(a) An ALR must care for its residents in a manner and in an environment that promotes maintenance and enhancement of the residents' quality of life and independence.
(b) In order to promote resident independence and aging in place in a residential setting, at a minimum, an ALR shall offer or coordinate for payment 24 hour supervision, assistance with scheduled and unscheduled activities of daily living, and instrumental activities of daily living as needed, as well as provision or coordination of recreational and social activities and health services in a way that promotes optimum dignity and independence for the residents.
(June 24, 2000, D.C. Law 13-127, § 501, 47 DCR 2647.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-127, see notes following § 44-101.01.
(a) A resident shall have the right to be treated at all times as follows:
(1) Courteously;
(2) Respectfully;
(3) With full recognition of personal dignity and individuality; and
(4) With assurance of privacy and the opportunity to act autonomously and share in the responsibility for decisions.
(b) A resident of an ALR shall have the right to live in an environment that:
(1) Maintains and enhances the resident's dignity, independence, and respect in full recognition of his or her individuality and physical and mental capabilities;
(2) Is creatively designed to counter loneliness, depression, dependence, boredom, and designed to manage difficult behavior;
(3) Provides opportunities for socialization, social interaction, leisure activities, and spiritual and religious activities consistent with the preferences and background of the resident; and
(4) Facilitates participation by arranging for transportation and assisting with communication and social skills and other services.
(June 24, 2000, D.C. Law 13-127, § 502, 47 DCR 2647.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-127, see notes following § 44-101.01.
A resident shall have the right to the following:
(1) A safe, clean, comfortable, stimulating, and homelike environment allowing the resident to use personal belongings to the greatest extent possible;
(2) Control time, space, and lifestyle;
(3) Free access to visitors of his or her choice;
(4) To receive and send correspondence without any restrictions;
(5) To maintain personal possessions to the extent the health, safety, and well being of others is not disturbed;
(6) To remain in his or her living unit unless a change corresponds to the uncoerced preference of the resident or conforms to the obligations set forth in the resident's contract respecting discharge and is related to the resident's preference or to transfer conditions stipulated in his or her contract with the ALR;
(7) To approve his or her roommate whenever possible, if the resident is living in a semi-private unit;
(8) To attend or not attend religious services of his or her choice;
(9) To choose activities and schedules consistent with his or her interests, and physical, mental, and psychosocial well-being;
(10) To interact with members of the community inside and outside the facility and make choices about aspects of his or her life in the facility that are significant to the resident;
(11) To be free from mental, verbal, emotional, sexual and physical abuse, neglect, involuntary seclusion, and exploitation; and
(12) To participate in the development, implementation, and review of plans designed to provide services to residents, including the Individualized Service Plan.
(June 24, 2000, D.C. Law 13-127, § 503, 47 DCR 2647.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-127, see notes following § 44-101.01.
A resident shall have the right to the following:
(1) To receive adequate and appropriate services and treatment with reasonable accommodation of individual needs and preferences consistent with their health and physical and mental capabilities and the health or safety of other residents;
(2) To have access to appropriate health and social services, including social work, home health, nursing, rehabilitative, hospice, medical, dental, dietary, counseling, and psychiatric services in order to attain or maintain the highest practicable physical, mental and psychosocial well-being;
(3) To remain in the current setting, forgoing a recommended transfer to obtain additional services as contracted for by the resident or secure additional services in a manner acceptable to the ALR;
(4) To engage in a shared responsibility agreement with the ALR which is acceptable to the resident and the ALR and does not violate any applicable law;
(5) To refuse to participate in any service once the potential consequences of such participation have been explained and a shared responsibility agreement has been reached, if necessary, between the resident, the surrogate, and the ALR;
(6) To be free of physical restraints at all times; and
(7) To be free of chemical restraints.
(June 24, 2000, D.C. Law 13-127, § 504, 47 DCR 2647.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-127, see notes following § 44-101.01.
(a) A resident shall have the right to the following:
(1) To designate a person as his or her surrogate or to have their guardian, or advance directives or surrogate health decision maker, act for them if for any reason the resident cannot act for him or herself;
(2) To uncoerced consent;
(3) To present grievances and complaints without fear of threat of retaliation and have them acknowledged and acted upon promptly with due respect to the provisions of this chapter;
(4) To have access to an internal grievance and complaint procedure for any denial of services or rights provided for under this chapter and to an external review process by an independent person or entity;
(5) To address grievances and complaints to representatives of the Office of the Long-Term Care Ombudsman of the District of Columbia pursuant to Chapter 7 of Title 7 or other representative;
(6) To appoint a specially designated person or attorney to represent the resident in any grievance or complaint, procedure, or appeal process who shall have access to all necessary and relevant books and records of the ALR; and
(7) To organize and participate in and hold meetings of resident groups in the ALR and invite staff or visitors to the meetings and have a designated staff person to assist and respond to written requests resulting from the meetings.
(b) The ALR shall maintain complete written records of the filing and disposition of all grievances, complaints, and appeals.
(c) Appeals under this section may be taken pursuant to subchapter XII of this chapter.
(June 24, 2000, D.C. Law 13-127, § 505, 47 DCR 2647.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-127, see notes following § 44-101.01.
(a) A resident shall have the right to the following:
(1) To access their ALA and healthcare records on demand;
(2) To have their records kept confidential and released only in accordance with their informed uncoerced consent in accordance with District and federal law;
(3) To have their records maintained during their residency;
(4) To have their records maintained for up to 3 years after discharge or death; and
(5) To have any case discussion, consultation, examination, or treatment of the resident be kept confidential.
(b) If, for any reason, a resident cannot act for him or herself, their consent shall be given on their behalf by their designated surrogate which consent shall also be uncoerced and informed.
(June 24, 2000, D.C. Law 13-127, § 506, 47 DCR 2647.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-127, see notes following § 44-101.01.
A resident shall have the right to full disclosure of contract terms and billing practices that are fair and reasonable.
(June 24, 2000, D.C. Law 13-127, § 507, 47 DCR 2647.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-127, see notes following § 44-101.01.
An ALR shall place a copy of a document delineating the resident's rights, as set forth in this chapter, in a conspicuous location, plainly visible and easily read by residents, staff, and visitors and provide a copy to each resident and resident's surrogate upon admission and at the time of any change to the resident's status, level of care, or services available to the resident.
(June 24, 2000, D.C. Law 13-127, § 508, 47 DCR 2647.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-127, see notes following § 44-101.01.
(a) An ALR shall develop and implement policies and procedures prohibiting abuse, neglect, and exploitation of residents.
(b)(1) An ALR, employee of an ALR, or other person who believes that a resident has been subjected to abuse, neglect, or exploitation shall report the alleged abuse, neglect, or exploitation immediately to the assisted living administrator who shall take appropriate action to protect the resident. The ALR shall report any allegation of abuse, neglect, or exploitation brought to its attention to the Mayor and the Adult Protective Services Program, administered by the Family Services Administration of the Department of Human Development.
(2) An ALR or employee of an ALR may be subject to a penalty imposed by the Mayor for failure to report an alleged incident of abuse, neglect, or exploitation pursuant to Chapter 19 of Title 7.
(3) An ALR shall thoroughly investigate any allegation of abuse, neglect, or exploitation and shall take appropriate action to prevent further incidents. The ALR shall report the results of its investigation and actions taken, if any, to the Mayor.
(c) An ALR shall post signs that set forth the reporting requirement of this section conspicuously in the employee and public areas of the ALR.
(June 24, 2000, D.C. Law 13-127, § 509, 47 DCR 2647.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-127, see notes following § 44-101.01.
