West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-14 - Assisted Living Residences › Section 64-14-5 - Resident Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. General
				Rights.
5.1.1. The licensee shall post in a
				conspicuous place the assisted living residence's license, a copy of the
				residents' rights, the house rules including visiting hours, and the phone
				numbers of the abuse hotline, the Office of Health Facility Licensure and
				Certification, and the state ombudsman. (Class III)
5.1.2. The licensee shall also post the name,
				address, and telephone number of the designated long-term care ombudsman
				program serving the region in which the residence is located, with a brief
				description of the services provided by the long-term care ombudsman program,
				and a statement of the penalties for willful interference and retaliation.
				(Class III)
5.1.3. The licensee
				shall provide one or as many copies as needed of the residents' rights to the
				resident. (Class III)
5.1.4. The
				licensee shall promptly notify the resident and the resident's legal
				representative or designated family member when there is a change in residents'
				rights. (Class III)
5.1.5. The
				licensee shall notify the resident and his or her representative or designated
				family member at least 72 hours prior to a change in room or roommate
				assignment unless an emergency situation occurs. (Class III)
5.1.6. The resident has the right to have a
				representative exercise one or more of the resident's rights, to the extent
				provided by federal and state law.
5.1.6.a.
				The licensee must treat the decisions of the legal representative as the
				decisions of the resident to the extent required by a court or delegated by the
				resident, in accordance with federal and state law.
5.1.6.b. The resident retains the right to
				exercise those rights not delegated to the legal representative, including the
				right to revoke a delegation of rights, except as limited by state
				law.
5.1.6.c. The licensee shall
				not extend to the legal representative the right to make decisions on behalf of
				the resident beyond the extent required by the court or delegated by the
				resident, in accordance with federal and state law.
5.1.7. Nothing in this rule shall in any way
				be construed to diminish or deprive any individual of his or her rights under
				federal and state laws. (Class III)
5.1.8. A resident shall be encouraged and
				assisted to exercise his or her rights as a resident and as a citizen,
				including voting in governmental elections. (Class III)
5.1.9. A resident has the right to be free
				from restraint, interference, coercion, discrimination, or reprisal from the
				licensee in exercising his or her rights. (Class II)
5.1.10. A resident has the right to be free
				from discriminatory practices related to admission or services on the grounds
				of race, religion, national origin, age, gender, sexual orientation, or
				disability. (Class II)
5.1.11. A
				resident has the right to manage his or her financial affairs and shall not be
				required to deposit his or her personal funds with the residence. (Class
				III)
5.1.12. A resident has the
				right to inspect all of his or her records, to obtain one free copy of the
				records, and to purchase additional copies at a reasonable cost. (Class
				III)
5.1.13. A resident has the
				right to view the results of inspections and complaint investigations conducted
				by the licensing agency. The licensee shall make available, in a place
				accessible to residents, the deficiencies cited during the most recent survey,
				any complaint investigation conducted within the preceding 12 months, and the
				residence's plan of correction. (Class III)
5.1.14. A resident has the right to retain
				and use personal possessions including furnishings and clothing as space
				permits, unless to do so would infringe upon the rights, health, or safety of
				other residents. (Class III)