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 488 - Adult Care Facilities Standards For Enriched Housing › Section 488.5 - Resident protections

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Residents rights.
(1) Each
		    operator must adopt a statement of rights and responsibilities of residents and
		    treat each resident in accord with the principles contained in the
		    statement.
(2) A copy of the
		    statement of rights issued by the department must 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) The following
		    rights and protections must be afforded by the operator to each resident. Each
		    resident has the right:
(i) to, at all times:
(a) 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;
(ii) to exercise his/her civil rights and
		    religious liberties, and to make personal decisions, including choice of
		    physician, and to have the assistance and encouragement of the operator in
		    exercising these rights and liberties;
(iii) to have private written and verbal
		    communications or visits with anyone of the resident's choice, or to deny or
		    end such communications or visits;
(iv) to send and receive mail or any
		    correspondence unopened and without interception or interference;
(v) to present grievances or recommendations
		    on their own behalf or the behalf of other residents to the program coordinator
		    or staff, the Department of Health, other government officials, or any other
		    parties without fear of reprisal or punishment;
(vi) to join other residents or individuals
		    inside or outside the enriched housing program to work for improvements in
		    resident care;
(vii) to
		    confidential treatment of personal, social, financial and health
		    records;
(viii) to have privacy in
		    their own room and sleeping unit, and in treatment and in caring for personal
		    needs, with only appropriate staff having access;
(ix) to receive a written statement in the
		    form of an admission or residency agreement, as appropriate, of the services
		    regularly provided by the operator, those additional services which will be
		    provided if needed or requested and the charges (if any) of these additional
		    services;
(x) to manage their own
		    financial and personal affairs, including the right to determine from whom
		    medical services are received, provided such services are within the provider's
		    scope of practice;
(xi) 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;
(xii) to decorate their room to taste and in
		    compliance with all applicable local and state fire and safety codes;
(xiii) to neither be restrained in any way
		    nor locked in a room at any time;
(xiv) to the extent the resident prefers, be
		    permitted to engage in activities outside the facility;
(xv) to control their own schedule and
		    activities and have access to reasonably available foods of preference at any
		    time;
(xvi) to not be coerced or
		    required to perform the work of staff members or contractual work for the
		    facility, but must be afforded the opportunity to seek employment, volunteer
		    and work in the greater community if he or she so chooses, and if the resident
		    performs work on behalf of the facility, to receive fair compensation from the
		    operator;
(xvii) to have security
		    for any personal possessions if stored by the operator;
(xviii) to have recorded on the program's
		    accident or incident report the resident's version of the events leading to the
		    accident or incident; and
(xix) to
		    object if the operator terminates the resident's admission or residency
		    agreement against the resident's will. The operator shall provide instructions
		    for formally making an objection if requested by the
		    resident.