Resident Rights

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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 Vermont Protection and Advocacy 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
    request.
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:
    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.
15. Residents have the right to refuse care to the extent allowed by law. This includes
    the right to discharge himself 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.
16. Residents have the right to formulate advance directives as provided by state law
    and to have the home follow the residents’ wishes.
17. 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.
18. 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 Vermont Protection and Advocacy, Inc.

The State Division of Licensing and Protection licenses and regulates residential
care homes and investigates complaints of poor care or conditions. You may direct a
grievance to this division by calling (802) 241-2345 or by writing the Division of Licensing
and Protection through the Department of Aging and Disabilities, 103 South Main Street,
Waterbury, Vermont 05671-2306.

If you would like someone else outside the home to help you resolve a problem, or
speak on your behalf, you may contact the ombudsman in your area. The Ombudsman
will keep all information, even your name, confidential unless you give permission to use
it.

Your Ombudsman is Michelle Carter. She can be reached at 223-6377 or toll-free at
1-800-789-4195

Adult Protective Services can be reached at 1-800-564-1612 (abuse, neglect, or
exploitation);

Or Vermont Protection and Advocacy at 229-1355 or toll-free at 1-800-834-7890