Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 45 - MINIMUM STANDARDS OF OPERATION FOR INSTITUTIONS FOR THE AGED OR INFIRM › Subchapter 17 - RESIDENTS RIGHTS › Rule 15-16-1-45.17.2 - Residents' Rights

Current through June 25, 2024
The residents' rights policies and procedures ensure that
						each resident admitted to the facility:
1. is fully informed, as evidenced by the
					 resident's written acknowledgment, prior to or at the time of admission and
					 during stay, of these rights and is given a statement of the facility's rules
					 and regulations and an explanation of the resident's responsibility to obey all
					 reasonable regulations of the facility and to respect the personal rights and
					 private property of other residents;
2. is fully informed, and is given a written
					 statement prior to or at time of admission and during stay, of services
					 available in the facility, and of related charges including any charges for
					 services covered by the facility's basic per diem rate;
3. is assured of adequate and appropriate
					 medical care, is fully informed by a physician or nurse practitioner/physician
					 assistant of his medical conditions unless medically contraindicated (as
					 documented by a physician or nurse practitioner/physician assistant in his
					 medical record), is afforded the opportunity to participate in the planning of
					 his medical treatment, to not be limited in his/her choice of a pharmacy or
					 pharmacist provider in accordance with state law, as referenced in House Bill
					 1439, which states that the facility shall not limit a resident's choice of
					 pharmacy or pharmacy provider if that provider meets the same standards of
					 dispensing guidelines required of long term care facilities, to refuse to
					 participate in experimental research, and to refuse medication and treatment
					 after fully informed of and understanding the consequences of such
					 action;
4. is transferred or
					 discharged only for medical reasons, or for his welfare or that of other
					 residents, or for nonpayment for his stay (except as prohibited by sources of
					 third-party payment), and is given a two weeks advance notice in writing to
					 ensure orderly transfer or discharge. A copy of this notice is maintained in
					 his medical record;
5. is
					 encouraged and assisted, throughout his period of stay, to exercise his rights
					 as a resident and as a citizen, and to this end may voice grievances, has a
					 right of action for damages or other relief for deprivations or infringements
					 of his right to adequate and proper treatment and care established by an
					 applicable statute, rule, regulation or contract, and to recommend changes in
					 policies and services to facility staff and/or to outside representatives of
					 his choice, free from restraint, interference, coercion, discrimination, or
					 reprisal;
6. may manage his
					 personal financial affairs, or is given at least a quarterly accounting of
					 financial transactions made on his behalf should the facility accept his
					 written delegation of this responsibility to the facility for any period of
					 time in conformance with State law;
7. is free from mental and physical
					 abuse;
8. is free from restraint
					 except by order of a physician or nurse practitioner/physician assistant, or
					 unless it is determined that the resident is a threat to himself or to others.
					 Physical and chemical restraints shall be used for medical conditions that
					 warrant the use of a restraint. Restraint is not to be used for discipline or
					 staff convenience. The facility must have policies and procedures addressing
					 the use and monitoring of restraint. A physician order for restraint must be
					 countersigned within 24 hours of the emergency application of the
					 restraint;
9. is assured security
					 in storing personal possessions and confidential treatment of his personal and
					 medical records, and may approve or refuse their release to any individual
					 outside the facility, except, in the case of his transfer to another health
					 care institution, or as required by law of third-party payment
					 contract;
10. is treated with
					 consideration, respect, and full recognition of his dignity and individuality,
					 including privacy in treatment and in care for his personal needs;
11. is not required to perform services for
					 the facility that are not included for therapeutic purposes in his plan of
					 care;
12. may associate and
					 communicate privately with persons of his choice, may join with other residents
					 or individuals within or outside of the facility to work for improvements in
					 resident care, and send and receive his personal mail unopened, unless
					 medically contraindicated (as documented by his physician or nurse
					 practitioner/physician assistant in his medical record);
13. may meet with, and participate in
					 activities of, social, religious and community groups at his discretion, unless
					 medically contraindicated (as documented by his physician or nurse
					 practitioner/physician assistant in his medical record);
14. may retain and use his personal clothing
					 and possessions as space permits, unless to do so would infringe upon rights of
					 other residents, unless medically contraindicated (as documented by his
					 physician or nurse practitioner/physician assistant in his medical
					 record);
15. if married, is assured
					 privacy for visits by his/her spouse; if both are inpatients in the facility,
					 they are permitted to share a room, unless medically contraindicated (as
					 documented by the attending physician or nurse practitioner/physician assistant
					 in the medical record); and
16. is
					 assured of exercising his civil and religious liberties including the right to
					 independent personal decisions and knowledge of available choice. The facility
					 shall encourage and assist in the fullest exercise of these rights.
Miss. Code Ann.
						§
												43-11-13