Resident
Bill of Rights.
(a) Live in a safe and decent living environment, free
from abuse and neglect.
(b)
Be treated with consideration, respect and with due recognition
of personal dignity, individuality, and the need for privacy.
(c)
Retain and use his or her own clothes and other personal property
in his or her immediate living quarters, so as to maintain
individuality and personal dignity, except when the facility can
demonstrate that such would be unsafe, impractical, or an infringement
upon the rights of other residents.
(d)
Unrestricted private communication, including receiving and sending
unopened correspondence, access to a telephone, and
visiting with any person of his or her choice, at any time between
the hours of 9 a.m. and 9 p.m. at a minimum. Upon request, the
facility shall make provisions to extend visiting hours for caregivers
and out-of-town guests, and in other similar situations.
(e)
Freedom to participate in and benefit from community services
and activities and to achieve the highest possible level of
independence, autonomy, and interaction within the community.
(f)
Manage his or her financial affairs unless the resident or, if
applicable, the resident's representative, designee, surrogate,
guardian, or attorney -in fact- authorizes the administrator of
the facility to provide safekeeping for funds as provided in s.400.427
.
(g)
Share a room with his or her spouse if both are residents of the
facility.
(h)
Reasonable opportunity for regular exercise several times a week
and to be outdoors at regular and frequent intervals except
when prevented by inclement weather.
(i)
Exercise civil and religious liberties, including the right to
independent personal decisions. No religious beliefs
or practices, nor any attendance at religious services, shall
be imposed upon any resident.
(j)
Access to adequate and appropriate health care consistent with
established and recognized standards within the community.
(k)
At least 30 day's notice of relocation or termination of residency
from the facility unless, for medical reasons, the resident
is certified by a physician to require an emergency relocation
to a facility providing a more skilled level of care or the resident
engages in a pattern of conduct that is harmful or offensive to
other residents. In the case of a resident who has been adjudicated
mentally incapacitated, the guardian shall be given at least 30
day's notice of a non-emergency relocation or residency termination.
Reasons for relocation shall be set forth in writing. In order
for a facility to terminate the residency of an individual without
notice as provided herein, the facility shall show good cause
in a court of competent jurisdiction.
(1)
Present grievances and recommend changes in policies, procedures,
and services to the staff of the facility, governing officials,
or any other person without restraint, interference, coercion,
discrimination, or reprisal. Each facility shall establish a grievance
procedure to facilitate the residents' exercise of this right.
This right includes access to ombudsman volunteers and advocates
and the right to be a member of, to be active in, and to associate
with advocacy or special interest groups.
(2)
The administrator of a facility shall ensure that a written notice
of the rights, obligations, and prohibitions set forth in
this part is posted in a prominent place in each facility and
read or explained to residents who cannot read. This notice shall
include the name, address, and telephone numbers of the district
ombudsman council and adult abuse registry and, when applicable,
the Advocacy Center for Persons with Disabilities, Inc., and the
district human rights advocacy committee, where complaints may
be lodged. The facility must ensure a resident's access to a telephone
to call the district ombudsman council, adult abuse registry,
Advocacy Center for Persons with Disabilities, Inc., and district
human rights advocacy committee.
(3)
(a) The agency shall conduct a survey to determine general compliance
with facility standards and compliance with residents' rights
as a prerequisite to initial licensure or licensure renewal.
(b)
In order to determine whether the facility is adequately protecting
residents the biennial survey shall include private informal
conversations with a sample of residents and consultation with
the ombudsman council in the
planning and service area in which the facility is located to
discuss residents' experiences within the facility.
(c)
During any calendar year in which no survey is conducted, the
agency shall conduct at least one monitoring visit of each facility
city in the previous year for a class I or class II violation,
or more than three uncorrected class III violations.
(d)
The agency may conduct periodic follow-up inspections as necessary
to monitor the compliance of facilities with a history of
any class I, class II, or class III violations that threaten the
health, safety, or security of residents.
(e)
The agency may conduct complaint investigations as warranted to
investigate any allegations of non-compliance with requirements
necesary under this part or rules adopted under this part.
(4)
The facility shall not hamper or prevent residents from exercising
their rights as specified in this section.
(5)
No facility or employee of a facility may serve notice upon a
resident to leave the premises or take any other retaliatory
action against any person who:
(a)
Exercises any right set forth in this section.
(b)
Appears as a witness in any hearing, inside or outside the facility.
(c)
Files a civil action alleging a violation of the provisions of
this part or notifies a state attorney or the Attorney General
of a possible violation of such provisions.
(6)
Any facility which terminates the residency of an individual who
participated in activities specified in subsection (5) shall
show good cause in a court of competent jurisdiction.
(7)
Any person who submits or reports a complaint concerning a suspected
violation of the provisions of this part or concerning services
and conditions in facility, or who testifies in any administrative
or judicial proceeding arising from such a complaint, shall have
immunity from any civil or criminal liability therefore, unless
such person has acted in bad faith or with malicious purpose or
the court finds that there was a complete absence of a justifiable
issue of either law or fact raised by the losing party.
