Resident Rights Category

     

  Criteria in the resident rights category concern quality of life and resident rights in a nursing home. A facility must care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life.

    The following federal regulation revisions and F numbers apply to surveys started on or after November 28, 2017.

  1. The facility treats each resident with respect and dignity and care for each resident in a manner and in an environment that promotes maintenance or enhancement of his or her quality of life, recognizing each resident’s individuality; provide equal access to quality care regardless of diagnosis, severity of condition, or payment source; and ensures that residents can exercise his or her rights without interference, coercion, discrimination, or reprisal from the facility. (42CFR 483.10(a)(1)(2)(b)(1)(2) F550 )
  2. The facility provides each resident with the right to reside and receive services with reasonable accommodation of individual needs and preferences, without endangering the well-being of the individual or other residents. (42CFR 483.10(e)(3) F 558)
  3. The facility promotes and facilitates resident self-determination through support of resident choice, including but not limited to the right to right to make choices about aspects of his or her life in the facility that are significant to the resident such as activities, schedules, health care and providers of health care services, interaction the community and participate in community activities, in and out of the facility. (42CFR 483.10(f)(1)-(3)(8) F561 )
  4. The facility must not require residents to deposit their personal funds with the facility. If a resident chooses to deposit personal funds with the facility, the facility must deposit any residents' personal funds in excess of $100, or $50 for resident funded by Medicaid, in an interest bearing account (or accounts) separate from any of the facility's operating accounts, and that credits all interest earned on resident's funds to that account. For accounts not exceeding these amounts, the facility must maintain the funds in a non-interest bearing account, interest-bearing account, or petty cash fund. (42CFR 483.10(f)(10)(i)(ii) F 567 )
  5. The facility observes resident rights to personal privacy, including personal and medical records, accommodations, medical treatment, all communications, deliveries, personal care, visits, and meetings of family and resident groups and respects residents’ right to refuse the release of personal and medical records when allowed by state and federal law. (42CFR 483.10(h)(1)-(3)(i)(ii) F583)
and/or;
The facility maintains medical records containing required information on each resident that are complete, accurately documented, readily accessible and Systematically organized; ensures all identifiable resident records remain confidential and does not release identifiable resident information unless permitted to do so; safeguards medical record information against loss, destruction, or unauthorized use; and retains the medical records for the specified amount of time. (42CFR 483.20(f)(5), 483.10(j)(1)-(4) F842)
  6. The Facility ensures the residents are free from abuse, neglect, misappropriation of resident property, and exploitation (42CFR 483.12 F 602 )
  7. The facility ensures that residents are free from physical or chemical restraints used for purposes other than to treat the resident's medical symptoms. (42CFR 483.10(e )(1), 483.12(a)(2) F 604 )
  8. The facility provides, an ongoing program to support residents in their choice of activities, both facility-sponsored group and individual activities and independent activities, designed to meet the interests of and support the physical, mental, and psychosocial well-being of each resident, encouraging both independence and interaction in the community. (42CFR 483.24(c)(1) F 679 )

    The following federal regulation revisions and F numbers apply to previous surveys before November 28, 2017.

  1. The facility observes resident rights to manage his or her financial affairs, and does not require residents to deposit their personal funds with the facility. (42CFR 483.10(c)(1) F 158 )
  2. The facility observes; Resident rights to personal privacy including accommodations, medical treatment, communications, personal care, visits and meetings of family and resident groups, Resident rights to refuse the release of personal and clinical records; And keeps all information in resident records confidential regardless of the form or storage method. (42CFR 483.10(e), 483.75(l)(4) F 164 )
  3. The facility ensures that residents are free from physical restraints used for purposes other than to treat the resident's medical symptoms. (42CFR 483.13(a) F 221 )
  4. The facility develops and implements written policies and procedures that prohibit mistreatment, neglect, and abuse of residents and misappropriation of resident property. (42CFR 483.13(c) F 224 )
  5. The facility provides an environment that promotes maintenance or enhancement of each resident's quality of life. (42CFR 483.15 F 240 )
  6. The facility provides an environment that maintains or enhances each resident's dignity and respect in full recognition of his or her individuality. (42CFR 483.15(a) F 241 )
  7. The facility encourages residents to participate in the planning and decisions related to care and treatment, to make choices about aspects of his/her life in the facility that are significant to the resident. (42CFR 483.15(b) F 242 )
  8. The facility provides services to each resident with reasonable accommodation of individual needs and preferences, without endangering the well-being of the individual or other residents. (42CFR 483.15(e) (1) F 246 )
  9. The facility provides an ongoing program of activities designed to meet the interests and physical, mental and psychosocial well-being for each resident. (42CFR 483.15(f) (1) F 248 )
     

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