Resident Rights

These rights are taken from the Vermont Department of Aging and Independent Living ‘Residential Care Home Licensing Regulations’ which will be provided to you upon request.

  1. Every resident shall be treated with consideration, respect and full recognition of the
    resident’s dignity, individuality, and privacy. A home may not ask a resident to waive the resident’s rights.
  2. Each home shall establish and adhere to a written policy, consistent with these regulations, regarding the rights and responsibilities of residents, which shall be explained to residents at the time of admission.
  3. 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.
  4. A resident shall not be required to perform work for the licensee. If a resident chooses to perform specific tasks for the licensee, the resident shall receive reasonable
    compensation that shall be specified in a written agreement with the resident.
  5. Each resident shall be allowed to associate, communicate and meet privately with
    persons of the resident’s own choice. Homes shall allow visiting hours from at least 8 a.m. to 8 p.m., or longer. Visiting hours shall be posted in a public place.
  6. Each resident may send and receive personal mail unopened.
  7. Residents have the right to reasonable access to a telephone for private conversations. Residents shall have reasonable access to the home’s telephone except when restricted because of excessive unpaid toll charges or misuse. Restrictions as to telephone use shall be in writing. Any resident may, at the resident’s own expense, maintain a personal telephone in his or her own room.
  8. A resident may complain or voice a grievance without interference, coercion or reprisal. Each home shall establish a written grievance procedure for resolving residents’ concerns or complaints that is explained to residents at the time of admission. The grievance procedure shall include at a minimum, time frames, a process for responding to residents in writing, and a method by which each resident filing a complaint will be made aware of the Office of the Long-Term Care Ombudsman and Disability Rights Vermont as an alternative or in addition to the home’s grievance mechanism.
  9. Residents may manage their own personal finances. The home or licensee shall not
    manage a resident’s finances unless requested in writing by the resident and then in
    accordance with the resident’s wishes. The home or licensee shall keep a record available, upon request, to the resident or legal representative, and shall provide the resident with an accounting of all transactions at least quarterly. Resident funds must be kept separate from other accounts or funds of the home.
  10. The resident’s right to privacy extends to all records and personal information. Personal information about a resident shall not be discussed with anyone not directly involved in the resident’s care. Release of any record, excerpts from or information contained in such records shall be subject to the resident’s written approval, except as requested by representatives of the licensing agency to carry out its responsibilities or as otherwise provided by law.
  11. The resident has the right to review the resident’s medical or financial records upon
  12. Residents shall be free from mental, verbal or physical abuse, neglect, and exploitation. Residents shall also be free from restraints as described in Section 5.14.*
  13. When a resident is adjudicated mentally disabled such powers as have been delegated by the Probate or Family Court to the resident’s guardian shall devolve to the guardian pursuant to applicable law.*
  14. Residents subject to transfer or discharge from the home, under Section 5.3* of these regulations, shall:
  15. a. Be allowed to participate in the decision-making process of the home concerning
    the selection of an alternative placement;
    b. Receive adequate notice of a pending transfer; and
    c. Be allowed to contest their transfer or discharge by filing a request for a fair hearing before the Human Services Board in accordance with the procedures in 3 V.S.A. §3091.
  16. Residents have the right to refuse care to the extent allowed by law. This includes the
    right to discharge him or herself from the home. The home must fully inform the resident of the consequences of refusing care. If the resident makes a fully informed decision to refuse care, the home must respect that decision and is absolved of further responsibility. If the refusal of care will result in a resident’s needs increasing beyond what the home is licensed to provide or will result in the home being in violation of these regulations, the home may issue the resident a thirty (30) day notice of discharge in accordance with section 5.3.a* of these regulations.
  17. Residents have the right to formulate advance directives as provided by state law and to have the home follow the residents’ wishes.
  18. ACCS residents have the right to be away from the home for voluntary leaves of more
    than 24 hours, unless a legally appointed guardian directs the home otherwise. ACCS
    residents have the right to make decisions about such voluntary leaves without influence from the home.
  19. The enumeration of residents’ rights shall not be construed to limit, modify, abridge or reduce in any way any rights that a resident otherwise enjoys as a human being or citizen. A summary of the obligations of the residential care home to its residents shall be written in clear language, large print, given to residents on admission, and posted conspicuously in a public place in the home. Such notice shall also summarize the home’s grievance procedure and directions for contacting the Ombudsman Program and Disability Rights Vermont.

* See the Vermont Department of Aging and Independent Living ‘Residential Care Home Licensing Regulations’ for more information.