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.
When a facility buys anything for a resident on there behalf, when is a RECIPT required?
Texas Only 19.405-d-5
Always – unless it is an item that is less than 1 Dollar.
When a resident is receiving MEDICAID at what point must he be made aware that he is reaching his limit before they loose there benefits?
Both 483.10 / 19.405
1-At 200 less than the SSI resource ($2000)
When a person dies, and that resident had money in with the Facility trust, how much time is give to convey the account, and give a final accounting?
Both 483.10 / 19.405
F160 - 30 days after death.
Texas- facility is to make a bona fide effort to locate heir of Residents Family.
What type of garuntee of for finance security is the facility required to do for RESIDNET TRUST FINDS?
Both 483.10 / 19.405
Facility must purchase a Surety Bond., or some other type of assurance approved by Sec of human Services
How long must the Surety Bond cover for?
Both 483.10 / 19.405
Bond must be equal to the AVERAGE Monthly Balance of all the facilities residents for 12 months.
When can the bank charge for Services Charges?
Texas Only - 19.405-m
If the resident requests this type of account, otherwise the default is that the FACILITY will pay for all bank statements and fees.
When is a request is made to take money out of an account by a resident , when must this be done?
Fed:
Request for less than $50 (Medicaid) ,$100 (Medicare) should be honored same day, if requests for more than that should be honored within 3 BANK days.
Texas Only 19.405-n
1-If Funds are in the facility then: Right away, if OFF HOURS then the NEXT business Morning if not a holiday
2-If out of the facility within 5 days.
What happens to the FUNDS if there is a change of OWNERSHIP?
Texas Only - 19.405-p-
1-Old Owner must transfer Bank Balance to the NEW owner with a list of RESIDNTS and BALANCES
2-OLD OWNER must get a receipt of transfer.
When does the residents RIGHT to refuse release of medical records not apply?
1-Transfer - Both 483.10 / 19.407
2-Release is required by LAW - Both 483.10 / 19.405
3-Durring Surveys- Texas Only
What types of RIGHT to privacy is given to the residents?
Texas Only - 19.407
1-Must have a pull sheet that goes around the bed
2-Private Space when receiving treatment, examinations, consultations
3- Area for personal Care
4-Family Meetings and groups
How soon must a facility attempt to resolve grievances?
Both - 483.10 / 19.408
1-Promptly
When must a facility investigate a grievance, or complaint?
Both F-166/19.408
1-Grievances will be delt with promptly and
2-All will be investigated weather ORAL, or WRITTEN
Is it the right of the resident to be able to see the LAST survey?
Both - 483.10 / 19.409
YEs, in fact results must be in a place where the residents can get to them
If a resident is private pay , and later becomes Medicaid, if there is a refund due, how long does the facility have to pay back the money owed to the resident?
Texas Only - 19.4010
1-30 days refund must be available Once:
the facility become aware of the amount DUE
If a Resident is employed by the facility , what must his rate be?
Both - 483.10 / 19.411
It must be at the prevailing RATE
If the resident has a need for work where must it be documented?
Both- 483.10 / 19.411
If resident has need for work (voluntary or paid) must be documented in the care plan
In the CARE PLAN
When and how must a resident recive his mail?
Both- 483.10 / 19.412
1-Must be Received Promptly (24 hours) and
2-Un-Opened
Apdx PP - *promptly means 24 hours.
If a resident wants to send a letter, who’s responsibility is it to PAY for stationary, postage, and writing?
Both- 483.10 / 19.412
1- It is the responsibility of the RESIDENT to pay for these things.
If a resident wants a private phone for private use, who is to pay for that service?
Texas Only
1-The resident
**The facility Must have a PUBLIC phone that is non Pay-Phone , and MUST allow for a private space, - Both - 483.10 / 19.414
2-But if resident wants a private phone , it is not the responsibility of the Facility. – Texas Only - 19.414
When is it not OK for a RESIDENTS personal property to be in the room?
Both - 483.10 / 19.416
it infringes on the rights, health and safety of others.
If a resident Dies and the personal property is sold to the FACILITY, what must happen?
Texas Only - 19.416-
1-The Transaction must be documented
What happens to the personal property of a resident when they die when they have no family?
-Texas Only - 19.416 -
1-The items must be disposed of.
How soon after being admitted, must the facility talk and review -end of life care- advanced directives
-Texas Only - 19.419-b-2-b
14 Days AND
Once a year when there has been a SIG CHANGE
If the resident is COMATOSE and can not inable an ADVANCED directive , what is the ORDER of people to enact an ANVANCED directive?
Texas Only - 19.419 1-Legal Guardian 2-Person Responsible for healthcare decisions 3-Spouse 4-Adult Child 5-parents 6-Person Admitting the Resident
What is the penalty for not providing the policies for advanced directives.
Texas Only- 19.419-c-
1-$500
Who must Request AEM? and Who must give consent?
Texas Only -19.422
1-The Resident
2-The Residents ROOMMATE
What are the Posting REQUIREMENTS for AEM?
Texas Only -19.422
All facilities must post outside the FACILITY
Every resident room that has AEM must post outside the door.
Who pays for AEM?
Texas Only -19.422
The Resident or Residents family pay for all the costs , except electricity
The AEM posting outside the facility must be what size?
Texas Only -19.422
8x11 inch
What happens if covert AEM is taking place?
Texas Only -19.422
IF discovered, must then comply to all AEM policies and law, Resident cant be discharged
What is the penalty for AEM failure?
Texas Only -19.422
$500
If a person is CONDUCTING AEM, when are they assumed to have viewed the AEM?
Texas Only -19.422
14 Days after the recording
If the person conducting AEM gives a Tape to a third party, when is the Third party assumed to have viewed the AEM?
Texas Only -19.422
7 days after being givin the recording
If it is discovered that an employee has a drug or alcohol problem , they are given how many changes to enter a rehab program?
Texas Only -19.422
a one time chance
If a employee completes a Rehab Program, and returns to work, how long are they subject to drug testing?
Texas Only -19.422 A year ( 12 months), at the expense of the employee.
When must a facility require advanced directives ?
The resident must be informed of rights
facility must have written policies
Requirements for Advanced Directives?
Participation in Medicare/Medicaid Services
1-Facility Must have Policies and Procedures regarding advanced Directives (Resident must be informed)
2-If no Advanced Directives Facility must NOTE that No A.D. exists on the Medical Record.
3-Ensure staff and Community are educated on advanced Directives.
When must facility give access to clinical Records? Have a copy of Records? After Written or Oral Request.
1-24 hours
2-2 Working Days
** F-153- Clinical Records request pertains to all RECORDS: Trust Fund / Ledgers / Contracts
