House of Mercy will afford every resident his/her full legal, civil, and religious rights. Every resident shall have the following rights:

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1. To be treated with respect, consideration, dignity, and full recognition of his/her individuality and right to privacy.

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2. To receive care and services which are adequate, appropriate, and in compliance with relevant Federal and State laws, rules, and regulations.

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3. To receive upon admission and during his/her stay a written statement of the services provided by the facility and the charges for these services.

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4. To be free of mental and physical abuse, neglect, and exploitation.

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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 the disclosure may be made, except as required by applicable State or Federal statute or regulation, or by third-party contracts. Records may also be disclosed without the written consent of the individual to agencies, institutions, or individuals who are providing emergency medical services to the individual. Disclosure of information shall be limited to that which is necessary to meet the emergency.

 

7. To receive a reasonable response to his/her requests from the facility administrator and staff.

 

8. To associate and communicate privately and without restriction with people and groups of his/her own choice on his/her own or their initiative at any reasonable hour.

 

9. To have access at any reasonable hour to a telephone where he/she may speak privately.

 

10. To send and receive mail promptly and unopened, unless the resident requires that someone open and read mail, and to have access at his/her expense to writing instruments, stationery and postage.

 

11. To be encouraged to exercise his/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/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 resident, the administrator, or supervisor-in-charge.

 

13. To manage his/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 North Carolina Department of Health and Human Services 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 these rights.

 

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 pursuant to rules adopted by the Medical Care Commission, and the resident shall be allowed to remain in the facility until resolution of the appeal unless otherwise provided by law. The Medical Care Commission shall adopt rules pertaining to the transfer and discharge of residents that offer at least the same protection to residents as State and Federal rules and regulations governing the transfer and discharge of residents from nursing homes.