Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart C - Long-Term Care Facilities › Chapter 201 - APPLICABILITY, DEFINITIONS, OWNERSHIP AND GENERAL OPERATION OF LONG-TERM CARE NURSING FACILITIES › OWNERSHIP AND MANAGEMENT › Section 201.29 - Resident rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 governing body of the facility shall establish written policies regarding the
					 rights and responsibilities of residents as provided for in
					 42 CFR
					 483.10 (relating to resident rights) and this
					 section. Through the administrator, the governing body shall be responsible for
					 development of and adherence to procedures implementing the policies. The
					 written policies shall include a mechanism for the inclusion of residents, or a
					 resident representative, in the development, implementation and review of the
					 policies and procedures regarding the rights and responsibilities of
					 residents.
(b) Policies and
					 procedures regarding rights and responsibilities of residents shall be
					 available to residents and members of the public.
(c) Policies of the facility shall be
					 available to staff, residents, consumer groups and the interested public,
					 including a written outline of the facility's objectives and a statement of the
					 rights of its residents. The policies shall set forth the rights of the
					 resident and prohibit mistreatment and abuse of the resident.
(c.1) The facility shall post in a
					 conspicuous place near the entrances and on each floor of the facility a notice
					 which sets forth the list of resident rights. The posting of resident rights
					 shall include the rights under subsection (c.3) and
					 42 CFR
					 483.10.
(c.2) A facility shall provide personal
					 notice of a resident's rights in accordance with
					 42 CFR
					 483.10(g)(16). A certificate
					 of the provision of personal notice shall be entered in the resident's medical
					 record.
(c.3) In addition to the
					 resident rights set forth in 42 CFR 483.10, residents have a
					 right to the following:
(1) If changes in
					 charges occur during the resident's stay, the resident, or resident
					 representative, shall be advised verbally and in writing reasonably in advance
					 of the change. ''Reasonably in advance'' shall be interpreted to be 30 days
					 prior to the change unless circumstances dictate otherwise. If a facility
					 requires a security deposit, the written procedure or contract that is given to
					 the resident, or resident representative, shall indicate how the deposit will
					 be used and the terms for the return of the deposit. A security deposit is not
					 permitted for a resident receiving medical assistance.
(2) Prior to transfer, the facility shall
					 inform the resident, or the resident representative, as to whether the facility
					 where the resident is being transferred is certified to participate in the
					 Medicare and the Medical Assistance Programs.
(3) Experimental research or treatment in a facility may not be
					 carried out without the approval of the Department, including the Department's
					 Institutional Review Board, and without the written approval and informed
					 consent of the resident, or resident representative, obtained prior to
					 participation and initiation of the experimental research or treatment. The
					 following apply:
(i) The resident, or
					 resident representative, shall be fully informed of the nature of the
					 experimental research or treatment and the possible consequences, if any, of
					 participation.
(ii) The resident,
					 or resident representative, shall be given the opportunity to refuse to
					 participate both before and during the experimental research or
					 treatment.
(iii) For the purposes
					 of this subsection, ''experimental research'' means the development, testing
					 and use of a clinical treatment, such as an investigational drug or therapy
					 that has not yet been approved by the United States Food and Drug
					 Administration or medical community as effective and conforming to medical
					 practice.
(4) A resident
					 has the right to care without discrimination based upon race, color, familial
					 status, religious creed, ancestry, age, sex, gender, sexual orientation, gender
					 identity or expression, national origin, ability to pay, handicap or
					 disability, use of guide or support animals because of the blindness, deafness
					 or physical handicap of the resident or because the resident is a handler or
					 trainer of support or guide animals.