Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › ENFORCEMENT › Appendix A - Assisted Living Resident Rights: During Residency and During Discharge or Termination of Residency

Current through Register Vol. 54, No. 28, July 13, 2024
The following are assisted living resident
						rights, including the notification of a resident's designated
						person:
General Requirements
1
The resident, or a designated person, has
								the right to rescind the contract for up to 72 hours after the initial dated
								signature of the contract.
§
														2800.25(h)
								Resident-residence contract
2
Either party has a right to rescind the
								informed consent agreement within 30 days of execution of the agreement.
§
														2800.30(k)
								Informed consent process
Resident Rights
3
Upon admission, each resident and, if
								applicable, the resident's designated person, shall be informed of resident
								rights and the right to lodge complaints without intimidation, retaliation or
								threats of retaliation by the residence or its staff persons against the
								reporter. Retaliation includes transfer or discharge from the residence.
§
														2800.41(a)
								Notification of rights and complaint procedures
4
Notification of rights and complaint
								procedures shall be communicated in an easily understood manner and in a
								language understood by or mode of communication used by the resident, and if
								applicable, the resident's designated person.
§
														2800.41(b) 
								Notification of rights and complaint procedures
5
The Department's poster of the list of
								resident's rights shall be posted in a conspicuous and public place in the
								residence.
§
														2800.41(c)
								Notification of rights and complaint procedures
6
A copy of the resident's rights and
								complaint procedures shall be given to the resident and, if applicable, the
								resident's designated person upon admission.
§
														2800.41(d) 
								Notification of rights and complaint procedures
7
A statement signed by the resident and,
								if applicable, the resident's designated person acknowledging receipt of a copy
								of the information specified in subsection (d), or documentation of efforts
								made to obtain signature, shall be kept in the resident's record.
§
														2800.41(e)
								Notification of rights and complaint procedures
8
A resident may not be discriminated
								against because of race, color, religious creed, disability, ancestry, sexual
								orientation, national origin, age or sex.
§
														2800.42(a)
								Specific rights
9
A resident may not be neglected,
								intimidated, physically or verbally abused, mistreated, subjected to corporal
								punishment or disciplined in any way. A resident must be free from mental,
								physical, and sexual abuse and exploitation, neglect, financial exploitation
								and involuntary seclusion.
§ 2800.42(b) Specific rights
10
A resident shall be treated with dignity
								and respect.
§ 2800.42(c) Specific rights
11
A resident shall be informed of the
								rules of the residence and given 30 days written notice prior to the effective
								date of a new residence rule.
§ 2800.42(d) Specific rights
12
A resident shall have access to a
								telephone in the residence to make calls in privacy. Nontoll calls must be
								without charge to the resident.
§ 2800.42(e) Specific rights
13
A resident has the right to receive and
								send mail. 1. Outgoing mail may not be opened or read by staff persons unless
								the resident requests. 2. Incoming mail may not be opened or read by staff
								persons unless the resident requests.
§
														2800.42(f)(1)
								& (2) Specific rights
14
A resident has the right to communicate
								privately with and access the local ombudsman.
§ 2800.42(g)
								Specific rights
15
A resident has the right to practice the
								religion or faith of the resident's choice, or not to practice any religion or
								faith.
§ 2800.42(h) Specific rights
16
A resident shall receive assistance in
								accessing health care services, including supplemental health care services.
§ 2800.42(i) Specific rights
17
A resident shall receive assistance in
								obtaining and keeping clean, seasonal clothing. A resident's clothing may not
								be shared with other residents.
§ 2800.42(j) Specific rights
18
A resident and the resident's designated
								person, and other individuals upon the resident's written approval shall have
								the right to access, review and request corrections to the resident's
								record.
§ 2800.42(k) Specific rights
19
A resident has the right to furnish his
								living unit and purchase, receive, use and retain personal clothing and
								possessions.
§ 2800.42(l) Specific rights
20
A resident has the right to leave and
								return to the residence at times consistent with the residence rules and the
								resident's support plan.
§ 2800.42(m) Specific rights
21
A resident has the right to relocate and
								to request and receive assistance, from the residence, in relocating to another
								facility. The assistance must include helping the resident get information
								about living arrangements, making telephone calls and transferring
								records.
§ 2800.42(n) Specific rights
22
A resident has the right to freely
								associate, organize and communicate privately with his friends, family,
								physician, attorney and other persons.
§
														2800.42(o)
								Specific rights
23
A resident shall be free from
								restraints.
§ 2800.42(p) Specific rights
24
A resident shall be compensated in
								accordance with State and Federal labor laws for labor performed on behalf of
								the residence. Residents may voluntarily and without coercion perform tasks
								related directly to the resident's personal space or common areas of the
								residence.
§ 2800.42(q) Specific rights
25
A resident has the right to receive
								visitors at any time provided that the visits do not adversely affect other
								residents. A residence may adopt reasonable policies and procedures related to
								visits and access. If the residence adopts those policies and procedures, they
								will be binding on the residence.
§
														2800.42(r)
								Specific rights
26
A resident has the right to privacy of
								self and possessions. Privacy shall be provided to the resident during bathing,
								dressing, changing and medical procedures.
§
														2800.42(s)
								Specific rights
27
A resident has the right to file
								complaints, grievances or appeals with any individual or agency and recommend
								changes in policies, residence rules and services of the residence without
								intimidation, retaliation or threat of discharge.
§ 2800.42(t)
								Specific rights
28
A resident has the right to remain in
								the residence, as long as it is operating with a license, except as specified
								in §
														2800.228 (relating to transfer and
								discharge).
