Residents' Rights

Current through 2024-29, July 17, 2024
10.A.
Written
				Policies
Written policies shall be established by the governing body
				  of each facility regarding the rights and responsibilities of the
				  residents.
10.B.
Procedures
Procedures shall be developed and adhered to for training of
				  facility staff concerning these policies and procedures, and for making the
				  policies available to residents, to any guardians, next of kin, sponsoring
				  agencies or representative payees.
10.C.
Exercise of Rights
The resident has a right to a dignified existence,
				  self-determination, and communication with and access to persons and services
				  inside and outside the facility. A facility must protect and promote the rights
				  of each resident, including the following:
10.C.1. The resident has the right to
				exercise his or her rights as a resident of the facility and as a citizen or
				resident of the United States.
10.C.2. The resident has the right to be free
				of interference, coercion, discrimination, or reprisal from the facility in
				exercising his or her rights.
10.C.3. In the case of a resident adjudicated
				incompetent under the laws of the State by a court of competent jurisdiction,
				the rights of the resident are exercised by the person appointed under State
				law to act on the resident's behalf.
10.C.4. The facility must inform the
				resident, legal representative or family member, both orally and in writing, in
				a language that he or she understands, of the resident's rights and all rules
				and regulations governing resident conduct and responsibilities during the
				resident's stay in the facility.
Such notification must be made prior to or upon admission and
				  during the resident's stay. Receipt of such information and any amendments to
				  it must be acknowledged in writing.
10.C.5. The resident has the right to inspect
				all records pertaining to himself/herself, upon oral or written request, within
				twenty-four (24) hours. Photocopies may be purchased and the facility must
				provide them within two (2) working days of the request.
10.C.6. The resident has the right to be
				fully informed in language that he or she can understand of his or her total
				health status, including but not limited to, his or her medical
				condition.
10.C.7. The resident has
				the right to limit and/or refuse treatment, and to refuse to participate in
				experimental research.
10.C.8. The
				facility must display information and:
a.
				Inform each resident how to apply for Medicaid;
b. Inform each resident who is entitled to
				Medicaid benefits, in writing, at the time of admission to the nursing facility
				or when the resident becomes eligible for Medicaid of:
1. The items and services that are included
				in nursing facility services in the Maine Medical Assistance Manual and for
				which the resident may not be charged.
2. Those other items and services that the
				facility offers and for which the resident may be charged, and the amount of
				charges for those services and,
c. Inform each resident when changes are made
				to the items and services specified in Sections 10. C.8.b.1. and 10.
				C.8.b.2.
10. C.9. Inform
				each resident before, or at the time of admission, when changes occur, and
				periodically during the resident's stay, of services available in the facility
				and of charges for those services, including any charges for services not
				covered under Medicaid/Medicare or by the facility's per diem rate.
10.C.10. The facility must furnish to each
				resident, before or at the time of admission, a written description of legal
				rights which includes:
a. A description of
				the manner of protecting personal funds, under Section 10.E.
b. A statement that the resident may file a
				complaint with the Division of Licensing and Certification, the Bureau of Elder
				and Adult Services or the Long Term Care Ombudsman Program concerning resident
				abuse, neglect, and/or misappropriation of resident property in the facility
				and other violations of residents' rights.
c. Information regarding Advance Directives
				as required by the Patient Self-Determination Act.
10.C.11. Inform each resident of the name,
				specialty, and method of contacting the physician responsible for his or her
				care.