Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 67 - CONTINUING CARE RETIREMENT COMMUNITY › Section 411-067-0086 - Resident Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A provider
			 must assist a resident, upon request, in the exercise of the resident's rights
			 as a citizen of the United States and as a resident of Oregon. A resident has
			 the right to exercise all rights that do not infringe upon the rights or safety
			 of other residents.
(2) A resident
			 has the right to review a provider's disclosure statements.
(3) A provider may not discriminate or impose
			 any requirement or restriction based on sex, marital status, race, color,
			 sexual orientation, or national origin of a resident, a prospective resident,
			 or a resident's visitor.
(4) A
			 provider must make reasonable accommodations to ensure that services are
			 accessible to residents who have disabilities.
(5) A provider must treat each resident with
			 respect and dignity at all times and ensure privacy for each resident during
			 rehabilitation or treatment and when receiving personal care
			 services.
(6) A resident has the
			 right to associate and communicate privately with persons of the resident's
			 choice and to send and receive mail that is not opened by the
			 provider.
(7) A resident has the
			 right to be free from abuse as defined in ORS
			 124.005 and OAR
			 411-020-0002.
(8) The Resident Council has the right to
			 meet with the provider as described in OAR
			 411-067-0083.
(9) A resident has the right to participate
			 in social, religious, and community activities at the discretion of the
			 resident.
(10) A resident has the
			 right to be fully informed, prior to or at the time of admission and during the
			 resident's period of residency, of services available in the CCRC, whether the
			 provider participates in the Medicare or Medicaid programs, and the
			 consequences of the participation or lack of participation by the provider in
			 the Medicare or Medicaid programs.
(11) A resident has the right to refuse
			 medication, treatment, care, or participation in clinical trials or other
			 research.
(12) A resident has the
			 right to obtain treatment, care, and services including but not limited to home
			 health and hospice care, from persons providing health care who have not
			 entered into a contract with or are not affiliated with the provider, subject
			 to policies of the CCRC regarding the provision of services by persons that are
			 not under contract.
(13) A resident
			 has the right to submit grievances and to suggest changes in policies and
			 services either orally or in writing to staff or other individuals without fear
			 of restraint, interference, coercion, discrimination, or reprisal by the
			 provider. A provider must listen to and respond promptly to a grievance or
			 suggestion from a resident.
(14) A
			 resident has the right to be free from harassment by other residents and to
			 peaceful enjoyment of the CCRC without interference from other
			 residents.
(15) A provider must
			 keep clinical and personal records of residents confidential. A resident or the
			 resident's representative has the right to a prompt inspection of the records
			 pertaining to the resident's care. The provider must provide photocopies or
			 electronic copies of a resident's records to the resident or the resident's
			 representative at a reasonable charge.
(16) A resident has the right to receive at
			 least 45 days prior notice of proposed changes in fees or services. The
			 provider must allow residents a reasonable opportunity to comment on the
			 proposed changes before the changes become effective.
Stat. Auth.: ORS
				  101.150 &
				  410.090
Stats. Implemented: ORS
				  101.115