Know Your Assisted Living Rights

Know Your Assisted Living Rights

RCFE Admissions Rights
  • You have the right not to be discriminated against because of sex, race, color, religion, national origin, marital status, registered domestic partner status, ancestry, actual or perceived sexual orientation, or actual or perceived gender identity. (H&S Code §1569.269(b).)
  • You have the right not to give up or waive any benefits or rights to which the resident is entitled under federal or state law or regulation as a condition of admission. (H&S Code §1569.269(c).)
  • You have the right at the time of admission to be notified of all of your resident’s rights established by California laws and regulations and receive a written copy of the rights. (H&S Code §1569.267(a).)
RCFE Admission Agreements (Contracts)
  • RCFE must list all services under a single fee. (H&S 1569.884(a), 1569.312, CCR 87507(c)(1).)
  • RCFE must list all optional services and their costs. (H&S 1569.884(b), CCR 87507 (c)(3)(B).)
  • RCFE agreement must include a comprehensive description of the method for evaluating residents’ service needs and the fee schedule for the items and services provided. (H&S 1569.269(a)(14).)
  • RCFE must list all conditions for rate increases pursuant to 1569.655 must be included in the agreement. (H&S 1569.884(f), 1569.655, 87507 (c)(4).)
  • RCFE agreement must include an explanation of third party services related to the resident’s service plan and how they may be arranged. (H&S 1569.884(d).)
  • RCFE agreement must include a copy of the residents’ rights. (H&S 1569.885(d).)
  • RCFE agreement must explain the availability of special telecommunications devices for the deaf or hard of hearing or for persons with other disabilities. (H&S 1569.159, CCR 87507 (b).)
  • RCFE agreement must include the facility’s visiting policy. (H&S 1569.884(g), 1569.313, CCR 87468(a)(10), 87507 (c)(9).)
  • RCFE agreement must explain conditions under which the agreement may be terminated must be stated. (H&S 1569.884(i), CCR 87507 (c)(10).)
  • RCFE must provide residents or resident representatives a copy of the signed and dated agreement. (H&S 1569.887(c).)
Security Deposit Rules
  • Facilities are not allowed to charge security or damage deposits. (H&S Code §1569.651.)
  • RCFE must make a refund of previously paid monthly fees when the licensing agency orders a relocation of a resident. (CCR 87507 (c)(5)(A))
  • RCFE cannot charge beyond the date of a resident’s death once all personal property belonging to the deceased resident has been removed from the living unit. (H&S §1569.652(a).)
  • RCFE has 15 days to refund any fees paid in advance covering the time after the resident’s personal property has been removed from the facility.( H&S Code §1569.652(b).)
Special RCFE “Community Fee” Refund Rule
  • Pre–admission fees must be refunded in full (100%) if the resident does not enter the facility, and the facility did not perform an appraisal (assessment) or failed to provide a written disclosure of the pre–admission fee charges and refund conditions. (Health & Safety Code § 1569.651).

    Proportional refunds of pre–admission fees in excess of $500 are required during the first three months:

