Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 40 - ADULT FOSTER HOMES › Section 309-040-0410 - Residents' Bill of Rights, Complaints, and Grievances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Residents' Bill of Rights:
(a) The provider shall guarantee Residents'
			 Bill of Rights as described in ORS
			 443.739 and help residents
			 exercise them;
(b) The provider
			 shall post the Residents' Bill of Rights in a location that is prominent and
			 accessible to individuals, individuals' representatives, parents, guardians,
			 and advocates. The posted rights shall include the telephone number of the
			 office to call to report complaints;
(c) The provider shall give a copy of the
			 Residents' Bill of Rights to each individual, individuals' representatives,
			 parents, guardians, and advocates along with a description of how to exercise
			 these rights;
(d) Upon admission to
			 the AFH:
(A) The provider shall explain the
			 Residents' Bill of Rights to each individual and to individuals'
			 representatives, parents, guardians, and advocates; and
(B) The provider shall document in the
			 individual's file that a copy of the Residents' Bill of Rights is given to each
			 individual and to the individuals' representatives, parents, guardians, and
			 advocates.
(e) The
			 Residents' Bill of Rights state that each resident has the right to:
(A) Be treated as an adult with respect and
			 dignity;
(B) Be encouraged and
			 assisted to exercise constitutional and legal rights as a citizen including the
			 right to vote and be informed of all house rules;
(C) Receive appropriate care and services and
			 prompt medical care as needed. Be informed of the individual's medical
			 condition and the right to consent to or refuse treatment;
(D) Adequate personal privacy and privacy to
			 associate and communicate privately with any individual of choice, such as
			 family members, friends, advocates, and legal, social service, and medical
			 professionals; send and receive personal mail unopened; engage in telephone
			 conversations; and have medical and personal information kept
			 confidential;
(E) Have access to
			 and participate in activities of social, religious, and community
			 groups;
(F) Be able to keep and use
			 a reasonable amount of personal clothing and belongings and to have a
			 reasonable amount of private, secure storage space;
(G) Be free of discrimination in regard to
			 race, color, national origin, sex, religion, sexual orientation, or
			 disability;
(H) Manage financial
			 affairs unless legally restricted and be free from financial exploitation. The
			 provider may not charge or ask for application fees or nonrefundable deposits
			 and may not solicit, accept, or receive money or property from an individual
			 other than the amount agreed to for services;
(I) A safe and secure environment;
(J) Written notices prior to rate increases
			 and evictions;
(K) A written
			 agreement regarding services to be provided and agreed upon rates;
(L) Voice suggestions, complaints, or
			 grievances without fear of retaliation;
(M) Freedom from training, treatment,
			 chemical or physical restraints except as agreed to in writing in an
			 individual's RCP and be free from chemical or physical restraints except as
			 ordered by a physician or other qualified practitioner;
(N) Be allowed and encouraged to learn new
			 skills, to act on their own behalf to their maximum ability, and to relate to
			 residents in an age appropriate manner;
(O) An opportunity to exercise choices
			 including food selection, personal spending, friends, personal schedule,
			 leisure activities, and place of residence;
(P) Freedom from punishment. Behavior
			 intervention programs shall be approved in writing on the individual's RCP;
(Q) Freedom from abuse and
			 neglect;
(R) The opportunity to
			 contribute to the maintenance and normal activities of the household;
(S) Access and opportunity to interact with
			 persons with or without disabilities;
(T) The right not to be transferred or moved
			 out of the AFH without 30 days' advance written notice and an opportunity for a
			 hearing as described in ORS
			 443.738 and OAR
			 411-088-0080. A provider may
			 transfer or discharge an individual only for medical reasons including a
			 medical emergency described in ORS
			 443.738, or for the welfare of
			 the individual or other residents, or for nonpayment; and
(U) Utilize advance directives. Advance
			 directives shall be explained to each individual upon admission. If the
			 individual does not already have any advance directive or directives, he or she
			 shall be given an opportunity to complete them. If any advance directives are
			 completed by the individual, the provider shall document these directives in
			 the individual's record. If the individual declines to file any advance
			 directives, this declination shall be documented in the individual's
			 record;
(V) As used in this
			 section, the term "advance directive" has the meaning given under ORS
			 127.505 and includes the
			 "Declaration for Mental Health Treatment" under ORS
			 127.700 through
			 127.737.