50-10.2 Rights of Health Care Facility Residents - North Dakota Statutes

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CHAPTER 50-10.2RIGHTS OF HEALTH CARE FACILITY RESIDENTS50-10.2-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Conflict of interest" means any type of ownership in a facility or membership on the
governing body of a facility by a provider of goods or services to that facility or by a
member of that person's immediate family.2."Department" means the department of human services.3."Facility" means a skilled nursing care facility, basic care facility, assisted living
facility, or swing-bed hospital approved to furnish long-term care services.4."Immediate family" means husband, wife, father, mother, brother, sister, son,
daughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law,
daughter-in-law, stepchild, uncle, aunt, niece, nephew, or grandchild.5."Remodeling" means any alteration in structure, refurbishing, or repair that would:a.Prevent the facility staff from providing customary and required care; orb.Seriously endanger or inconvenience any resident with noise, dust, fumes,
inoperative equipment, or the presence of remodeling workers.6."Resident" means a person residing in a facility.50-10.2-02. Residents' rights - Implementation.1.All facilities shall, upon a resident's admission, provide in hand to the resident and a
member of the resident's immediate family or any existing legal guardian of the
resident a statement of the resident's rights while living in the facility. Within thirty
days after admission, the statement must be orally explained to the resident and, if
the resident is unable to understand, to the resident's immediate family member or
members and any existing legal guardian of the resident, and thereafter annually so
long as the resident remains in the facility.The statement must include rights,responsibilities of both the resident and the facility, and rules governing resident
conduct.Facilities shall treat residents in accordance with provisions of thestatement.The statement must include provisions ensuring each resident thefollowing minimum rights:a.The right to civil and religious liberties, including knowledge of available
choices, the right to independent personal decisions without infringement, and
the right to encouragement and assistance from the staff of the facility to
promote the fullest possible exercise of these rights.b.The right to have private meetings, associations, and communications with any
person of the resident's choice within the facility.c.The right of each resident, the resident's immediate family, any existing legal
guardian of the resident, friends, facility staff, and other persons to present
complaints on the behalf of the resident to the facility's staff, the facility's
administrator, governmental officials, or to any other person, without fear of
reprisal, interference, coercion, discrimination, or restraint.The facility shalladopt a grievance process and make the process known to each resident and,
if the resident is unable to understand, to the resident's immediate family
member or members and any existing legal guardian of the resident.AnPage No. 1individual making a complaint in good faith is immune from any civil liability that
otherwise might result from making the complaint.d.The right to send and receive unopened personal mail and the right of access
to and use of telephones for private conversations.e.The right to assured private visits by one's spouse, or if both are residents of
the same facility, the right to share a room, within the capacity of the facility,
unless sharing a room is not medically advisable as documented in the medical
records by the attending physician.f.The right to manage one's own financial affairs if not under legal guardianship,
or to delegate that responsibility in writing to the administrator or manager of
the facility, but only to the extent of funds held in trust by the facility for the
resident. If such a trust is established, then a written quarterly accounting of
any transactions made on behalf of the resident must be furnished along with
an explanation by the facility to the resident or the person legally responsible for
the resident.g.The right to be fully informed in writing prior to or at the time of admission and
during one's stay, of services provided and the charges for those services,
including ancillary charges.Residents, or their legal guardians, must beinformed at least thirty days prior to any change in the costs or availability of the
services. No facility may demand or receive any advance payment or gratuity
to assure admission.h.The right to be adequately informed of one's medical condition and proposed
treatment and to participate in the planning of all medical treatment, including
the right to refuse medication and treatment, to be discharged from the facility
upon written request, and to be notified by the resident's attending physician of
the medical consequences of any such actions.i.The right to have privacy in treatment and in caring for personal needs, to use
personal belongings, to have security in storing and using personal
possessions, and to have confidentiality in the treatment of personal and
medical records. The resident has the right to view, and authorize release of,
any personal or medical records.j.The right to be treated courteously, fairly, and with the fullest measure of
dignity.k.The right to be free from mental and physical abuse and the right to be free
from physical or chemical restraint except in documented emergencies or when
necessary to protect the resident from injury to self or to others. In such cases,
the restraint must be authorized and documented by a physician for a limited
period of time and, if the restraint is a chemical one, it must be administered by
a licensed nurse or physician. Except as provided in this subdivision, drugs or
physical restraints may not be used or threatened to be used for the purposes
of punishment, for the convenience of staff, for behavior conditioning, as a
substitute for rehabilitation or treatment, or for any other purpose not part of an
approved treatment plan.l.The right not to be transferred or discharged except for:(1)Medical reasons;(2)The resident's welfare or that of other residents; or(3)Nonpayment of one's rent or fees.Page No. 2Residents may be temporarily transferred during times of remodeling.m.The right to receive at least a thirty-day written advance notice of any transfer
or discharge when the resident is being discharged to another facility or the
resident's own home, or when the resident is being transferred or discharged
because of a change in the resident's level of care; and the right to receive
advance notice of transfer or discharge under all other circumstances to the
extent not prohibited by sound medical reasons, or incompatibility which affects
a resident's welfare or that of another resident.n.The right to refuse to perform services on behalf of the facility, unless agreed to
by the resident or legal guardian and established in the plan of care.o.The right to a claim for relief against a facility for any violation of rights
guaranteed under this chapter.p.The right to have each facility display a notice that the following information is
available for public review and make the information available on request:(1)A complete copy of every inspection report, deficiency report, and plan of
correction the facility received during the previous two years.(2)The facility's grievance process.(3)A copy of the statement of ownership, board membership, and partners.(4)A statement of ownership setting forth any conflict of interest in the
operation of the facility.q.The right to a pharmacist of the resident's choice irrespective of the type of
medication distribution system used by the facility.r.The right to not be discriminated against by a facility in the admissions process
or in the provision of appropriate care on the basis of the resident's source of
payment to the facility. Any applicant for admission to a facility who is denied
admission must be given the reason for the denial in writing upon request.s.The right of residents and their families to organize, maintain, and participate in
resident advisory and family councils.t.The right of residents receiving services performed by a provider from outside
the facility to be informed, on request, of the identity of the provider.2.Waiver of any of the rights guaranteed by this chapter may not be made a condition
of admission to a facility.3.Each facility shall prepare a written plan and provide staff training to implement this
chapter.4.The department shall hold open meetings at least once every two years in each
region established by the governor's executive order 1978-12 dated October 5,
1978, having a facility, to advise and to facilitate communication and cooperation
between facility personnel and the residents in their mutual efforts to improve
resident care; and to document concerns and issues needing to be addressed.
Appropriate advance notice must be given.5.The department shall develop and coordinate with the facility licensing and
regulatory agencies a relocation plan in the event a facility is decertified or
unlicensed.Page No. 350-10.2-03. Rulemaking authority of department. The department may adopt rules inaccordance with chapter 28-32, consistent with and necessary for the implementation and
enforcement of this chapter through the ombudsman program under chapter 50-10.1.50-10.2-04. Enforcement - Injunction. Any facility that violates this chapter may beenjoined by a district court. Actions for injunction under this section may be prosecuted by the
attorney general or any state's attorney in the name of the state. Actions for injunction under this
section must be prosecuted in the county where the case arises.Page No. 4Document Outlinechapter 50-10.2 rights of health care facility residents