Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3668 (June 25, 2022).

55 Pa. Code § 2600.42. Specific rights.

§ 2600.42. Specific rights.

 (a)  A resident may not be discriminated against because of race, color, religious creed, disability, handicap, ancestry, sexual orientation, national origin, age or sex.

 (b)  A resident may not be neglected, intimidated, physically or verbally abused, mistreated, subjected to corporal punishment or disciplined in any way.

 (c)  A resident shall be treated with dignity and respect.

 (d)  A resident shall be informed of the rules of the home and given 30 days’ written notice prior to the effective date of a new home rule.

 (e)  A resident shall have access to a telephone in the home to make calls in privacy. Nontoll calls shall be without charge to the resident.

 (f)  A resident has the right to receive and send mail.

   (1)  Outgoing mail may not be opened or read by staff persons unless the resident requests.

   (2)  Incoming mail may not be opened or read by staff persons unless upon the request of the resident or the resident’s designated person.

 (g)  A resident has the right to communicate privately with and access the local ombudsman.

 (h)  A resident has the right to practice the religion or faith of the resident’s choice, or not to practice any religion or faith.

 (i)  A resident shall receive assistance in accessing health services.

 (j)  A resident shall receive assistance in obtaining and keeping clean, seasonal clothing. A resident’s clothing may not be shared with other residents.

 (k)  A resident and the resident’s designated person, and other individuals upon the resident’s written approval shall have the right to access, review and request corrections to the resident’s record.

 (l)  A resident has the right to furnish his room and purchase, receive, use and retain personal clothing and possessions.

 (m)  A resident has the right to leave and return to the home at times consistent with the home rules and the resident’s support plan.

 (n)  A resident has the right to relocate and to request and receive assistance, from the home, in relocating to another facility. The assistance shall include helping the resident get information about living arrangements, making telephone calls and transferring records.

 (o)  A resident has the right to freely associate, organize and communicate with others privately.

 (p)  A resident shall be free from restraints.

 (q)  A resident shall be compensated in accordance with State and Federal labor laws for labor performed on behalf of the home. Residents may voluntarilyand without coercion perform tasks related directly to the resident’s personal space or common areas of the home.

 (r)  A resident has the right to receive visitors for a minimum of 12 hours daily, 7 days per week.

 (s)  A resident has the right to privacy of self and possessions. Privacy shall be provided to the resident during bathing, dressing, changing and medical procedures.

 (t)  A resident has the right to file complaints with any individual or agency and recommend changes in policies, home rules and services of the home without intimidation, retaliation or threat of discharge.

 (u)  A resident has the right to remain in the home, as long as it is operating with a license, except as specified in §  2600.228 (relating to notification of termination).

 (v)  A resident has the right to receive services contracted for in the resident-home contract.

 (w)  A resident has the right to use both the home’s procedures and external procedures, if any, to appeal involuntary discharge.

 (x)  A resident has the right to a system to safeguard a resident’s money and property.

 (y)  A resident has the right to choose his own health care providers without limitation by the home. This includes the right to select the resident’s own pharmacist provided that the pharmacy agrees to supply medications in a way that is compatible with the home’s system for handling and assisting with the self-administration of resident medications.

Cross References

   This section cited in 55 Pa. Code §  2600.16 (relating to reportable incidents and conditions).

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