Bill 417

                    Current Status

Bill Number:               417
Ratification Number:       177
Act Number:                118
Introducing Body:          Senate
Subject:                        Bill of rights for residents of
                           long-term care facilities

(A118, R177, S417)

AN ACT TO PROVIDE A BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES.

Be it enacted by the General Assembly of the State of South Carolina:

Act may be cited

SECTION 1. This act may be cited as the "Bill of Rights for Residents of Long-term Care Facilities".

Findings

SECTION 2. The General Assembly finds that persons residing within long-term care facilities are isolated from the community and often lack the means to assert their rights fully as individual citizens. The General Assembly recognizes the need for these persons to live within the least restrictive environment possible in order to retain their individuality and personal freedom. The General Assembly further finds that it is necessary to preserve the dignity and personal integrity of residents of long-term care facilities through the recognition and declaration of rights safeguarding against encroachments upon each resident's need for self-determination.

Definitions

SECTION 3. As used in this act:

(1) "Long-term care facility" means an intermediate care facility, nursing care facility, or residential care facility subject to regulation and licensure by the State Department of Health and Environmental Control (department).

(2) "Resident" means a person who is receiving treatment or care in a long-term care facility.

(3) "Representative" means a resident's legal guardian, committee, or next of kin or other person acting as agent of a resident who does not have a legally appointed guardian.

Written and oral explanation must be given

SECTION 4. (A) Each resident or his representative must be given by the facility a written and oral explanation of the rights, grievance procedures, and enforcement provisions of this act before or at the time of admission to a long-term care facility. Written acknowledgment of the receipt of the explanation by the resident or his representative is made a part of the resident's file. Each facility shall post written notices of the rights in conspicuous locations in the facility. The written notices must be approved by the department. The notices must be in a type and a format which is easily readable by residents and shall describe residents' rights, grievance procedures, and the enforcement provisions provided by this act.

(B) Each resident and his representative must be informed in writing, prior to or at the time of admission, of available services and of related charges, including all charges not covered either under federal or state programs, or by other third party payers, or by the facility's basic per diem rate. Each resident and his representative must be informed in writing of any subsequent change in services or charges.

(C) Each resident or his legal guardian shall receive from his physician a complete and current description of his diagnosis, plan for treatment, and prognosis in terms which he is able to understand. Each resident or his legal guardian has the right to refuse to participate in experimental research.

(D) A resident may be transferred or discharged only for medical reasons, for the welfare of the resident or for the welfare of other residents of the facility, or for nonpayment and must be given notice of not less than thirty days.

(E) Each resident or his representative may manage his personal finances unless the facility has been delegated in writing to carry out this responsibility, in which case the resident must be given a quarterly report of his account.

(F) Each resident must be free from mental and physical abuse and free from chemical and physical restraints except those restraints ordered by a physician.

(G) Each resident must be assured security in storing personal possessions and 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 transfer to another health care institution or as required by law or third-party payment contract.

(H) Each resident must be treated with respect and dignity and assured privacy during treatment and when receiving personal care.

(I) Each resident must be assured that he will not be required to perform services for the facility that are not for therapeutic purposes as identified in the plan of care for the resident.

(J) Each resident must be allowed to associate and communicate privately with persons of his choice and be assured freedom and privacy in sending and receiving mail.

(K) Each resident may meet with and participate in activities of social, religious, and community groups at his discretion unless medically contraindicated by written medical order.

(L) Each resident must be able to keep and use personal clothing and possessions as space permits unless it infringes on any other resident's rights.

(M) Each resident must be assured privacy for visits of a conjugal nature.

(N) Married residents must be permitted to share a room unless medically contraindicated by the attending physician in the medical record.

Anti-discrimination provision

SECTION 5. Each resident must be offered treatment without discrimination as to sex, race, color, religion, national origin, or source of payment.

Grievance procedures

SECTION 6. Each facility shall establish grievance procedures to be exercised by or on behalf of the resident to enforce the rights provided by this act. The department shall review and approve these grievance procedures annually. This act is enforced by the department. The department may promulgate regulations to carry out the provisions of this act.

Operator shall not retaliate

SECTION 7. No facility by or through its owner, administrator, or operator, or any person subject to the supervision, direction, or control of the owner, administrator, or operator shall retaliate against a resident after the resident or the resident's legal representative has engaged in exercising rights under this act by increasing charges, decreasing services, rights, or privileges, or by taking any action to coerce or compel the resident to leave the facility or by abusing or embarrassing or threatening any resident in any manner.

Time effective

SECTION 8. This act shall take effect upon approval by the Governor.