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Assisted Living Facilities
Consumer's Guide
RESIDENTS RIGHTS
There are laws in Virginia aimed at protecting the rights of
residents in Assisted Living Facilities (nursing home residents
have a different set of laws, under Virginia and federal law,
protecting their rights). The laws in Virginia protecting
residents rights include statutes and regulations providing:
- Facilities must fully inform residents of their rights, and
have on record written conformation that the resident has been
so informed.
- Facilities are also obligated to inform each resident as to
what services are provided or available at the facility, and
all costs.
- The facility must inform you of all fees, charges, deposits,
and other costs you will be billed. The facility must also
inform you about whatever refunds might be available.
- As long as the resident has not been declared incompetent by
a court of law, he or she has the right to control their own
finances, and be provided with periodic accountings of every
transaction by the facility affecting the resident's money.
- Use and enjoyment of personal property is protected by law,
as long as the use does not interfere with the comfort of
other residents (remember, though, you must insure your own
property).
- Your Facility is required to provide activities and
recreation for the residents. A certain number of hours each
day, and per week, of enjoyable activity is mandated by law.
- Your Facility must allow visits, both in the residence, as
well as reasonable freedom for people in the residence to
visit outside the residence.
- Freedom to handle and control your own mail is also
protected.
- Each resident has the right to be free from mental, emotional, physical, sexual, and economic abuse.
The Assisted Living Facility is obligated under law to treat all residents with courtesy, respect and dignity, and to promote the fullest potential of the resident's mental, emotional and physical capabilities. These responsibilities should be reflected in the individualized service plan of the resident.
You have the right to express grievances, and receive a response from the facility's management. There are also county and state government offices which can assist you with any unresolved problem you might have as a resident of Facility. (See where to get help below)
Privacy is also protected by law. Within necessary limitations, a resident's privacy is to be respected and protected. This includes privacy of visitations, and the privacy of written and telephone communications. The facility's staff must respect the privacy of your room, and make their presence known when entering your room, except in an emergency or for reasons of safety.
The confidentiality of the resident's personal and financial records is to be protected. The Facility can disclose such records only with your permission, or in accordance with law.
Every resident is free to participate in social, religious, or political group activity. No resident can be forced to participate against their will.
Statues and regulations protect the freedom of competent residents to control their own medical treatment. You have the right to chose your own doctor, and the right to refuse medical treatment.
Finally, Virginia state law prohibits an assisted living facility from retaliating or discriminating in any manner against any person who in good faith complains or provides information to a government agency having the responsibility to protect the rights of residents of assisted living facilities.
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