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Resident Rights and Protections
in Certified Adult Care...
The Social Services Law gives you certain rights
as a resident in an adult care facility
- to receive courteous, fair and respectful care
and treatment at all times, and not be physically,
mentally or emotionally abused or neglected in any
manner. to exercise your civil rights and religious
liberties and to make personal decisions, including
your choice of physician, and to have the assistance
and encouragement of the operator in exercising
these rights and liberties. to have private, written
and verbal communications or visits with anyone
of your choice, or to deny or end such communications
or visits.
- to receive and send mail or any other correspondence
unopened and without interception or interference
- to present gr ievances or recommendations on your
own behalf, or on the behalf of other residents,
to the administrator or facility staff, the State
Department of Health, other government officials
or any other parties without fear of reprisal or
punishment.
- to join with other residents or individuals inside
or outside the facility to work for improvements
in resident care. to confidential treatment of personal,
social, financial and health records.
- to have privacy in treatment and in caring for
personal needs. to receive a written statement (admission
agreement) of the services regularly provided by
the operator, those additional services which will
be provided if needed or requested and the charges
(if any) of these additional services.
- to manage your own financial affairs.
- to not be coerced or required to perform work;
and if you choose work, to receive fair compensation
from the operator of the facility.
- to have security for any personal possessions
if stored by the operator.
- to have recorded on the program's accident or
incident report your version of the events leading
to the accident or incident.
- to object if the operator terminates your admission
agreement against your will.
In addition, law and regulations provide other protections.
These important protections include requirements that
the operator, administrator, staff or other agents
of the operator:
- provide to you, before or at the time of the admission
interview, a copy of the admission agreement, a
copy and explanation of resident rights and protections,
the listing of legal services and advocacy agencies
made available by the Department, and a copy of
any facility rules relating to resident activities,
and tell you of your obligation to comply with these
rules.
- provide to you at least 30 days advanced notice
of any change in the facility's rate or charges
for supplemental services.
- provide to you, you next of kin or representative
of your choice at least 30 days advanced notice
of the facility's intention to terminate your admission
agreement. The notice must indicate the reason for
termination; the date of termination; that you have
a right to object to the termination of the admission
agreement and discharge; that if you object, you
may remain in the facility and the operator, in
order to terminate, must begin a court proceeding;
that you will not be discharged against your will
unless the court rules in favor of the operator.
At the time of notice, the operator must give you
a list of agencies providing free legal and advocacy
services within the local area of the facility.
- allow you to end your admission agreement, subject
to the conditions for notice established in your
Admission Agreement.
- guarantee that you keep from Supplemental Security
Income (SSI) or Safety Net Assistance (SN) payments
you receive, a personal needs allowance to buy any
items the operator is not required to provide to
you.
- offer each SSI or SN recipient the opportunity
to keep personal allowance funds in an account maintained
by the facility.
- maintain complete records on your personal allowance
account and upon request or at least quarterly,
show or give you a statement that has all deposits,
withdrawals, and the current balance in the account.
- allow you to review upon request Department-issued
inspection reports, excluding any confidential attachments,
for the most recent two-year period.
- encourage and assist residents in organizing and
maintaining committees, councils or such other self
governing body as the residents may choose.
- maintain a system for accepting and responding
to grievances and recommendations for changes or
improvements in facility operations.
- allow you privacy in your room, subject to reasonable
access by facility staff
- allow you privacy in caring for your personal
needs.
- neither physically restrain you nor lock you in
a room at any time.
- allow you to leave and return to the facility
and grounds at reasonable hours.
- neither require from you nor accept from you any
gratuity (i.e. tip or gift) in any form for services
provided or arranged for in accordance with law
or regulations.
IF YOU FEEL THAT ANY OF THESE RIGHTS AND PROTECTIONS
ARE BEING VIOLATED you may file a complaint with the
NYSDOH Office of Continuing Care
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