Resident's Rights

Residents of assisted living facilities are entitled to a comprehensive array of rights designed to promote dignity, independence, and overall well-being. These rights include protection from discrimination, abuse, and neglect, as well as the right to privacy, personal choice, and access to information about their care and services. Residents can refuse services, manage their financial affairs, and welcome visitors of their choice. Furthermore, they have the right to live in a safe and clean environment, maintain personal possessions, and enjoy a nourishing diet that meets their specific dietary needs. The law mandates that these rights be clearly communicated to residents, ensuring they understand their entitlements. This section is specifically designed to inform assisted living residents of their rights, empowering them to advocate for themselves and ensuring they receive the care and respect they deserve.

The Assisted Living Residence Licensing Act outlines essential rights for residents of assisted living facilities. These rights ensure that residents are treated with dignity, receive appropriate care, and can live safely and independently. Below is a structured overview of these rights, organized into key categories.

Source: Chapter 17.4, Assisted Living Residence Licensing Act, R.I. Gen. Laws § 23-17.4-16

Residents' Rights in Assisted Living Facilities

1. Basic Rights

Residents of assisted living facilities are entitled to fundamental rights as recognized by state and federal law, which include:

Non-Discrimination: Residents have the right to receive services without discrimination based on sex, race, color, religion, national origin, or payment source.
Freedom from Abuse: Residents must be protected from verbal, sexual, physical, emotional, and mental abuse, as well as corporal punishment and involuntary seclusion.
Restraint Protection: Physical or chemical restraints may only be used on a physician’s order and must not be applied for discipline or convenience.
Confidentiality of Medical Records: Residents have the right to have their medical information kept private according to state laws.
Service Animal Rights: Residents can have service animals, in line with the Fair Housing Act.

2. Individual Dignity and Autonomy

Residents have specific rights that promote their dignity and autonomy:

Personal Treatment: Residents are to be treated as individuals with dignity, having the right to make choices and maintain privacy.
Access to Records: Residents can request access to their personal records, including clinical records, within one business day.
Self-Arranged Services: Residents can arrange for services not provided by the facility at their own expense, as long as they comply with the residency agreement.
Informed Consent: Upon admission, residents must be fully informed of their rights and the rules governing their stay, receiving a copy of these rights and acknowledging receipt.

3. Living Environment and Privacy

Residents are entitled to rights concerning their living environment and personal privacy:

Room Security: Residents can remain in their assigned rooms unless a change is requested or stipulated in their contract.
Personal Furnishings: Residents may furnish their rooms and maintain personal possessions within safety regulations.
Privacy Rights: Residents have the right to privacy in their medical treatment, communications, and accommodations.
Visitation Rights: Residents can receive visitors of their choice within reasonable hours and security procedures.

4. Financial Rights

Residents have important rights regarding their financial affairs:

Financial Management: Residents can manage their own finances and are not required to deposit personal funds with the facility.
Accounting Transparency: If the facility manages resident funds, it must provide a full accounting of personal funds and maintain them separately from the facility’s funds.
Refund Rights: If a resident chooses to leave, they must receive a refund of any advanced payment, provided they are current on payments.

5. Health and Safety Rights

The Act outlines various health and safety rights for residents:

Healthcare Access: Residents can choose their own physicians and must have access to their medical records.
Notification of Changes: The facility must notify a resident’s responsible person and physician of significant changes in health status or accidents requiring medical intervention.
Safe Living Environment: Residents are entitled to live in a safe and clean environment and receive a nutritious diet that meets their dietary needs.

6. Grievance and Advocacy Rights

Residents have rights related to advocacy and grievance procedures:

Grievance Mechanism: Residents can voice grievances without fear of retaliation and have access to the facility's grievance procedures.
Advocacy Information: Facilities must prominently display information about advocacy groups and the state ombudsperson.
Right to Assistance: Residents are encouraged to participate in community activities and can receive assistance in moving out safely, if needed.

7. Additional Rights

The Act further stipulates additional rights, including:

Participation in Hospice Care: Residents can request information about hospice care, including benefits and enrollment procedures.
Family and Spousal Rights: Residents may share a room with a spouse or other consenting resident.
Encouragement of Rights Exercise: Facilities must implement policies ensuring all staff are aware of and protect residents' rights.

The Assisted Living Residence Licensing Act provides a comprehensive framework of rights that empower residents in assisted living facilities. Understanding and advocating for these rights is crucial to ensuring that residents live with dignity and respect in their chosen environments.