TITLE 39

HEALTH AND SAFETY

CHAPTER 35

IDAHO CERTIFIED FAMILY HOMES

39-3516.  Resident rights. The care provider shall ensure staff protect and promote the rights of each resident, including each of the following rights:

(1)  Privacy. Each resident shall be ensured the right to privacy with regard to accommodations, medical and other treatment, written and telephone communications, visits, and meetings of family and resident groups, including:

(a)  The right to send and receive mail unopened, either by the postal service, electronically, or other means, unless the resident’s plan of service specifically calls for the care provider to monitor correspondence to protect the resident from abuse or exploitation; and

(b)  The right to control the use of pictures or videos containing the resident’s image.

(2)  Humane care and environment, dignity, and respect.

(a)  Each resident shall have the right to humane care and a humane environment, including the following:

(i)   The right to a diet that is consistent with any religious or health-related restrictions;

(ii)  The right to refuse a restricted diet;

(iii) The right to refuse assistance with bathing, continence, toileting, or dressing from any person the resident is uncomfortable receiving such care from. The care provider is obligated to ensure that these services, if required in the resident’s plan of service, are offered by staff acceptable to the resident or resident representative;

(iv) The right to a safe and sanitary living environment; and

(v)   The right to a living environment free of illicit drug use or possession and other criminal activities.

(b)  Each resident shall have the right to be treated with dignity and respect, including:

(i)   The right to be treated in a courteous manner;

(ii)  The right to receive a response from the certified family home staff to any request of the resident within a reasonable time;

(iii) The right to make choices free from intimidation, manipulation, or coercion;

(iv)  Freedom from discrimination on the basis of race, color, national origin, sex, religion, age, disability, or veteran status; and

(v)   The right to determine personal dress and hairstyles.

(3)  Personal possessions. Each resident shall have the right to:

(a)  Wear personal clothing;

(b)  Retain and use the resident’s own personal property in the resident’s own living area in order to maintain individuality and personal dignity as long as the storage or use of these items do not present a fire or safety hazard; and

(c)  Be provided a separate storage area in the resident’s own living area and at least one (1) lockable cabinet or drawer for keeping personal property if requested by the resident.

(4)  Personal funds. Each resident shall have the right to:

(a)  Retain for personal use the difference between the resident’s total monthly income and the monthly charges by the certified family home, such that the resident is left with at least the amount established by department rules for a basic-needs allowance to the aged, blind, and disabled who live in certified family homes, when the resident’s care is paid for, in part or in full, by public assistance;

(b)  Deposit personal funds into the resident’s own financial account and not into the account of any other person;

(c)  Review financial accounting pertaining to the use of the resident’s funds. If the resident or the resident representative and care provider agree in writing that the care provider or another individual under the care provider’s influence will manage the resident’s personal funds on the resident’s behalf, the care provider must hold, safeguard, and account for such personal funds; and

(d)  Receive remaining funds into the resident’s estate upon the resident’s death. Upon the death of a resident whose funds were deemed to be managed by the care provider or an individual under the provider’s influence, the care provider shall ensure the resident’s remaining personal funds, along with a final accounting of such funds, are promptly conveyed to the individual administering the resident’s estate.

(5)  Access and visitation rights. Certified family home staff shall permit:

(a)  Immediate access to any resident by the resident representative or the resident’s health care professional;

(b)  Unless otherwise restricted by a lawful order from a government unit, immediate access to any resident by the resident’s relatives, subject to the resident’s right to deny or withdraw consent at any time; and

(c)  Unless otherwise restricted by a lawful order from a government unit, immediate access to any resident by others who wish to visit the resident, subject to reasonable restrictions and the resident’s right to deny or withdraw consent at any time.

(6)  Labor. Each resident shall have the right to refuse to perform services for the certified family home.

(7)  Confidentiality. Each resident shall have the right to confidentiality of personal and clinical records. The care provider shall obtain written consent from the resident or resident representative prior to disclosing any such record, except to the following:

(a)  Representatives of the department, including certifying agents;

(b)  Representatives of the Idaho commission on aging;

(c)  Advocates and representatives of the protection and advocacy system designated by the governor pursuant to 42 U.S.C. 15043 and 42 U.S.C. 10801, in accordance with applicable federal law and regulations;

(d)  The resident’s authorized personal health care professional when the record is relevant to the condition the health care professional is treating; and

(e)  The resident or the resident’s legally authorized representative.

(8)  Freedom from harm. Each resident shall have the right to be free from:

(a)  Physical abuse;

(b)  Mental abuse;

(c)  Sexual abuse;

(d)  Neglect;

(e)  Exploitation;

(f)  Corporal punishment;

(g)  Involuntary seclusion;

(h)  Any physical restraint; and

(i)  Any chemical restraint.

(9)  Freedom of religion. Each resident shall have the right to practice the religion of the resident’s choice or to abstain from religious practice. Residents shall also be free from the imposition of the religious practices of others.

(10) Control and receipt of health-related services. Each resident or resident representative shall have the right to control the resident’s receipt of health-related services, including but not limited to:

(a)  The right to retain the services of the resident’s own health care professionals;

(b)  The right to select the pharmacy or pharmacist of the resident’s choice;

(c)  The right to confidentiality and privacy concerning the resident’s medical or dental condition and treatment; and

(d)  The right to decline treatment for any medical condition.

(11) Grievances. Each resident or resident representative shall have the right to voice grievances without discrimination or reprisal for voicing the grievances and the right to prompt efforts by the certified family home to resolve grievances, including a written response from the care provider. Grievances may include but are not limited to:

(a)  Quality of services or care provided;

(b)  Failure to provide service or care; and

(c)  The behavior of other residents.

(12) Participation in other activities. Unless otherwise restricted by a lawful order from a governmental unit, each resident shall have the right to participate in social, religious, and community activities that do not interfere with the rights of other residents in the certified family home.

(13) Examination of home inspection reports. Each resident or resident representative shall have the right to examine the results of any home inspection of the certified family home conducted by the department and any department-approved plan of correction the care provider was or is expected to implement.

(14) List of alternative care settings. Each resident or resident representative shall have the right to review lists of alternative care settings, including other certified family homes, that may be available to meet the resident’s needs.

(15) Advance directives. Each resident shall have the right to be informed by the care provider in writing regarding the resident’s option to formulate advance care directives as described in chapter 45, title 39, Idaho Code.

(16) Other rights established by law. The resident shall have any other right established by law.

History:

[39-3516, added 2024, ch. 63, sec. 23, p. 321.]