Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 73 - STANDARDS FOR LICENSED ASSISTED LIVING FACILITIES › Part VI - Resident Care and Related Services › Section 22VAC40-73-550 - Resident rights

Current through Register Vol. 40, No. 24, July 15, 2024
A. The resident
				  shall be encouraged and informed of appropriate means as necessary to exercise
				  his rights as a resident and a citizen throughout the period of his stay at the
				  facility.
B. The resident has the
				  right to voice or file grievances, or both, with the facility and to make
				  recommendations for changes in the policies and services of the facility. The
				  residents shall be protected by the licensee or administrator, or both, from
				  any form of coercion, discrimination, threats, or reprisal for having voiced or
				  filed such grievances.
C. Any
				  resident of an assisted living facility has the rights and responsibilities as
				  provided in §
										63.2-1808
				  of the Code of Virginia and this chapter.
D. The operator or administrator of an
				  assisted living facility shall establish written policies and procedures for
				  implementing §
										63.2-1808
				  of the Code of Virginia.
E. The
				  facility shall make its policies and procedures for implementing §
										63.2-1808
				  of the Code of Virginia available and accessible to residents, relatives,
				  agencies, and the general public.
F.
				  The rights and responsibilities of residents shall be printed in at least
				  14-point type and posted conspicuously in a public place in all assisted living
				  facilities. The facility shall also post the name and telephone number of the
				  appropriate regional licensing supervisor of the department, the Adult
				  Protective Services' toll-free telephone number, the toll-free telephone number
				  of the Virginia Long-Term Care Ombudsman Program and any substate (i.e., local)
				  ombudsman program serving the area, and the toll-free telephone number of the
				  disAbility Law Center of Virginia.
G. The rights and responsibilities of
				  residents in assisted living facilities shall be reviewed annually with each
				  resident or his legal representative or responsible individual as stipulated in
				  subsection H of this section and each staff person. Evidence of this review
				  shall be the resident's, his legal representative's or responsible
				  individual's, or staff person's written acknowledgment of having been so
				  informed, which shall include the date of the review and shall be filed in the
				  resident's or staff person's record.
H. If a resident is unable to fully
				  understand and exercise the rights and responsibilities contained in §
										63.2-1808
				  of the Code of Virginia and does not have a legal representative, the facility
				  shall require that a responsible individual, of the resident's choice when
				  possible, designated in writing in the resident's record annually be made aware
				  of each item in §
										63.2-1808
				  and the decisions that affect the resident or relate to specific items in
				  § 63.2-1808.T he responsible individual shall not be the facility
				  licensee, administrator, or staff person or family members of the licensee,
				  administrator, or staff person.
1. A resident
				  shall be assumed capable of understanding and exercising these rights unless a
				  physician determines otherwise and documents the reasons for such determination
				  in the resident's record.
2. The
				  facility shall seek a determination and reasons for the determination from a
				  resident's physician regarding the resident's capability to understand and
				  exercise these rights when there is reason to believe that the resident may not
				  be capable of such.