§ 131D-21. Declaration of residents' rights.
§131D‑21. Declaration of residents' rights.
Each facility shall treat itsresidents in accordance with the provisions of this Article. Every residentshall have the following rights:
(1) To be treated withrespect, consideration, dignity, and full recognition of his or herindividuality and right to privacy.
(2) To receive care andservices which are adequate, appropriate, and in compliance with relevantfederal and State laws and rules and regulations.
(3) To receive uponadmission and during his or her stay a written statement of the servicesprovided by the facility and the charges for these services.
(4) To be free of mentaland physical abuse, neglect, and exploitation.
(5) Except inemergencies, to be free from chemical and physical restraint unless authorizedfor a specified period of time by a physician according to clear and indicatedmedical need.
(6) To have his or herpersonal and medical records kept confidential and not disclosed without thewritten consent of the individual or guardian, which consent shall specify towhom the disclosure may be made, except as required by applicable State orfederal statute or regulation or by third party contract. It is not the intentof this section to prohibit access to medical records by the treating physicianexcept when the individual objects in writing. Records may also be disclosedwithout the written consent of the individual to agencies, institutions orindividuals which are providing emergency medical services to the individual.Disclosure of information shall be limited to that which is necessary to meetthe emergency.
(7) To receive areasonable response to his or her requests from the facility administrator andstaff.
(8) To associate andcommunicate privately and without restriction with people and groups of his orher own choice on his or her own or their initiative at any reasonable hour.
(9) To have access atany reasonable hour to a telephone where he or she may speak privately.
(10) To send and receivemail promptly and unopened, unless the resident requests that someone open andread mail, and to have access at his or her expense to writing instruments,stationery, and postage.
(11) To be encouraged toexercise his or her rights as a resident and citizen, and to be permitted tomake complaints and suggestions without fear of coercion or retaliation.
(12) To have and use hisor her own possessions where reasonable and have an accessible, lockable spaceprovided for security of personal valuables. This space shall be accessibleonly to the resident, the administrator, or supervisor‑in‑charge.
(13) To manage his or herpersonal needs funds unless such authority has been delegated to another. Ifauthority to manage personal needs funds has been delegated to the facility,the resident has the right to examine the account at any time.
(14) To be notified whenthe facility is issued a provisional license or notice of revocation of licenseby the North Carolina Department of Health and Human Services and the basis onwhich the provisional license or notice of revocation of license was issued.The resident's responsible family member or guardian shall also be notified.
(15) To have freedom toparticipate by choice in accessible community activities and in social,political, medical, and religious resources and to have freedom to refuse suchparticipation.
(16) To receive uponadmission to the facility a copy of this section.
(17) To not be transferredor discharged from a facility except for medical reasons, the residents' own orother residents' welfare, nonpayment for the stay, or when the transfer ismandated under State or federal law. The resident shall be given at least 30days' advance notice to ensure orderly transfer or discharge, except in thecase of jeopardy to the health or safety of the resident or others in the home.The resident has the right to appeal a facility's attempt to transfer ordischarge the resident pursuant to rules adopted by the Medical CareCommission, and the resident shall be allowed to remain in the facility untilresolution of the appeal unless otherwise provided by law. The Medical CareCommission shall adopt rules pertaining to the transfer and discharge ofresidents that offer at least the same protections to residents as State andfederal rules and regulations governing the transfer or discharge of residentsfrom nursing homes. (1981, c. 923, s. 1; 1983, c. 824, s. 13; 1983 (Reg.Sess., 1984), c. 1076; 1997‑443, s. 11A.118(a); 1999‑334, s. 1.6;2000‑111, s. 3.)