Section R9-10-810. Resident Rights

A.      A manager shall ensure that, at the time of admission, a resi- dent or the resident’s representative receives a written copy of the requirements in subsection (B) and the resident rights in subsection (C).

B.       A manager shall ensure that:

1.        A resident is treated with dignity, respect, and consider- ation;

2.        A resident is not subjected to:

a.         Abuse;

b.        Neglect;

c.         Exploitation;

d.        Coercion;

e.         Manipulation;

f.         Sexual abuse;

g.        Sexual assault;

h.        Seclusion;

i.         Restraint;

j.         Retaliation for submitting a complaint to the Depart- ment or another entity; or

k.        Misappropriation of personal and private property by the assisted living facility’s manager, caregivers, assistant caregivers, employees, or volunteers; and

3.        A resident or the resident’s representative:

a.         Is informed of the following:

i.         The policy on health care directives, and

ii.        The resident complaint process;

b.        Consents to photographs of the resident before the resident is photographed, except that a resident may be photographed when admitted to an assisted living facility for identification and administrative pur- poses;

c.         Except as otherwise permitted by law, provides writ- ten consent before the release of information in the resident’s:

i.         Medical record, or

ii.        Financial records;

d.        May:

i.         Request or consent to relocation within the assisted living facility; and

ii.        Except when relocation is necessary based on a change in the resident’s condition as docu- mented in the resident’s service plan, refuse relocation within the assisted living facility;

e.         Has access to the resident’s records during normal business hours or at a time agreed upon by the resi- dent or resident’s representative and the manager; and

f.         Is informed of:

i.         The rates and charges for services before the services are initiated;

ii.        A change in rates or charges at least 30 calen- dar days before the change is implemented, unless the change in rates or charges results from a change in services; and

iii.      A change in services at least 30 calendar days before the change is implemented, unless the resident’s service plan changes.

C.      A resident has the following rights:

1.        Not to be discriminated against based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, or diagnosis;

2.        To receive assisted living services that support and respect the resident’s individuality,  choices,  strengths, and abilities;

3.        To receive privacy in:

a.         Care for personal needs;

b.        Correspondence,  communications,  and   visitation; and

c.         Financial and personal affairs;

4.        To maintain, use, and display personal items unless the personal items constitute a hazard;

5.        To choose to participate or refuse to participate in social, recreational, rehabilitative, religious, political, or com- munity activities;

6.        To review, upon written request, the resident’s own medi- cal record;

7.        To receive a referral to another health care institution if the assisted living facility is not authorized or not able to provide physical health services or behavioral health ser- vices needed by the patient;

8.        To choose to access services from a health care provider, health care institution, or pharmacy other than the assisted living facility where the resident is residing and receiving services or a health care provider, health care institution, or pharmacy recommended by the assisted living facility;

9.        To participate or have the resident's representative partic- ipate in the development of, or decisions concerning, the resident’s service plan; and

10.     To receive assistance from a family member, the resi- dent’s representative, or other individual in understand- ing, protecting, or exercising the resident’s rights.

Historical Note

Adopted as an emergency effective October 26, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-4). Emergency expired. Readopted without change as an emergency effective January 27, 1989, pur- suant to A.R.S. § 41-1026, valid for only 90 days (Supp.

89-1). Emergency expired. Readopted without change as an emergency effective April 27, 1989, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 89-2).

Emergency expired. Readopted without change as an emergency effective July 31, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Permanent

rules adopted effective October 30, 1989 (Supp. 89-4). Former Section R9-10-810 renumbered to R9-10-813; new Section R9-10-810 made by final rulemaking at 9

A.A.R. 319, effective March 31, 2003 (Supp. 03-1). Sec- tion repealed; new Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13- 2). Amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1,

2014 (Supp. 14-2).