OAR 411-067-0086: Resident Rights

(1) A provider must assist a resident, upon request, in the exercise of the resident’s rights as a citizen of the United States and as a resident of Oregon. A resident has the right to exercise all rights that do not infringe upon the rights or safety of other residents. (2) A resident has the right to review a provider’s disclosure statements. (3) A provider may not discriminate or impose any requirement or restriction based on sex, marital status, race, color, sexual orientation, or national origin of a resident, a prospective resident, or a resident’s visitor. (4) A provider must make reasonable accommodations to ensure that services are accessible to residents who have disabilities. (5) A provider must treat each resident with respect and dignity at all times and ensure privacy for each resident during rehabilitation or treatment and when receiving personal care services. (6) A resident has the right to associate and communicate privately with persons of the resident’s choice and to send and receive mail that is not opened by the provider. (7) A resident has the right to be free from abuse as defined in ORS 124.005 and OAR 411-020-0002. (8) The Resident Council has the right to meet with the provider as described in OAR 411-067-0083. (9) A resident has the right to participate in social, religious, and community activities at the discretion of the resident. (10) A resident has the right to be fully informed, prior to or at the time of admission and during the resident’s period of residency, of services available in the CCRC, whether the provider participates in the Medicare or Medicaid programs, and the consequences of the participation or lack of participation by the provider in the Medicare or Medicaid programs. (11) A resident has the right to refuse medication, treatment, care, or participation in clinical trials or other research. (12) A resident has the right to obtain treatment, care, and services including but not limited to home health and hospice care, from persons providing health care who have not entered into a contract with or are not affiliated with the provider, subject to policies of the CCRC regarding the provision of services by persons that are not under contract. (13) A resident has the right to submit grievances and to suggest changes in policies and services either orally or in writing to staff or other individuals without fear of restraint, interference, coercion, discrimination, or reprisal by the provider. A provider must listen to and respond promptly to a grievance or suggestion from a resident. (14) A resident has the right to be free from harassment by other residents and to peaceful enjoyment of the CCRC without interference from other residents. (15) A provider must keep clinical and personal records of residents confidential. A resident or the resident’s representative has the right to a prompt inspection of the records pertaining to the resident’s care. The provider must provide photocopies or electronic copies of a resident’s records to the resident or the resident’s representative at a reasonable charge. (16) A resident has the right to receive at least 45 days prior notice of proposed changes in fees or services. The provider must allow residents a reasonable opportunity to comment on the proposed changes before the changes become effective.