Resident Rights Flashcards
What is the Basic Premise to resident Rights?
What basic LAW that governs Residents rights and Advanced Directives ?
Both 483.10 / 19.401 The Resident has the RIGHT to: 1-DIGNIFIED EXISTANCE, 2-Self-Determination, 3-Communication and Access to persons and Services OUTSIDE and INSIDE the FACILITY
** Law is: Patient Self-Determination ACT **
Who must be given a copy of the Statement of RESIDENT RIGHTS?
Texas Only/ 19.401-c-
1-Resident (On or before padmission)
2-Next of KIN or Guardian
3-Facility Staff Member (10 working days)
Where must a Signed Copy of Residents Rights be kept?o
Texas Only / 19.401-c
1-In the Facility Records
How must Resident and Next of Kin be informed about RESIDENT RIGHTS? How must they be informed about FACILITY RULES and POLICIES?
Both 483.10 / 19.403
Both Orally, and in writing in a language that they understand. *** (Next of Kin and Guardian are TEXAS ONLY)
When must Notification of Resident Rights and Facility Policies be given?
Both 483.10 / 19.403
1-On Admission OR
2-Before Admission
In Addition to RESIDENT RIGHTS, what other ITEMS must the Facility inform the RESIDENT IN (Writing and Oral)?
Texas Only / 19.403-b
1-Admission Policy
2-Protection of Personal Funds
3-Human Resource Code
4-Availible Services through DADS - Long Term Ombudsman
5-Drug Testing and Abuse and Criminal History of the Employees
6-Restraint Policies
7-Right to Form A FAMILY COUNCIL or Time and Place and Contact info of Family Council if it already exists.
8-Legal Rights - written only
What happens if a resident refuses TREATMENT?
Texas Only / 19.403
1-Resident has the right to refuse treatment—BUT -
Must be Informed of the possible consequences of refusing treatment
What happens is a resident wants to know how the drugs he is taking are affecting him.
Both 483.10 / 19.403
-Resident has the right to know his health status including medical conditions
If there is EXPERIMENTAL research being done what are the rights of the resident?
Both F155/19.403
1-has the right to REFUSE
2-IF Accepts has the RIGHT to KNOW the side affects
-Texas Only-19.403-
3-Can only be done with WRITTEN CONCENT of RESIDENT and RESIDENT PHYSICAN.
When must the Facility inform each resident when there is a CHANGE of SERVICES, and or CHARGES for those services.
Both 483.10 / 19.403
1-Time of Admission-
2-Through out the stay at the FACILITY
How MUST Changes for Services (including costs) be communicated to the RESIDENT? How Soon must this Communication happen?
Texas Only / 19.403
1-Notice must be in writing,
2-Notice must be 30 Days BEFORE the change happens
Is it a right of the resident to know the Name, and contact information of the Doctor that is taking care of him?
Both 483.10 / 19.403
1-Yes, including type of specialist
When there is a Significant Change who must be informed? and when must they be informed?
Both 483.10 / 19.403 1- Consult with Attending Physician 2-Resident 3-Interested Family *** Must be informed Immediately This includes An Accident that results in injury OR a Need to ALTER Treatment OR A transfer or Discharge
Who must be informed when there is a ROOM CHANGE or ROOMMATE CHANGE? and when must they be notified?
Both 483.10 / 19.403
1-Resident
2-Family Member
** must be informed Promptly (5 days in written letter)
How often must the facility update the address and the phone number of the residents family.
Both 483.10 / 19.403
1-Periodically
When must the facility inform the resident when they are eligible for MEDICAID ?
Both 483.10 / 19.403
1-Addmission OR
2-When they become eligible
Can a facility CHARGE for handling a Residents personnel funds?
Texas Only 19.404 - Medicaid -
YEs, but that amount is included in the basic rate of facility, It can not be a SEPERATE Charge.
If the Facility takes FUNDS from the resident to hold and to SAFE GUARD can the facility have those funds in the same account as the FACILITY FUNDS?
Texas Only - 19.405
No, Must be Separate and account MUST be IDENTIFIED as “Trustee, (Facility Name), Resident’s Trust Fund Account”
Accounts of the Facility and the Resident can not be in the same account, Can the Account of Two residents be in the same Account?
Texas Only - 19.405
Yes, Medicaid and Private Pay as long as:
Information is sent to: DHS, Texas Attorney General, Medicaid Fraud Control Unit, US Health and Human Services
1-Copies of Release Forms signed and Dated
2-Legible Copies of trust Fund Records
When must the Facility put monies in an Interest Bearing Account?
Both 483.10 / 19.405 /Ftag
Medicaid:
When resident has funds of more that $50
Medicare $100
What type of accosts are ok for fund that are less than $50
Both 483.10 / 19.405
1-Interst Bearing Account
2-Non-Interst Bearing Account
3-Pettey Cash Fund
When must the Resident receive a Statement of funds?
Both 483.10-c-4 / 19.405-k & I
1-On Request AND
2-Quarterly Statements
Where must the resident sign for MONEY kept by the facility?
Texas Only 19.405-d-5
1-Trust Fund Ledger OR
2-Deposit/Withdraw document
What happens if a resident can not “sign out his money”
Texas Only 19.405-d-5
1-Must have one Witness to sign out Money for him, AND that person can not be the person in charge of the Trust Fund.
