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NORTH
CAROLINA’S ADULT CARE HOME BILL OF RIGHTS
(Condensed Version)
EVERY
RESIDENT SHALL HAVE THE FOLLOWING RIGHTS:
(1) To
be treated with respect, consideration, dignity, and full
recognition of his or her individuality and right to privacy.
(2) To
receive care and services which are adequate, appropriate, and in
compliance with relevant federal and State laws and rules and
regulations.
(3) To
receive upon admission and during his or her stay a written
statement of the services provided by the facility and the charges
for these services.
(4) To
be free of mental and physical abuse, neglect, and exploitation.
(5)
Except in emergencies, to be free from chemical and physical
restraint unless authorized for a specified period of time by a
physician according to clear and indicated medical need. (6) To have
his/her personal and medical records kept confidential and not
disclosed without the written consent of the individual or guardian,
which consent shall specify to whom disclosure may be made, except
as required by applicable state or federal statue, regulations, or
third party contracts. In the case of an emergency, disclosure can
be made to agencies, institutions or individuals who are providing
the emergency medical services.
(7) To
receive a reasonable response to his or her requests from the
facility administrator and
staff.
(8) To
associate and communicate privately and without restriction with
people and groups of his or her own choice on his or her own or
their initiative at any reasonable hour.
(9) To
have access at any reasonable hour to a telephone where he or she
may speak privately.
(10) To
send and receive mail promptly and unopened, unless the resident
requests that someone open and read mail, and to have access at his
or her expense to writing instruments, stationary, and postage.
(11) To
be encouraged to exercise his or her rights as a resident and
citizen, and to be permitted to make complaints and suggestions
without fear of coercion or retaliation.
(12) To
have and use his or her own possessions where reasonable and have an
accessible, lockable space provided for security of personal
valuables. This space shall be accessible only to the residents,
administrator and supervisor-in-charge.
(13) To
manage his or her personal needs funds unless such authority has
been delegated to another. If authority to manage personal needs
funds has been delegated to the facility, the resident has the right
to examine the account at any time.
(14) To
be notified when the facility is issued a provisional license or
notice of revocation of license by the Carolina Department of Human
Resources and the basis on which the provisional license or notice
of revocation of license was issued. The resident’s responsible
family member or guardian shall also be notified.
(15) To
have freedom to participate by choice in accessible community
activities and in social, political, medical, and religious
resources and to have freedom to refuse such participation.
(16) To
receive upon admission to the facility a copy of this section.
(17) To
not be transferred or discharged from a facility except for medical
reasons, the resident's own or other residents' welfare, nonpayment
for the stay, or when the transfer is mandated under State or
federal law. The resident shall be given at least 30 days advance
notice to ensure orderly transfer or discharge, except in the case
of jeopardy to the health or safety of the resident or others in the
home. The resident has the right to appeal a facility's attempt to
transfer or discharge the resident. The resident shall be allowed to
remain in the facility until resolution of the appeal.
(18) To
contact Governor’s Advocacy Counsel at 919-733-9250.
(19) To
contact the Long-Term Care Ombudsman at 1-800-662-7030.
(20)
To contact the Division of Health Service Regulation Hotline
Complaints Number at 1-800-624-3440.
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Resident/Guardian Date
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UMAR Representative
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