12-4 Vt. Code R. 200:3 - Residents’ rights of the agency of human services regulation

“Residents’ rights of the agency of human services regulation”

A nursing facility must establish written policies and procedures regarding the rights and responsibilities of residents.  The facility’s policies and procedures must be made available upon request to a resident or potential resident, their guardian, their next of kin, insurers, and reciprocal beneficiaries. Nursing facility residents must be fully informed prior to or at the time of admission all rules regarding resident conduct and responsibilities, which must be evidenced by resident’s written acknowledgment. Nursing facilities must make reasonable accommodations to communicate the right’s bill of rights to residents with communication impairments and residents who speak a language other than English.  Residents’ bill of rights must be posted in a public area.  Residents have the following rights:

• The right to confidential treatment of his personal and medical records, and may approve or refuse their release to any individual outside the facility, except in the case of his or her transfer to another health care institution or as required by law or third-party payment contract.
• The right to be given access to all records pertaining to himself upon an oral or written request;
• The right to review current and past state and federal survey and inspection reports ot eh facility;
• The right to be fully informed by a physician of his medical condition;
• The opportunity to participate in the planning of his medical treatment; 
• The right to refuse care treatment, including the right to refuse restraint and to discharge himself of that facility;
• The right to refuse to participate in experimental research;
• The right to formulate an advance directive;
• The right to choose personal physician;
• The right to self-administer drugs if the interdisciplinary team has determined that this practice is safe;
• The right to refuse the transfer to another room within the institution;
• The right to be notified of a transfer or discharge prior to the transfer or discharge;
• The right to be free from mental and physical abuse, and free from chemical and physical restraints except as authorized in writing by a physician or in an emergency.