Residents of long-term care are often deprived of basic rights and access to resources. Our Abuse Specialist, Bill Rodenspiel reviews the regulations that guarantee the protections of these rights.
Residential Care Facilities for Elders (RCFE), Adult Residential Facilities (ARF), Adult Day Programs, Skilled Nursing Facilities (SNF), Intermediate Care Facilities (ICF), Adult Residential Facilities for Persons with Special Health Care Needs (ARFPSHN) are all covered by Ombudsman Services of San Mateo County.
The Residents of these Facilities/Homes are all provided via California Code of Regulations, Title 22, with the following Personal Rights that are part of all Adult Community Care Facilities.
Each Resident shall have rights, as listed below:
Right to be treated with dignity, to have privacy and to be given humane care.
- Right to have safe, healthful and comfortable accommodations, including furnishings and equipment to meet your needs.
- Right to be free from corporal punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature. To be free of restraint devices or excessive medication.
- Right to be informed by licensee of provisions in the law regarding complaints, including the address and telephone number of the licensing agency, and of information regarding confidentially.
- Right to attend religious services and activities. Participation in religious services and other religious functions shall be on a voluntary basis.
- Right to leave or depart facility at any time, and to not be locked into any room or building, day or night. (This does not prohibit the development of house rules, such as locking exterior doors or windows, for the protection of the Consumer.)
- Right to visit a facility with a relative or authorized representative prior to admission.
- Right to have communications between the facility and your relatives or authorized representative answered promptly and completely, including any changes to the needs and service plan or individual program plan.
- Right to be informed of the facility’s policy concerning family visits. This policy shall encourage regular family involvement and provide ample opportunities for family participation in activities at the facility.
- Right to visitors, including advocacy representative, visit privately during waking hours provided the visits do not infringe upon the rights of other Clients.
- Right to possess and control your own cash. (If Client is not a Dependent Adult or under a conservatorship.)
- Right to wear your own clothes, to possess and use your own personal items, including your own toilet articles.
- Right to have access to individual storage space for your private use.
- Right to have access to telephones, to make and receive confidential calls, provided such calls do not infringe on the rights of other clients and do not restrict availability of telephone in emergencies.
- Right to promptly receive your unopened mail.
- Right to receive assistance in exercising your right to vote (if qualified.)
- Right to receive or reject medical care or health-related services, except for those whom legal authority has been established.
- Right to move from facility in accordance with the terms of the admission agreement.
Violations of above listed Clients rights when reported to Ombudsman Services, will initiate an investigation, with possible referral to Community Care Licensing ( CCL ) or California Department of Public Health, if complaint is verified. Most matters of this sort are successfully resolved by Ombudsman Services and cooperation of both Licensee and Resident.