.36 Resident’s Rights.

A. Resident Bill of Rights.

(1) An assisted living program shall develop a Resident Bill of Rights that, at a minimum, includes the following rights:

(a) Be treated with consideration, respect, and full recognition of the resident’s human dignity and individuality;

(b) Receive treatment, care, and services that are adequate, appropriate, and in compliance with relevant State, local, and federal laws and regulations;

(c) Receive services and supports that optimize autonomy, independence, and personal choice;

(d) Actively participate in planning and developing the resident’s service plan and medical treatment;

(e) Choose a pharmacy provider, if the provider can comply with the assisted living programs’ reasonable policies and procedures for patient safety in medication supply and administration;

(f) Make an informed decision to accept or refuse treatment;

(g) Privacy, including the right to have a staff member knock on the resident’s door before entering unless the staff member knows that the resident is asleep or there is an emergency situation;

(h) Be free from mental, verbal, sexual, and physical abuse, neglect, and financial exploitation;

(i) Be free from involuntary seclusion and physical and chemical restraint used in violation of this chapter;

(j) Confidentiality;

(k) Manage personal financial affairs to the extent permitted by law;

(l) Retain and have access to legal counsel in a private setting;

(m) Attend or not attend religious services as the resident chooses, and receive visits from members of the clergy;

(n) Possess and use personal clothing and other personal effects to a reasonable extent, and to have reasonable security for those effects in accordance with the assisted living program’s security policy;

(o) Determine dress, hairstyle, or other personal effects according to individual preference, unless the personal hygiene of a resident is compromised;

(p) Meet or visit privately with any individual the resident chooses, subject to reasonable restrictions on visiting hours and places:

(i) In accordance with the resident agreement; and

(ii) As posted by the assisted living manager;

(q) Make suggestions or complaints or present grievances on behalf of the resident, or others, to the assisted living manager, government agencies, or other persons without threat or fear of retaliation;

(r) Receive a prompt response, through an established complaint or grievance procedure, to any complaints, suggestions, or grievances the resident may have;

(s) Have access to the procedures for making complaints to:

(i) The Long-Term Care Ombudsman Program of the Department of Aging as set forth in COMAR 32.03.02;

(ii) The Adult Protective Services Program of the local department of human services;

(iii) The OHCQ of the Department; and

(iv) The designated protection and advocacy agency, if applicable;

(t) Have access to writing instruments, stationery, and postage;

(u) Receive and send correspondence without delay, and without the correspondence being opened, censored, controlled, or restricted, except on request of the resident, or written request of the resident representative;

(v) Receive a prompt, reasonable response from an assisted living manager or staff to a personal request of the resident;

(w) Receive notice before the resident’s roommate is changed and, to the extent possible, have input into the choice of roommate;

(x) Have reasonable access to the private use of a common use telephone within the facility;

(y) Retain personal clothing and possessions as space permits with the understanding that the assisted living program may limit the number of personal possessions retained at the facility for the health and safety of other residents;

(z) To participate in decision making regarding transitions in care, including a transfer or discharge from a facility; and

(aa) To receive notice, procedural fairness, and humane treatment when being transferred or discharged from an assisted living facility.

(2) An assisted living program shall:

(a) Provide the Resident Bill of Rights to all residents and resident representatives prior to or upon admission; and

(b) Either:

(i) Post the Resident Bill of Rights in a conspicuous place that is visible to residents, potential residents, and other interested parties; or

(ii) Post a notice stating where in the facility the Resident Bill of Rights is located.

B. Confidential Information.

(1) Any case discussion, disclosure of health information, consultation, examination, or treatment of a resident is:

(a) Confidential;

(b) To be done discreetly; and

(c) Not open to an individual who is not involved directly in the care of the resident, unless the resident or resident representative permits the individual to be present.

(2) Except as necessary for the transfer of a resident from the assisted living program to another facility, or as otherwise required by law, the personal and medical records of a resident are confidential and may not be released without the consent of the resident or resident representative to any individual who is:

(a) Not associated with the assisted living program; or

(b) Associated with the assisted living program, but does not have a demonstrated need for the information.

(3) The assisted living manager shall share resident information with the Department as necessary to administer this chapter.

C. Work Duties.

(1) A resident may not be assigned to do any work for the assisted living program without the resident’s consent and appropriate compensation, unless the resident declines to be compensated.

(2) The resident’s work duties shall be described in the resident’s record.

(3) The resident’s declining to be compensated shall be documented in the resident’s record.

(4) The resident may, at any time, discontinue the work duties without threat or fear of retaliation.

D. Adult Medical Day Care.

(1) Adult day care attendance or attendance at any other structured program shall be voluntary.

(2) Adult medical day care availability and policies shall be disclosed in the assisted living program’s resident agreement.