Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

55 Pa. Code § 2800.42. Specific rights.

§ 2800.42. Specific rights.

 (a)  A resident may not be discriminated against because of race, color, religious creed, disability, 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. A resident must be free from mental, physical, and sexual abuse and exploitation, neglect, financial exploitation and involuntary seclusion.

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

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

 (e)  A resident shall have access to a telephone in the residence to make calls in privacy. Nontoll calls must 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 care services, including supplemental health care 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 living unit and purchase, receive, use and retain personal clothing and possessions.

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

 (n)  A resident has the right to relocate and to request and receive assistance, from the residence, in relocating to another facility. The assistance must 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 privately with his friends, family, physician, attorney and other persons.

 (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 residence. Residents may voluntarily and without coercion perform tasks related directly to the resident’s personal space or common areas of the residence.

 (r)  A resident has the right to receive visitors at any time provided that the visits do not adversely affect other residents. A residence may adopt reasonable policies and procedures related to visits and access. If the residence adopts those policies and procedures, they will be binding on the residence.

 (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, grievances or appeals with any individual or agency and recommend changes in policies, residence rules and services of the residence without intimidation, retaliation or threat of discharge.

 (u)  A resident has the right to remain in the residence, as long as it is operating with a license, except as specified in §  2800.228 (relating to transfer and discharge).

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

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

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

 (y)  To the extent prominently displayed in the written resident-residence contract, a residence may require residents to use providers of supplemental health care services as provided in §  2800.142 (relating to assistance with medical care and supplemental health care services). When the residence does not designate, the resident may choose the supplemental health care service provider. The actions and procedures utilized by a supplemental health care service provider chosen by a resident must be consistent with the residence’s systems for caring for residents. This includes the handling and assisting with the administration of resident’s medications, and may not conflict with Federal laws governing residents.

 (z)  The resident has the right to choose his primary care physician.

Cross References

   This section cited in 55 Pa. Code §  2800.16 (relating to reportable incidents and conditions); and 55 Pa. Code Appendix A (relating to assisted living resident rights: during residency and during discharge or termination of residency).

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