12-4 Vt. Code R. 203:6 - Terminally ill residents’ rights under the Agency of Human Services regulations

“Residents’ rights under the Agency of Human Services regulations”

Each home for the terminally ill must establish a written policy regarding the rights and responsibilities of residents, which must be explained to residents at the time of admission. A home may not ask a resident to waive the resident’s rights. Each resident has the following rights:

• The right to be treated with consideration, respect and full recognition of the resident's dignity, individuality, and privacy.
• Residents may retain personal clothing and possessions as space permits, unless to do so would infringe on the rights of others or would create a fire or safety hazard.
• A resident must not be required to perform work and has the right to receive compensation if the resident chooses to perform specific tasks.
• Each resident is allowed to associate, communicate and meet privately with persons of their choice.
• Each resident may send and receive personal mail unopened.
• Residents have the right to reasonable access to a telephone for private conversations.
• A resident may complain or voice a grievance without interference, coercion or reprisal. Each home for the terminally ill must establish a written grievance procedure for resolving residents' concerns or complaints that is explained to residents at the time of admission. The grievance procedure must include, at a minimum, time frames and a process for responding to residents in writing.
• Residents may manage their own personal finances.
• The resident's right to privacy extends to all records and personal information. Personal information about a resident must not be discussed with anyone not directly involved in the resident's care. Release of any record is subject to the resident's written approval.
• The resident has the right to review his or her medical or financial records upon request.
• Residents must be free from mental, verbal or physical abuse, neglect, and exploitation. Residents shall also be free from restraints.
• Residents subject to transfer or discharge from the home must:
  • Be allowed to participate in the decision-making process of the home concerning the selection of an alternative placement;
  • Receive adequate notice of a pending transfer; and
  • Be allowed to contest their transfer or discharge by filing a request for a fair hearing before the Human Services Board.
• Residents have the right to refuse care, which includes the right to discharge himself or herself from the home.
• Residents have the right to formulate advance directives as provided by state law and to have the home follow the residents' wishes.