Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 85 - NURSING FACILITIES/LICENSING - GENERALLY › Section 411-085-0310 - Residents' Rights: Generally

Current through Register Vol. 63, No. 7, July 1, 2024
The facility must protect, encourage, and assist the resident
				in exercising the rights identified in OAR
				411-085-0300 - OAR
				411-085-0350. Each resident and
				the resident's legal representative, as appropriate, have the right to:
(1) Be encouraged and assisted while in the
			 facility to exercise rights as a citizen or resident of Oregon and of the
			 United States.
(2) Be fully
			 informed, orally and in writing, in a language the resident understands of
			 these rights, and of all facility guidelines for resident conduct and
			 responsibilities. This must be documented by the resident's written
			 acknowledgment, before or at the time of admission.
(3) Be fully informed, before or at the time
			 of admission and during the resident's stay, of services available in the
			 facility, including Medicaid and Medicare certification status and the
			 potential consequences thereof to the resident. The facility must assist the
			 resident to apply for Medicaid and Medicare benefits, by ensuring the resident
			 is able to contact the local Medicaid agency, whenever a resident may be
			 eligible.
(4) Be fully informed of
			 his or her total health status, including, but not limited to medical status.
			 The resident must be informed of the right to choose his or her own physician
			 and to be fully informed in advance of any changes in care or treatment. The
			 facility staff must encourage the resident to exercise the right to make his or
			 her own decisions and fully participate in care and care planning unless the
			 resident has been found legally incapable of doing so.
(5) Refuse any medication, treatment, care,
			 or any participation in experimental research unless the resident has been
			 found legally incapable of doing so.
(6) Be encouraged, but not required, to
			 perform activities for therapeutic purposes when identified in the resident's
			 care plan.
(7) Be free from verbal,
			 sexual, mental and physical abuse, corporal punishment, and involuntary
			 seclusion. Chemical and physical restraints may only be used to ensure the
			 physical safety of the residents and may not be used for discipline or
			 convenience. Except as provided in OAR
			 411-086-0140, restraints may
			 only be used on order of a physician.
(8) Be transferred or discharged only in
			 accordance with the Aging and People with Disabilities transfer and discharge
			 rules in OAR chapter 411, division 088.
(9) Not be reassigned to a new room within
			 the facility without cause and without adequate preparation for the move in
			 order to avoid harmful effects.
(a)
			 Involuntary reassignment of rooms may only be made after reasonable advance
			 notification (oral or written) and preparation. Unless there is clear and
			 adequate written justification for a shorter time frame, "reasonable advance
			 notification" means no less than 14 days.
(b) Residents must not be involuntarily
			 reassigned rooms within the facility if such reassignment may have a
			 significant adverse impact on the resident's medical or psychological
			 status.
(c) Moving residents on the
			 basis of source of payment is not just cause for intra-facility
			 transfers.
(d) Residents and
			 significant others must receive prior notice of any move and any change in
			 roommate assignment.