§ 2800.42(u) Specific rights
29
A resident has the right to receive
								services contracted for in the resident-residence contract.
§
								2800.42(v) Specific rights
30
A resident has the right to use both the
								residence's procedures and external procedures to appeal involuntary
								discharge.
§ 2800.42(w) Specific rights
31
A resident has the right to a system to
								safeguard a resident's money and property.
§
														2800.42(x)
								Specific rights
32
To the extent prominently displayed in
								the written resident-residence contract, a residence may require residents to
								use providers of supplemental health care services as provided in §
														2800.142 (relating to assistance
								with medical care and supplemental health care services). When the residence
								does not designate, the resident may choose the supplemental health care
								services provider. The actions and procedures utilized by a supplemental health
								care service provider chosen by a resident must be consistent with the
								residence's systems for caring for residents. This includes the handling and
								assisting with the administration of resident's medications, and shall not
								conflict with Federal laws governing residents.
§ 2800.42(y)
								Specific rights
33
The resident has the right to choose his
								primary care physician.
§ 2800.42(z) Specific rights
34
A resident may not be deprived of his
								rights.
§
														2800.43(a)
								Prohibition against deprivation of rights
35
A resident's rights may not be used as a
								reward or sanction.
§
														2800.43(b)
								Prohibition against deprivation of rights
36
Waiver of any resident right shall be
								void.
§
														2800.43(c)
								Prohibition against deprivation of rights
37
Prior to admission, the residence shall
								inform the resident and the resident's designated person of the right to file
								and the procedure for filing a complaint with the Department's Assisted Living
								Residence Licensing Office, local ombudsman or protective services unit in the
								area agency on aging, the Disability Rights Network or law enforcement agency.
§ 2800.44(a) Complaint procedures
38
The residence shall permit and respond
								to oral and written complaints from any source regarding an alleged violation
								of resident rights, quality of care or other matter without retaliation or the
								threat of retaliation.
§ 2800.44(b) Complaint procedures
39
If a resident indicates that he wishes
								to make a written complaint, but needs assistance in reducing the complaint to
								writing, the residence shall assist the resident in writing the complaint.
§ 2800.44(c) Complaint procedures
40
The residence shall ensure investigation
								and resolution of complaints. The residence shall designate the staff person
								responsible for receiving complaints and determining the outcome of the
								complaint. The residence shall keep a log of all complaints and the outcomes of
								the complaints.
§
														2800.44(d)
								Complaint procedures
41
Within 2 business days after the
								submission of a written complaint, a status report shall be provided by the
								residence to the complainant. If the resident is not the complainant, the
								resident and the resident's designated person shall receive the status report
								unless contraindicated by the support plan. The status report must indicate the
								steps that the residence is taking to investigate and address the complaint.
§ 2800.44(e) Complaint procedures
42
Within 7 days after the submission of a
								written complaint, the residence shall give the complainant and, if applicable,
								the designated person, a written decision explaining the residence's
								investigation findings and the action the residence plans to take to resolve
								the complaint. If the resident is not the complainant, the affected resident
								shall receive a copy of the decision unless contraindicated by the support
								plan. If the residence's investigation validates the complaint allegations, a
								resident who could potentially be harmed or his designated person shall receive
								a copy of the decision, with the name of the affected resident removed, unless
								contraindicated by the support plan.
§
														2800.44(f)
								Complaint procedures
43
The telephone number of the Department's
								Assisted Living Residence Licensing Office, the local ombudsman or protective
								services unit in the area agency on aging, the Disability Rights Network, the
								local law enforcement agency, the Commonwealth Information Center and the
								assisted living residence complaint hotline shall be posted in large print in a
								conspicuous and public place in the residence.
§ 2800.44(g)
								Complaint procedures
44
Nothing in this §
														2800.44 (relating to complaint
								procedures) shall affect in any way the right of the resident to file suit or
								claim for damages.
§
														2800.44(h)
								Complaint procedures
Nutrition
45
Residents have the right to purchase
								groceries and prepare their own food in addition to the three meal plan
								required in §
														2800.220(b)
								(relating to service provision) in their living units unless it would be unsafe
								for them to do so consistent with their support plan.
§
								2800.161(h) Nutritional adequacy
Medications
46
The residence shall educate the resident
								of the right to question or refuse a medication if the resident believes there
								may be a medication error. Documentation of this resident education shall be
								kept.
§ 2800.191 Resident Education
Services
47
A resident or a designated person has a
								right to request the review and modification of his support plan.
§
														2800.227(j)
								Development of the final support plan
48
If the legal entity chooses to
								voluntarily close the residence or if the Department has initiated legal action
								to close the residence, the Department working in conjunction with appropriate
								local authorities, will offer relocation assistance to the residents. Except in
								the case of an emergency, each resident may participate in planning the
								transfer, and shall have the right to choose among the available alternatives
								after an opportunity to visit the alternative residences. These procedures
								apply even if the resident is placed in a temporary living situation.
§
														2800.228(f)
								Transfer and discharge
Enforcement
49
If the relocation of residents is due to
								the failure of the residence to apply for a license, the Department will offer
								relocation assistance to the residents. This assistance will include each
								resident's involvement in planning the relocation, except in the case of an
								emergency. Each resident shall have the right to choose among the available
								alternatives after an opportunity to visit the alternative residences. These
								procedures will occur even if the residents are placed in a temporary living
								situation.
§
														2800.267(a)
								Relocation of residents