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.
- Every resident must be treated with consideration, respect and full recognition of the resident’s dignity, individuality, and privacy. Care provided to residents must be person centered. A home may not ask a resident to waive the resident’s rights.
- Each home must establish and adhere to a written policy, consistent with these rules, regarding the rights and responsibilities of residents, which must be explained to residents at the time of admission.
- Residents may retain personal clothing and possessions as space permits, unless doing 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 for the licensee. If a resident chooses to perform specific tasks for the licensee the resident must receive reasonable compensation which must be specified in a written agreement with the resident.
- Each resident must be allowed to associate, communicate and meet privately with persons of the resident’s own choice. Homes must allow visiting hours from at least 8 a.m. to 8 p.m., or longer. Visiting hours must be posted in a public place.
- Each resident may send and receive personal mail unopened.
- Residents have the right to reasonable access to a telephone for private conversations. Residents must have reasonable access to the home’s telephone except when restricted because of excessive unpaid toll charges or misuse. Restrictions as to telephone use must be in writing. Any resident may, at the resident’s own expense, maintain a personal telephone or cell phone in their own room, subject to any restrictions imposed by a court
- A resident may complain or voice a grievance without interference, coercion or reprisal. Each home 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, a process for responding to residents in writing, and a method by which each resident filing a complaint will be made aware of the role and contact information 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.
- Residents may manage their own personal finances. The home or licensee must 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 must keep a record of all transactions and make the record available, upon request, to the resident or legal representative and must 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.
- 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, excerpts from or information contained in such records are 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.
- The resident has the right to review the resident’s medical or financial records upon request.
- Residents must be free from mental, verbal or physical abuse, neglect, and exploitation. Residents must also be free from restraints and seclusion as described in Section 5.14.
- When a resident is adjudicated to be a person in need of guardianship, such powers as have been delegated by the Probate or Family Court to the resident’s guardian devolve to the guardian pursuant to applicable law.
- Residents subject to transfer or discharge from the home, under Section 5.3 of these rules, must:
- a. Be allowed to participate in the decision-making process of the home concerning the selection of an alternative placement;
the selection of an alternative placement;
b. Receive adequate notice of a pending transfer or discharge; and
c. Be allowed to contest their transfer or discharge by filing a request for a Commissioner’s hearing and for a fair hearing before the Human Services Board in accordance with the procedures in 3 V.S.A. §3091. - Residents have the right to refuse care to the extent allowed by law. This includes the right to discharge themself 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 rules, the home may issue the resident a thirty (30) day notice of discharge in accordance with section 5.3.a of these rules.
- Residents have the right to formulate advance directives, to have in place DNR and clinician-ordered life-sustaining treatment (COLST) documents, as provided by state law, and to have the home follow the residents’ wishes.
- 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.
- The enumeration of residents’ rights will 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 copy of the Residents Rights set forth in this section must be written in clear language, large print (font size 18), given to residents on admission, and posted conspicuously in a public place in the home. The home’s grievance procedure and directions for contacting the Office of the Long-Term Care Ombudsman and Disability Rights Vermont also must be written in the same font size, provided to each resident, and posted in the same location as the statement of Residents’ Rights.
- Residents have a right to establish a residents’ council that meets in the home. Resident councils must be afforded the opportunity to be self-directed and to meet privately without staff present. The home must record concerns that are communicated to it as a result of the council and must document the action taken in response.
- Residents have a right to be informed by the home, and to have visitors informed, if any video or audio surveillance is underway in any resident areas.
* See the Vermont Department of Aging and Independent Living ‘Residential Care Home Licensing Regulations’ for more information.