§ 461-d. Rights of residents in adult care facilities. 1. The
principles enunciated in subdivision three hereof are declared to be the
public policy of the state and a copy of such statement of rights and
responsibilities shall be posted conspicuously in a public place in each
facility covered hereunder.

2. The department shall require that every adult care facility shall
adopt and make public a statement of the rights and responsibilities of
the residents who are receiving care in such facilities, and shall treat
such residents in accordance with the provisions of such statement.

3. Resident rights and responsibilities shall include, but not be
limited to the following:

(a) Every resident's civil and religious liberties, including the
right to independent personal decisions and knowledge or available
choices, shall not be infringed and the facility shall encourage and
assist in the fullest possible exercise of these rights.

(b) Every resident shall have the right to have private communications
and consultations with his or her physician, attorney, and any other
person.

(c) Every resident shall have the right to present grievances on
behalf of himself or herself or others, to the facility's staff or
administrator, to governmental officials, or to any person without fear
of reprisal, and to join with other residents or individuals within or
outside of the facility to work for improvements in resident care.

(d) Every resident shall have the right to manage his or her own
financial affairs.

(e) Every resident shall have the right to have privacy in treatment
and in caring for personal needs.

(f) Every resident shall have the right to confidentiality in the
treatment of personal, social, financial and medical records, and
security in storing personal possessions.

(g) Every resident shall have the right to receive courteous, fair,
and respectful care and treatment and a written statement of the
services provided by the facility, including those required to be
offered on an as-needed basis.

(h) Every resident shall have the right to receive or to send personal
mail or any other correspondence without interception or interference by
the operator of an adult care facility or any person affiliated
therewith.

(i) Every resident shall have the responsibility to obey all
reasonable regulations of the facility and to respect the personal
rights and private property of the other residents.

(j) The facility is required to include on its accident or incident
report the resident's version of the events leading to an accident or
incident involving such resident, unless the resident objects.

(k) Every resident shall have the right to authorize those family
members and other adults who will be given priority to visit consistent
with the resident's ability to receive visitors.

(l) Every resident or, in the case of a person who lacks capacity to
consent to his or her health care, a person legally authorized to
consent on behalf of the resident, shall have the right to be fully
informed by his or her physician, or other health or mental health
provider of his or her medical condition and proposed medication,
treatment and services, unless medically contraindicated, and to refuse
medication, treatment or services after being fully informed of the
consequences of such actions; provided that an operator acting
reasonably and in good faith, shall not be held liable or penalized for
complying with the refusal of such medication, treatment or services by
a resident or, in the case of a person who lacks capacity to consent to
his or her health care, a person legally authorized to consent on behalf
of the resident, who has been fully informed of the consequences of such
refusal.

(m) Every resident or, in the case of a person who lacks capacity to
consent to his or her health care, a person legally authorized to
consent on behalf of the resident, shall have the right to choose the
resident's own health care providers for services not covered by his or
her admission agreement.

Waiver of any provision contained within this subdivision by a
resident of an adult care facility shall be void.

4. Every resident of a residence for adults, adult home or enriched
housing program, shall be entitled to receive compensation for services
performed on behalf of such facility or persons affiliated therewith,
and the operator of such facility shall maintain written records stating
the duties to be performed, the rate and type of compensation, and the
hours and days during which these services will be performed.

5. Each operator shall give a copy of the statement of rights and
responsibilities to each resident at or prior to the time of admission
to the facility, or to the appointed personal representative and to each
member of the facility's staff.

6. An operator or employee of a residence for adults, adult home or
enriched housing program or any other entity which is a representative
payee of a resident of such facility pursuant to designation by the
social security administration or which otherwise assumes management
responsibility over the funds of a resident shall maintain such funds in
a fiduciary capacity to the resident. Any interest on money received and
held for the resident shall be the property of the individual resident.

7. Every operator of a residence for adults, adult home, enriched
housing program or family type home for adults shall post a long term
care ombudsman poster in such facility in the main entrance or public
posting area where notices to residents are commonly displayed, or, if
there is no such main entrance or posting area, in the several public
areas within the facility where notices to residents are commonly
displayed, and shall make the long term care ombudsman brochure
available to residents upon request.