Keep in touch with what’s happening in California about assisted living and RCFE legislation and related items.
Residents in RCFEs do not give up their rights when they choose to live in an assisted living facility. At admission, a resident and the resident's responsible person must be personally advised of and given a list of these rights. The Licensee must have each resident and the resident's responsible party sign a copy of these rights and the signed copy shall be included in the resident's record.
In 'nutshell' version, here are the Resident Rights - current as of 2016. To see the entire set of resident rights, see California Health and Safety Code 1569.261 to 1569.269.
1. To be accorded dignity in personal relationships with staff, residents and others.
2. To be granted personal privacy in accommodations, medical treatment, personal care and assistance, visits, communications, telephone conversations, internet use, and meetings of resident and family groups.
3. To confidential treatment of records and personal information, including approval of their release.
4. To be free from interference, coercion, discrimination and retaliation in exercising their right to vote.
5. To be accorded safe, healthful and comfortable living quarters, furnishing and equipment.
6. To care, supervision and services meeting individual needs, to be delivered by staff sufficient in number, qualifications and competency to meet their needs.
7. To be served food of the quantity and quantity necessary to meet their nutritional needs.
8. To make choices concerning their daily life in the facility.
9. To fully participate in planning their care, including attending and participating in meetings regarding care, and involving persons of their choice in the planning process.
10. To be free from neglect, financial exploitation, involuntary seclusion, punishment, humiliation, intimidation, and verbal, mental, physical, or sexual abuse.
11. To present grievances, recommend policy, procedures, and service changes to staff, the facility's management and governing authority, and to any other person, without restraint, coercion, discrimination, reprisal, or other retaliatory actions.
12. To contact the state Department of Social Services, long term care ombudsman, or both regarding grievances against the licensee.
13. To be fully informed, evidenced by the resident's written acknowledgement, prior to or at time of admission, of rules governing resident's conduct and responsibilities.
14. To receive in the admission agreement a comprehensive description of the method for evaluating residents' service needs and the fee schedule for items and services provided, and to receive written notice of any rate increases.
15. To be informed in writing at or before admission of any resident retention limitations set by the state or licensee, including any limitations or restrictions on the licensee's ability to meet resident's needs.
16. To reasonable accommodation of individual needs and preferences in all aspects of life in the facility except when the health and safety of the individual or other residents would be endangered.
17. To reasonable accommodation of resident preferences concerning room and roommate choices.
18. To written notice of any room changes at least 30 days in advance unless the request is agreed to by the resident, required to fill a vacant bed, or necessary due to an emergency.
19. To share a room with the resident's spouse, domestic partner, or a person of resident's choice when both spouses, partners, or residents live in the same facility and consent to the arrangement.
20. To select resident's own physician, pharmacy, privately paid personal assistants, hospice agency, and health care providers in a manner consistent with resident's admissions contract or other rules of the facility.
21. To have prompt access to review of their records and to purchase copies. Copies shall be promptly provided, not to exceed two business days, at a cost not to exceed the community standard.
22. To be protected from involuntary transfers, discharges, and evictions in violation of state laws and regulations. An RCFE shall not involuntarily transfer or evict residents for grounds other that those specifically stated in the state law or regulations, and shall comply with eviction and relocation protections for residents. "Involuntary" means a transfer, discharge, or eviction initiated by the licensee, not by the resident.
23. To move from a facility.
24. To consent to have relatives and other individuals of the resident's choosing visit during reasonable hours, privately, and without prior notice.
25. To receive written information on the right to establish an advanced health care directive and pursuant to Section 1569.156, the licensee's written policies on honoring those directives.
26. To be encouraged to maintain and develop their fullest potential for independent living by participation in activities designed and implemented for this purpose in accord with Section 87219, of Title 222 of the California Code of Regulations.
27. To organize and participate in a resident council established under Section 1569.157.
28. To protection of their property from theft or loss in accord with Sections 1569.152, 1569.153 and 1569.154.
29. To manage their financial affairs. A licensee shall not require residents to deposit their personal funds with the licensee. Except as provided in approved continuing care agreements, a licensee, or a spouse, domestic partner, relative or employee of a licensee shall not do any of the following:
- a) Accept appointment as a guardian or conservator of the person or estate of a resident.
- b) Become or act as representative payee for any payments made to a resident without the written and documented consent of the resident or resident's representative.
- c) Serve as an agent for a resident under any general or special power of attorney.
- d) Become or act as a joint tenant on any account with a resident.
- e) Enter into a loan or promissory agreement, or borrow money from a resident without a notarized written agreement outlining terms for repayment being given to the resident.
30. To keep, have access to, and use their own personal possessions, including toilet articles and to keep and be allowed to spend their money, unless limited by statute or regulation.
Further, residents may not be deprived of any civil or legal right, benefit, or privilege guaranteed by law, by the California Constitution, or by the United States Constitution solely by reason of status as a resident of a community.
Residents also \retain the right to privacy. The California Constitution, Article 1, Declaration of Rights, Section 1 " All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness and privacy.
If you are, or a family member is, a resident in an assisted living facility, and your rights have been or are being violated, you should immediately file a complaint with Community Care Licensing. File a complaint by phone, and if you can, follow it up in writing. 1-800-LET-US-No. Complaints help both YOU and the next person who comes to live in the facility.