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North
Carolina's Bill
of Rights for Adult
Care Home Residents
(Condensed Version)
EVERY
RESIDENT SHALL HAVE THE FOLLOWING RIGHTS:
- To
be treated with respect, consideration, dignity and full
recognition of his or her individuality and right to privacy.
- To
receive care and services which are adequate, appropriate,
and in compliance with relevant federal and State laws and
rules and regulations.
- To
receive upon admission and during his or her stay a written
statement of the services provided by the facility and the
charges for these services.
- To
be free of mental and physical abuse, neglect, and exploitation.
- Except
in emergencies, to be free from chemical and physical restraint
unless authorized for a specified period of time by a physician
according to clear and indicated medical need.
- To
have his or her personal and medical records kept confidential
and not disclosed without the written consent of the individual
or guardian, which consent shall specify to whom disclosure
may be made except as required by applicable state or federal
statute or regulation or by third party contract.
- To
receive a reasonable response to his or her requests from
the facility administrator and staff.
- To
associate and communicate privately and without restriction
with people and groups of his or her own choice on his or
her own or their initiative at any reasonable hour.
- To
have access at any reasonable hour to a telephone where
he or she may speak privately.
- To
send and receive mail promptly and unopened, unless the
resident requests that someone open and read mail, and to
have access at his or her expense to writing instruments,
stationery, and postage.
- To
be encouraged to exercise his or her rights as a resident
and citizen, and to be permitted to make complaints and
suggestions without fear of coercion or retaliation.
- To
have and use his or her own possessions where reasonable
and have an accessible, lockable space provided for security
of personal valuables. This space shall be accessible only
to the residents and the administrator, or supervisor-in-charge.
- To
manage his or her personal needs funds unless such authority
has been delegated to another. If authority to manage personal
needs funds has been delegated to the facility, the resident
has the right to examine the account at any time.
- To
be notified when the facility is issued a provisional license
by the North Carolina Department of Health and Human Resources
and the basis on which the provisional license was issued.
The resident's responsible family member or guardian shall
also be notified.
- To
have freedom to participate by choice in accessible community
activities and in social, political, medical, and religious
resources and to have freedom to refuse such participation.
- To
receive upon admission to the facility a copy of this section.
- To
not be transferred or discharged from a facility except
for medical reasons, their own or other residents' welfare,
or nonpayment. Except in cases of immediate jeopardy to
health or safety, residents shall be given at least 30 days
advance notice of the transfer or discharge and their right
to appeal.
North
Carolina's Bill of Rights for Nursing Home Residents
(Condensed
Version)
- To
be treated with consideration, respect, and full recognition
of personal dignity and individuality.
- To
receive care, treatment, and services that are adequate
and appropriate, and in compliance with relevant federal
and State rules.
- To
receive at the time of admission and during stay, a written
statement of services provided by the facility and of related
charges. Charges for services not covered under Medicare
and Medicaid shall be specified.
- To
have on file physician's orders with proposed schedule of
medical treatment. Written, signed evidence of prior informed
consent to participation in experimental research shall
be in patient's file.
- To
receive respect and privacy in his medical care program.
All personal and medical records are confidential.
- To
be free of mental and physical abuse. To be free of chemical
and physical restraint unless authorized for a specified
period of time by a physician according to clear and indicated
medical records.
- To
receive from the administrator or staff of the facility
a reasonable response to all requests.
- To
receive visitors or have access to privacy in phone use
at any reasonable hour. To send and receive mail promptly
and unopened, with access to writing materials.
- To
manage his/her financial affairs unless other legal arrangements
have been so ordered.
- To
have privacy in visits by the patient's spouse.
- To
enjoy privacy in his/her room.
- To
present grievances and recommend changes in policies and
services without fear of reprisal, restraint, interference,
coercion or discrimination.
- To
not be required to perform services for the facility without
resident's consent and written approval of the attending
physician.
- To
retain, to secure storage for, and to use his personal clothing
and possessions, where reasonable.
- To
not be transferred or discharged from a facility except
for medical, financial, or their own or other patient's
welfare. Any such transfer shall require at least thirty(30)
days' notice, unless the attending physician orders immediate
transfer, which shall be documented in the patient's medical
record.
- To
be notified when the facility's license is revoked or made
provisional. The responsible party or guardian must be notified,
also.
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