Residents’ Rights For Residential Care Facilities

Residents’ Rights For Residential Care Facilities

Individuals living in Residential Care Facilities for the Elderly are accorded personal rights of which they must be personally advised at the time of admission. All persons accepted to facilities, or their responsible parties, shall be personally advised and given a copy of these rights at admission. The licensee shall have all residents or their responsible person sign a copy of these rights and the signed copy shall be included in the resident’s record.

Each resident shall have personal rights that include, but are not limited to, the following:

1.     To be accorded dignity in his/her personal relationships with staff, residents, and other persons.

2.     To be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment.

3.    To be free from corporal or unusual punishment, humiliation, intimidation, mental abuse, or other actions of a punitive nature, such as    withholding of monetary allowances or interfering with daily living function such as eating or sleeping patterns, or elimination.

4.     To be informed by the licensee of the provisions of law regarding complaints and of procedures to confidentially register complaints, including, but not limited to, the address and telephone number of the complaint receiving unit of the licensing agency.

5.     To have the freedom of attending religious services or activities of his/her choice and to have visits from the spiritual advisor of his/her choice.  Attendance at religious services, either in or outside the facility, shall be on a completely voluntary basis.

6.     To leave or depart the facility at any time and to not be locked into any room, building, or on-facility premises by day or night. This does not prohibit the establishment of house rules, such as the locking of doors at night, for the protection of residents; nor does it prohibit, with the permission of the licensing agency, the barring of windows against intruders.

7.     To visit the facility prior to residence along with his/her family and responsible persons.

8.     To have his/her family or responsible persons be regularly informed by the facility of activities related to his care or services including ongoing evaluations, as appropriate to the resident’s needs.

9.     To have communications to the facility from his/her family and responsible persons answered promptly and appropriately.

10.    To be informed of the facility’s policy concerning family visits and other communications with residents.

11. 
   To have his/her visitors, including the Ombudsman and advocacy representatives, visit privately during reasonable hours and without prior notice, providing that the rights of other residents are not infringed upon.

12.    To wear his/her own clothes; to keep and use his/her own personal possessions, including his/her toilet articles; and to keep and be allowed to spend his/her own money.

13.    To have access to individual storage space for private use.

14.
    To have reasonable access to telephones, to both make and receive confidential calls. The Licensee may require reimbursement for long-distance calls.

15.    To mail and receive unopened correspondence in a prompt manner.

16.    To receive or reject medical care, or other services.

17.
    To receive assistance in exercising the right to vote.

18.
    To move from the facility.

Source:  Title 22 CAC Section 87572

The Ombudsman Poster with telephone number must also be displayed

Ombudsman Program
Senior Advocacy Services
3262 Airway Drive, Suite C
Santa Rosa, CA 95403
Ph (707) 526-4108 – FAX (707) 526-5118