Section 461-D. Rights of residents in adult care facilities

1. The
  principles enunciated in subdivision three hereof are declared to be the
  public policy of the state and a copy of such statement  of  rights  and
  responsibilities shall be posted conspicuously in a public place in each
  facility covered hereunder.
    2.  The  department shall require that every adult care facility shall
  adopt and make public a statement of the rights and responsibilities  of
  the residents who are receiving care in such facilities, and shall treat
  such residents in accordance with the provisions of such statement.
    3.  Resident  rights  and  responsibilities  shall include, but not be
  limited to the following:
    (a) Every resident's civil  and  religious  liberties,  including  the
  right  to  independent  personal  decisions  and  knowledge or available
  choices, shall not be infringed and the  facility  shall  encourage  and
  assist in the fullest possible exercise of these rights.
    (b) Every resident shall have the right to have private communications
  and  consultations  with  his  or her physician, attorney, and any other
  person.
    (c) Every resident shall have  the  right  to  present  grievances  on
  behalf  of  himself  or  herself  or  others, to the facility's staff or
  administrator, to governmental officials, or to any person without  fear
  of  reprisal,  and to join with other residents or individuals within or
  outside of the facility to work for improvements in resident care.
    (d) Every resident shall have the right  to  manage  his  or  her  own
  financial affairs.
    (e)  Every  resident shall have the right to have privacy in treatment
  and in caring for personal needs.
    (f) Every resident shall have the  right  to  confidentiality  in  the
  treatment  of  personal,  social,  financial  and  medical  records, and
  security in storing personal possessions.
    (g) Every resident shall have the right to  receive  courteous,  fair,
  and  respectful  care  and  treatment  and  a  written  statement of the
  services provided by  the  facility,  including  those  required  to  be
  offered on an as-needed basis.
    (h) Every resident shall have the right to receive or to send personal
  mail or any other correspondence without interception or interference by
  the  operator  of  an  adult  care  facility  or  any  person affiliated
  therewith.
    (i)  Every  resident  shall  have  the  responsibility  to  obey   all
  reasonable  regulations  of  the  facility  and  to respect the personal
  rights and private property of the other residents.
    (j) The facility is required to include on its  accident  or  incident
  report  the  resident's  version of the events leading to an accident or
  incident involving such resident, unless the resident objects.
    (k) Every resident shall have the  right  to  authorize  those  family
  members  and other adults who will be given priority to visit consistent
  with the resident's ability to receive visitors.
    Waiver of  any  provision  contained  within  this  subdivision  by  a
  resident of an adult care facility shall be void.
    4.  Every  resident  of a residence for adults, adult home or enriched
  housing program, shall be entitled to receive compensation for  services
  performed  on  behalf  of such facility or persons affiliated therewith,
  and the operator of such facility shall maintain written records stating
  the duties to be performed, the rate and type of compensation,  and  the
  hours and days during which these services will be performed.
    5.  Each  operator  shall  give  a copy of the statement of rights and
  responsibilities to each resident at or prior to the time  of  admission

  to the facility, or to the appointed personal representative and to each
  member of the facility's staff.
    6.  An  operator  or employee of a residence for adults, adult home or
  enriched housing program or any other entity which is  a  representative
  payee  of  a  resident  of  such facility pursuant to designation by the
  social security administration or  which  otherwise  assumes  management
  responsibility over the funds of a resident shall maintain such funds in
  a fiduciary capacity to the resident. Any interest on money received and
  held for the resident shall be the property of the individual resident.
    7.  Every  operator  of  a  residence for adults, adult home, enriched
  housing program or family type home for adults shall post  a  long  term
  care  ombudsman  poster  in such facility in the main entrance or public
  posting area where notices to residents are commonly displayed,  or,  if
  there  is  no  such main entrance or posting area, in the several public
  areas within the  facility  where  notices  to  residents  are  commonly
  displayed,  and  shall  make  the  long  term  care  ombudsman  brochure
  available to residents upon request.