South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-84 - Standards for Licensing Community Residential Care Facilities › Sec2 61-84.1000 - RIGHTS AND ASSURANCES › Section 61-84.1000.1001 - General (II)

Current through Register Vol. 48, No. 6, June 28, 2024
A. The facility
				shall comply with all current Federal, State, and local laws and regulations
				concerning resident care, resident rights and protections, and privacy and
				disclosure requirements, e.g., 1976 Section
				44-81-10,
et seq.
, Resident's Bill of Rights, Alzheimer's Special Care
				Disclosure Act, and the Omnibus Adult Protection Act notice, 1976 Code Section
				43-35-5,
et seq.
(I)
B. The
				Resident's Bill of Rights, the Omnibus Adult Protection Act, and other notices
				as required by law, shall be prominently displayed in public areas of the
				facility.
C. The facility shall
				comply with all relevant Federal, State, and local laws and regulations
				concerning discrimination, e.g., Title VII, Section 601 of the Civil Rights Act
				of 1964, and insure that there is no discrimination with regard to source of
				payment in the recruitment, location of resident, acceptance or provision of
				goods and services to residents or potential residents, provided that payment
				offered is not less than the cost of providing services.
D. Achieving the highest level of self-care
				and independence by residents shall be reflected in the manner in which the
				facility provides/promotes resident care, e.g., residents making their own
				decisions, selecting a physician or other provider, maintaining personal
				property, managing finances.
E.
				Should a facility develop "house rules," the rules shall not be in conflict
				with the provisions of the Resident's Bill of Rights or other rights/assurances
				addressed in this regulation.
F.
				Residents shall be provided the opportunity to provide input into changes in
				facility operational policies, procedures, services, including "house
				rules."
G. Residents shall be
				assured freedom of movement. Residents shall not be locked in or out of their
				rooms or any common usage areas (e.g., dining, sitting, activity rooms) in the
				facility, or in or out of the facility building. Exit doors may be equipped
				with delayed egress locks as permitted by the codes referenced in Section
				1902.A. (I)
EXCEPTION:
Exit doors may be locked with written
				  approval by the Department and as permitted by the codes referenced in Section
				  1902.
H. The facility shall
				develop a grievance/complaint procedure to be exercised on behalf of the
				residents to enforce the Resident's Bill of Rights which includes the address
				and phone number of the Department, and a provision prohibiting retaliation
				should the grievance right be exercised.
I. Care, services, and items provided by the
				facility, the charges, and those services that are the responsibilities of the
				resident shall be delineated in writing. The resident shall be made aware of
				such charges/services and changes to charges/services as verified by the
				signature of the resident or responsible party.
J. Residents shall not be requested or
				required to perform any type of care/service in the facility that would
				normally be the duty of a staff member/volunteer. Residents may be allowed to
				engage in such activities as listed in the ICP with written authorization not
				necessarily in the ICP from a physician or other authorized healthcare
				provider, if strictly voluntary, and under proper supervision. (I)
K. Residents shall be allowed sufficient time
				to attempt and complete activities of daily living tasks without unnecessary
				intervening by staff members/volunteers in order to expedite completion of the
				tasks. Staff members/volunteers shall intervene appropriately as necessary to
				assist residents whose completion of the tasks may be impeded by their
				physical/mental condition.
L.
				Residents shall be permitted to use the telephone and shall be allowed privacy
				when placing or receiving telephone calls. This access shall include business
				hours from 7 a.m. through 8 p.m., seven (7) days a week, and other times when
				appropriate. This telephone service shall be available for use by residents
				and/or visitors for their private, discretionary use; pay phones for this
				purpose are acceptable. Telephones capable of only local calls are acceptable
				for this purpose, provided other arrangements exist to provide resident/visitor
				discretionary access to a telephone capable of long distance service.
M. In instances when a resident
				moves/relocates, lack of advance notice by the resident of the departure shall
				not relieve the facility of the obligation to refund the monies due the
				resident. The facility may charge the resident no more than fourteen (14) days
				of occupancy, if the resident fails to notify in writing the administrator of
				the intent to voluntarily relocate. However, if the facility is able to fill
				the bed vacated by the resident, the facility shall cease charging the resident
				regardless of the notice given. The facility shall notify the previous resident
				in writing as soon as it fills the bed with a new resident. This does not apply
				to residents that participate in the Optional State Supplementation Program
				(OSS). Voluntary relocation does not occur when a resident of a CRCF seeks to
				be discharged because a higher level of care is required or because the
				resident's health, safety, or welfare is endangered.