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12-4 Vt. Code R. 202:6 - Nursing home resident’s rights under the Agency of Human Services regulations

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“Resident’s rights under the Agency of Human Services regulations”

Nursing homes must establish and adhere to a written policy regarding the rights and responsibilities of residents, which is explained to residents at the time of admission. Nursing home residents have the following rights:

  • The right to be treated with consideration, respect and full recognition of the resident's dignity, individuality, and privacy;
  • The right to retain personal clothing and possessions as space permits, unless to do so would infringe on the rights of others or would create a fire or safety hazard;
  • The right to not work for the nursing home and to be compensated for work if the resident chooses to perform specific tasks for the nursing home;
  • The right to be allowed to associate, communicate and meet privately with persons of the resident's own choice;
  • The right to send and receive personal mail unopened;
  • The right to reasonable access to a telephone for private conversations;
  • The right to complain or voice a grievance without interference, coercion or reprisal. Each home must establish a written grievance procedure for resolving residents' concerns or complaints that is explained to residents at the time of admission. The grievance procedure shall include at a minimum, time frames, a process for responding to residents in writing, and a method by which each resident filing a complaint will be made aware of the Office of the Long Term Care Ombudsman and Vermont Protection and Advocacy as an alternative or in addition to the home's grievance mechanism.
  • The right to manage their own personal finances;
  • The resident's right to privacy extends to all records and personal information;
  • The right to review the resident's medical or financial records upon request;
  • The right to be free from mental, verbal or physical abuse, neglect, and exploitation.
  • Residents subject to transfer or discharge from the home must:
    • Be allowed to participate in the decision-making process of the home concerning the selection of an alternative placement
    • Receive adequate notice of a pending transfer; and
    • Be allowed to contest their transfer or discharge by filing a request for a fair hearing before the Human Services Board.
  • The right to refuse care to the extent allowed by law, including the right to discharge himself or herself from the home;
  • The right to formulate advance directives ;
  • ACCS residents have the right to be away from the home for voluntary leaves of more than 24 hours, unless a legally appointed guardian directs the home otherwise.

Current as of June 2015