New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 487 - Standards For Adult Homes › Section 487.5 - Resident protections

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Resident rights.
(1) Each
		    operator shall adopt a statement of the rights and responsibilities of
		    residents, and shall treat each resident in accord with the principles
		    contained in the statement.
(2) A
		    copy of the statement of rights issued by the department shall be posted in a
		    conspicuous location in a public area of the facility, provided to each
		    resident at the time of admission, and reviewed with the resident annually
		    thereafter.
(3) At a minimum, the
		    operator shall afford each resident the following rights and protections:
(i) A resident's civil rights shall not be
		    infringed.
(ii) A resident's
		    religious liberties shall not be infringed.
(iii) A resident shall have the right to have
		    private, written and verbal communications with anyone of his/her
		    choice.
(iv) A resident shall have
		    the right to present grievances on his/her behalf, or the behalf of other
		    residents, to the administrator or facility staff, the department or other
		    government officials or any other parties without fear of reprisal.
(v) A resident shall have the right to join
		    with other residents or individuals to work for improvements in resident
		    care.
(vi) A resident shall have
		    the right to manage their own financial and personal affairs, including but not
		    limited to the right to determine from whom medical services are received,
		    provided such services are within the provider's scope of practice.
(vii) A resident shall have the right to
		    privacy in their own room or sleeping unit, and in caring for personal needs,
		    with only the resident and appropriate staff having access.
(viii) A resident shall be provided the
		    ability to select a private room if one is available and affordable to the
		    resident. Residents in shared rooms shall be afforded a choice of roommates and
		    operators shall take all reasonable steps to accommodate a resident's expressed
		    choice.
(ix) A resident shall have
		    the right to decorate their room to taste in compliance with all applicable
		    local and state fire and safety codes.
(x) A resident shall have the right to
		    confidential treatment of personal, social, financial and health
		    records.
(xi) At all times, a
		    resident shall:
(a) have the right to receive
		    courteous, fair and respectful care and treatment;
(b) have their dignity preserved;
(c) be free from coercion and restraint;
		    and
(d) not be physically, mentally
		    or emotionally abused, or subject to any occurrence which would constitute a
		    reportable incident.
(xii) A resident shall neither be restrained
		    in any way nor locked in a room at any time.
(xiii) A resident shall have the right to
		    receive and send mail or any other correspondence unopened and without
		    interception or interference.
(xiv)
		    A resident shall be permitted to engage in community life, including life
		    outside of the facility, to the degree that the resident prefers and in full
		    recognition of the resident's safety.
(xv) A resident shall not be obliged to
		    perform work for the facility, but must be afforded the opportunity to seek
		    employment, volunteer and work in the greater community if they so choose, and
		    if the resident performs work on behalf of the facility, to receive fair
		    compensation from the operator.
(xvi) A resident shall not be permitted, or
		    obliged, to provide any operator or agent of the operator any gratuity in any
		    form.
(xvii) A resident must have
		    the right to have their version of the events leading to an accident or
		    incident in which such resident is involved included on the reports of such
		    accidents or incidents.
(xviii) A
		    resident shall be afforded the right to control their own schedule and
		    activities and have access to reasonably available foods of preference at any
		    time.
(xix) A resident shall have
		    the right to object if the operator terminates the resident's admission or
		    residency agreement against their will. The operator shall provide instructions
		    for formally making an objection if requested by the
		    resident.