    • 80% if the person does not enter the facility but a pre–admission appraisal was done
    • 80% if a resident leaves the facility during the first month for any reason
    • 60% if a resident leaves the facility during the second month for any reason
    • 40% if a resident leaves the facility during the third month for any reason
Personal Rights
  • Right to be accorded dignity in his/her personal relationships with staff, residents, and other persons. (22 CCR §87572(1).)
  • Right to be accorded safe, healthful and comfortable accommodations, furnishings and equipment. (22 CCR §87572(2).)
  • Right to be free from corporal or unusual punishment, humiliation, intimidation, mental abuse, or other actions of a punitive nature, such as withholding of monetary allowances or interfering with daily living functions such as eating or sleeping patterns or elimination. (22 CCR §87572(3).)
  • Right to be informed by the licensee of the provisions of law regarding complaints and of procedures to confidentially register complaints, including, but not limited to, the address and telephone number of the complaint receiving unit of the licensing agency. (22 CCR §87572(4).)
  • Right to have the freedom of attending religious services or activities of his/her choice and to have visits from the spiritual advisor of his/her choice. Attendance at religious services, either in or outside the facility, shall be on a completely voluntary basis. (22 CCR §87572(5).)
  • Right to leave or depart the facility at any time and to not be locked into any room, building, or on facility premises by day or night. This does not prohibit the establishment of house rules, such as the locking of doors at night, for the protection of residents; nor does it prohibit, with permission of the licensing agency, the barring of windows against intruders. (22 CCR §87572(6).)
  • Right to visit the facility prior to residence along with his/her family and responsible persons. (22 CCR §87572(7).)
  • Right to have his/her family or responsible persons regularly informed by the facility of activities related to his/her care or services including ongoing evaluations, as appropriate to the resident’s needs. (22 CCR §87572(8).)
  • Right to have communications to the facility from his/her family and responsible persons answered promptly and appropriately. (22 CCR §87572(9).)
  • Right to be informed of the facility’s policy concerning family visits and other communications with residents. This policy shall encourage regular family involvement and provide ample opportunities for family participation in activities at the facility. (22 CCR §87572(10).)
  • Right to have his/her visitors, including ombudspersons and advocacy representatives permitted to visit privately during reasonable hours and without prior notice, provided that the rights of other residents are not infringed upon. (22 CCR §87572(11).)
  • Right to wear his/her own clothes; to keep and use his/her own personal possessions, including his/her toilet articles; and to keep and be allowed to spend his/her own money. (22 CCR §87572(12).)
  • Right to have access to individual storage space for private use. (22 CCR §87572(13).)
  • Right to have reasonable access to telephones, to both make and receive confidential calls. The licensee may require reimbursement for long distance calls. (22 CCR §87572(14).)
  • Right to mail and receive unopened correspondence in a prompt manner. (22 CCR §87572(15).)
  • Right to receive or reject medical care, or other services. (22 CCR §87572(16).)
  • Right to receive assistance in exercising the right to vote. (22 CCR §87572(17).)
  • Right to move from the facility. (22 CCR §87572(18).)
Important Notice & Posting Rights
  • You have the right to be encouraged and assisted in exercising their rights, and to be free from interference, coercion, discrimination, and retaliation. (H&S Code §1569.269(a)(4).)
  • RCFE must provide initial and ongoing training to all staff members to ensure that residents’ rights are fully respected and implemented. (H&S Code §1569.267(d).)
  • The admission agreement must include a copy of residents’ rights. (H&S Code §1569.885(d).)
  • RCFE must prominently post a copy of the residents’ rights in areas accessible to residents and their representatives. (H&S Code §1569.267(b), CCR §87468(c)(2).)
  • RCFE must post copies of resident rights in English, and in any other language in which 5% or more of the residents in the facility can only read that language. (H&S Code §1569.267(c), CCR 87468(d).)
Right to Basic Needs & Daily Life
  • You have the right to care, supervision, and services that meet your individual needs, delivered by staff sufficient in numbers, qualifications, and competency to meet those needs. (H&S Code §1569.269(a)(6).)
  • You have the right to reasonable accommodation of individual needs and preferences in all aspects of life in the facility. (H&S Code §1569.269(a)(16).)
  • You have the right to make choices concerning your daily life in the facility. (H&S Code §1569.269(a)(8).)
  • You have the right to dignity in all relationships. (H&S Code §1569.269(a)(1)), CCR 87468(a)(1).)
  • You have the right to safe, healthful, and comfortable accommodations, furnishings, equipment, and environment. (H&S Code §1569.269(a)(5), CCR 87468(a)(2).)
  • You have the right to be free from corporal or unusual punishment, neglect, financial exploitation, involuntary seclusion, humiliation, intimidation, physical abuse, sexual abuse, verbal abuse, mental abuse or other punitive actions. (H&S Code §1569.269(a)(10), CCR §87468(a)(3).)
  • You have the right to food of the quality and quantity necessary to meet your nutritional needs. (H&S Code §1569.269(a)(7).)
  • You have the right to keep, have access to, and use your own personal items, including money, clothes, and toiletries. (H&S Code §1569.269(a)(30), CCR §87468(a)(12).)
  • You have the right to encouragement to maintain and develop your fullest potential for independent living through participation in activities that are designed for this purpose. (H&S Code §1569.269(a)(26).)
Rooms & Roommates
  • You have the right to reasonable accommodation preferences regarding room and roommate choices. (H&S Code §1569.269(a)(17).)
  • You have the right to share a room with your spouse, domestic partner, or person of resident’s choice when the residents live in the same facility and consent to the arrangement. (H&S Code §1569.269(a)(19).)
  • You have the right to at least 30 days advance written notice of a room change, unless the request is agreed to by you earlier. (H&S Code §1569.269(a)(18).)
Health Care Decisions
  • You have the right to fully participate in planning your care, including choosing the persons you want to help you and attending all meetings regarding your care, and receive necessary information to make informed decisions and choices. (H&S Code §1569.269(a)(9).)
  • You have the right to select your own physicians, pharmacies, privately paid personal assistants, hospice agency, and health care providers. (H&S Code §1569.269(a)(20).)
  • RCFE cannot require the purchase of medications or medical equipment from a particular source. (H&S Code §1569.314.)
  • You have the right to complete advance health care directives, and to receive written information on your right to prepare directives and the RCFE’s policies on complying with your directives. (H&S Code §§1569.156, 1569.269(a)(25).)
  • You have the right to receive or reject medical care or other services. (CCR §87468(a)(16).)
  • RCFE must inform your family or legal representatives regularly of care and service activities and ongoing evaluations. (CCR §87468(a)(8).)
Right to Organize Resident and Family Councils
  • You have the right to organize and participate in a resident council. (H&S Code §§1569.269(a)(27) & 1569.157.)
  • Your family members, friends, and representatives have the right to organize and participate in a family council. (H&S Code §§1569.269(d) & 1569.158.)
Protection of Funds/Property
  • You have the right to protection of your property from theft or loss. (H&S Code §§1569.269(a)(28), 1569.152, 1569.153, 1569.154.)
  • You have the right to manage your own financial affairs. RCFE cannot require you to deposit personal funds with the RCFE; act as your guardian or conservator; serve as your agent under a power of attorney; act as a joint tenant on any of your accounts; or enter into a loan or borrow money from you without giving you or your representative a notarized written agreement outlining the terms of the repayment. (H&S Code §1569.269(a)(29).)
  • RCFE must inform you of the facility’s obligation to safeguard your property. (H&S Code §§1569.152, 1569.153, 1569.154.)
Transfer and Discharge Rights

