North Carolina § 131D-21 - Declaration of residents' rights.

§ 131D-21. Declaration of residents' rights.

Each facility shall treat its residents in accordance with the provisions of this Article. Every resident shall have the following rights: To be treated with respect, consideration, dignity, and full recognition of his or her individuality and right to privacy. To receive care and services which are adequate, appropriate, and in compliance with relevant federal and State laws and rules and regulations. To receive upon admission and during his or her stay a written statement of the services provided by the facility and the charges for these services. To be free of mental and physical abuse, neglect, and exploitation. Except in emergencies, to be free from chemical and physical restraint unless authorized for a specified period of time by a physician according to clear and indicated medical need. To have his or her personal and medical records kept confidential and not disclosed except as permitted or required by applicable State or federal law. To receive a reasonable response to his or her requests from the facility administrator and staff. To associate and communicate privately and without restriction with people and groups of his or her own choice on his or her own or their initiative at any reasonable hour. To have access at any reasonable hour to a telephone where he or she may speak privately. To send and receive mail promptly and unopened, unless the resident requests that someone open and read mail, and to have access at his or her expense to writing instruments, stationery, and postage. To be encouraged to exercise his or her rights as a resident and citizen, and to be permitted to make complaints and suggestions without fear of coercion or retaliation. To have and use his or her own possessions where reasonable and have an accessible, lockable space provided for security of personal valuables. This space shall be accessible only to the resident, the administrator, or supervisor-in-charge. To manage his or her personal needs funds unless such authority has been delegated to another. If authority to manage personal needs funds has been delegated to the facility, the resident has the right to examine the account at any time. To be notified when the facility is issued a provisional license or notice of revocation of license by the North Carolina Department of Health and Human Services and the basis on which the provisional license or notice of revocation of license was issued. The resident's responsible family member or guardian shall also be notified. To have freedom to participate by choice in accessible community activities and in social, political, medical, and religious resources and to have freedom to refuse such participation. To receive upon admission to the facility a copy of this section. To not be transferred or discharged from a facility except for medical reasons, the residents' own or other residents' welfare, nonpayment for the stay, or when the transfer is mandated under State or federal law. The resident shall be given at least 30 days' advance notice to ensure orderly transfer or discharge, except in the case of jeopardy to the health or safety of the resident or others in the home. The resident has the right to appeal a facility's attempt to transfer or discharge the resident pursuant to rules adopted by the Medical Care Commission, and the resident shall be allowed to remain in the facility until resolution of the appeal unless otherwise provided by law. The Medical Care Commission shall adopt rules pertaining to the transfer and discharge of residents that offer protections to residents for safe and orderly transfer and discharge. History (1981, c. 923, s. 1; 1983, c. 824, s. 13; 1983 (Reg. Sess., 1984), c. 1076; 1997-443, s. 11A.118(a); 1999-334, s. 1.6; 2000-111, s. 3; 2011-272, s. 3; 2011-314, s. 5.) Effect of Amendments. - Session Laws 2011-272, s. 3, effective October 1, 2011, substituted "offer protections to residents for safe and orderly transfer and discharge" for "offer at least the same protections to residents as State and federal rules and regulations governing the transfer or discharge of residents from nursing homes" in the last sentence of subdivision (17). Session Laws 2011-314, s. 5, effective January 1, 2012, in subdivision (6), deleted "without the written consent of the individual or guardian, which consent shall specify to whom the disclosure may be made" following "not disclosed," inserted "permitted or," and substituted "federal law" for "federal statute or regulation or by third party contract," and deleted the last three sentences, which read: "It is not the intent of this section to prohibit access to medical records by the treating physician except when the individual objects in writing. Records may also be disclosed without the written consent of the individual to agencies, institutions or individuals which are providing emergency medical services to the individual. Disclosure of information shall be limited to that which is necessary to meet the emergency."