Can only Evict Resident from RCFE if:

  • Resident fails to pay within 10 days of the due date. (CCR§ 87224(a)(1).)
  • Resident fails to comply with state or local law. (CCR §87224 (a)(2).)
  • Resident fails to comply with reasonable written policies of the facility that are included in the admissions agreement. (CCR 87224 (a)(3), H&S Code §1569.885(a).)
  • Resident is no longer fit to be at RCFE. (CCR §87224 (a)(4))
  • The facility’s use is changed. (CCR §87224 (a)(5).)
Transfer and Discharge Protections
  • Facilities must not involuntarily transfer or evict residents for grounds other than those set forth in state laws and regulations, and must comply with enumerated eviction and relocation protections for residents. (H&S Code §1569.269(a)(22).)
  • RCFE must state eviction policies and procedures in the admission agreement. (H&S Code §1569.886, CCR §87507(c)(8), 87224.)
  • RCFE cannot modify or add to any of the five legal reasons for eviction. (H&S Code §1569.886(b), CCR §87507 (c)(8).)
Eviction Notices
  • RCFE must give 30-day written notice to evict. (CCR §87224(a).)
  • RCFE can provide 3-day notice if resident is exhibiting behavior threatening to him/herself or others, but it must get permission from licensing. (CCR §87224 (b).)
  • RCFE must provide the reasons for eviction to the resident or his/her representative. (CCR §87224 (c)&(d).)
Eviction Notice’s Written Requirements
  • Eviction notice must state effective date of the eviction. (H&S Code §1569.683(a)(1).)
  • Eviction notice must state resources available to assist in identifying alternative housing and care options, including public and private referral services and case management organizations. (H&S Code §1569.683(a)(2).)
  • Eviction Notice must contain information about the resident’s right to file a complaint with the department regarding the eviction, with the name, address, and telephone number of the nearest office of community care licensing and the State Ombudsman. (H&S Code §1569.683(a)(3).)
  • Eviction Notice must contain the following statement: “In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by a judge. If the facility pursues the unlawful detainer action, you must be served with a summons and complaint. You have the right to contest the eviction in writing and through a hearing.” (H&S Code §1569.683(a)(4).)
Appealing Proposed Transfer or Eviction
  • You have the right to file a complaint with licensing about the eviction process or reasons for eviction. (H&S Code §1569.35, CCR 87224 (e).)
  • RCFE must file an unlawful detainer action in superior court and receive a written judgment signed by a judge, in order to evict a resident who remains in the facility after the effective date of the eviction. RCFE must serve you with the summons and complaint of unlawful detainer action. You have the right to contest the eviction in writing and through a hearing. (H&S 1569.683(a)(4).)
  • You can request an independent review by an interdisciplinary team of the licensing agency’s relocation order. (H&S 1569.54(b) and CCR 87638.)
Filing Complaints
  • You have the right to present grievances and recommend changes in policies, procedures, and services, without restraint, coercion, discrimination, reprisal, or other retaliatory action. (H&S Code §1569.269(a)(11).)
  • RCFE must inform you of the right and procedure to file complaints with licensing. (CCR §87468(a)(4))
  • Any person can file a complaint with licensing. (H&S Code §1569.35(a))
  • RCFE must prominently post procedures for filing confidential complaints. (CCR §87468(c)(1).)
  • You have the right to contact licensing, the Ombudsman, or both, regarding grievances against the facility, and the facility must conspicuously post their telephone numbers and addresses in a location easily accessible to you. (H&S Code §1569.269(a)(12).)
  • RCFE must notify you that licensing reports are available for review. (H&S Code §1569.38.)

 
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