CHAPTER 44:73:11
RESIDENT'S RIGHTS
Section
44:73:11:01 Resident rights.
44:73:11:02 Facility to inform resident of rights.
44:73:11:03 Facility to provide information on available services, policies, and procedures.
44:73:11:04 Notification when resident's condition changes.
44:73:11:05 Repealed.
44:73:11:06 Right to manage financial affairs.
44:73:11:07 Repealed.
44:73:11:08 Privacy and confidentiality.
44:73:11:09 Quality of life.
44:73:11:10 Grievances.
44:73:11:11 Availability of survey results.
44:73:11:12 Right to refuse to perform services.
44:73:11:13 Self-administration of drugs, Repealed.
44:73:11:14 Admission, transfer, and discharge policies.
44:73:11:01. Resident rights. Each facility shall establish and implement policies consistent with 42 C.F.R. § 483.10 (September 17, 2024) and this chapter to protect and promote the rights of each resident.
Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:17:01, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:73:11:02. Facility to inform resident of rights. Prior to or at the time of admission, a facility shall inform the resident, both orally and in writing, of the resident's rights and of the rules governing the resident's conduct and responsibilities while living in the facility. The resident shall acknowledge in writing that the resident received the information. During the resident's stay the facility shall notify the resident or the resident's legal representative, both orally and in writing, of any changes to the original information.
A facility's visiting hours and policies must permit and encourage the visiting of residents by friends and relatives. Visitors may not cause a disruption to the care and services residents receive, infringe on other residents' rights, or place an undue burden on the facility.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 19 SDR 95, effective January 7, 1993; subdivision (8) transferred from § 44:04:12:03, 22 SDR 70, effective November 19, 1995; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:17:02, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:73:11:03. Facility to provide information on available services, policies, and procedures. A facility shall provide the following information in writing to each resident or resident's legal representative:
(1) A list of items and services available in the facility, the charges for those items and services, and the items and services for which the resident may not be charged;
(2) A description of how to apply for and use medicare and medicaid benefits, and the right to establish eligibility for medicaid, including the addresses and telephone numbers of the nearest office of the South Dakota Department of Social Services and of the United States Social Security Administration;
(3) A description of the bed-hold policy that indicates the length of time the bed will be held for the resident, any policies regarding the held bed, and readmission rights of the resident; and
(4) A description explaining the responsibilities of the resident and family members regarding self-administered medication.
A signed and dated admission agreement between the resident or the resident's legal representative and the facility must include information described in subdivisions (1) to (4), inclusive. The resident or resident's legal representative and the facility shall complete the admission agreement before or at the time of admission and before the resident has made a commitment for payment for proposed or actual care. The agreement must be printed in a manner to ensure ease of reading by the resident prior to signing. Any change in the admission agreement must be signed and dated by the resident or the resident's legal representative as an addendum to the original agreement.
Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; 26 SDR 96, effective January 23, 2000; 28 SDR 83, effective December 16, 2001; transferred from § 44:04:17:03, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:73:11:04. Notification when resident's condition changes. A facility shall immediately inform the resident, consult with the resident's physician, physician assistant, or nurse practitioner, and, if known, notify the resident's legal representative or interested family member when any of the following occurs:
(1) An accident involving the resident which results in injury or has the potential for requiring intervention by a physician, physician assistant, or nurse practitioner;
(2) A significant change in the resident's physical, mental, or psychosocial status;
(3) A need to alter treatment significantly; or
(4) A decision to transfer or discharge the resident from the facility.
Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:17:04, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(15).
Law Implemented: SDCL 34-12-13(15).
44:73:11:06. Right to manage financial affairs. A resident may manage personal financial affairs. A facility may not require residents to deposit their personal funds with the facility. If the resident chooses to deposit funds with the facility and gives written authorization, the facility shall hold the funds in accordance with SDCL 34-12-15.1 to 34-12-15.10, inclusive.
Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:17:06, 42 SDR 51, effective October 13, 2015.
General Authority: SDCL 34-12-13(15).
Law Implemented: SDCL 34-12-13(15).
44:73:11:08. Privacy and confidentiality. A facility shall provide for privacy and confidentiality for the resident. A facility shall permit residents to:
(1) Visit a spouse or significant other or, if both are residents of the same facility, share a room with the spouse or significant other, within the capacity of the facility, upon the consent of both parties;
(2) Have room doors closed and to require knocking before entering the resident's room, except in an emergency;
(3) Have only authorized personnel present during treatment or activities of personal hygiene;
(4) Retire and rise according to the resident's wishes, as long as the resident does not disturb other residents;
(5) Meet, associate, and communicate with any person of the resident's choice in a private place within the facility;
(6) Participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility;
(7) Approve or refuse the release of personal and medical records to any individual outside the facility, except when the resident is transferred to another health care facility or when the release of the record is required by law;
(8) Send and receive unopened mail and to have access to stationery, postage, and writing implements at the resident's own expense; and
(9) Access and use a telephone without being overheard.
With the permission of the resident or the resident's legal representative, a facility must allow the state ombudsman or a representative of the ombudsman access to the resident's medical records.
Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995.; transferred from § 44:04:17:08, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
Cross-Reference: Written policies and confidentiality of records, § 44:73:09:03.
44:73:11:09. Quality of life. A facility shall provide care and an environment that contributes to the resident's quality of life. The facility shall provide:
(1) A safe, clean, comfortable, and homelike environment;
(2) Maintenance or enhancement of the resident's ability to preserve individuality, exercise self-determination, and control everyday physical needs;
(3) Freedom from physical or chemical restraints imposed for purposes of discipline or convenience;
(4) Freedom from verbal, sexual, physical, and mental abuse;
(5) Freedom from involuntary seclusion, neglect, or exploitation imposed by anyone,
(6) Freedom from theft of personal property;
(7) Retention and use of personal possessions, including furnishings and clothing, as space permits, unless to do so would infringe upon the rights or health and safety of other residents; and
(8) Support and coordination to assure pain is recognized and addressed appropriately.
Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 28 SDR 83, effective December 16, 2001; transferred from § 44:04:17:09, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
Cross-Reference: Care policies, § 44:73:04:13.
44:73:11:10. Grievances. A resident's grievance may be in writing or oral and may relate to treatment furnished, treatment that has not been furnished, the behavior of other residents, and infringement of the resident's rights. A facility shall adopt a grievance process and make the process known to each resident and to the resident's immediate family or legal representative. The grievance process must outline the facility's efforts to resolve the grievance and documentation of:
(1) The grievance;
(2) The names of the persons involved;
(3) The disposition of the matter; and
(4) The date of disposition.
Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 29 SDR 81, effective December 11, 2002; transferred from § 44:04:17:10, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:73:11:11. Availability of survey results. A facility shall provide a copy of any survey results from a department inspection, along with the corresponding plan of correction to a resident or other individual upon request.
Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 27 SDR 59, effective December 17, 2000; transferred from § 44:04:17:11, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:73:11:12. Right to refuse to perform services. A resident may perform services for the facility when the following conditions are met:
(1) The plan of care includes documentation of the need or desire for work;
(2) The nature of the services performed is specified, including whether the services are voluntary or paid;
(3) Compensation for paid services is at or above prevailing rates; and
(4) The resident agrees to the work arrangement.
A resident may refuse to perform services on behalf of the facility.
Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; transferred from § 44:04:17:12, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
44:73:11:13. Self-administration of drugs. Repealed.
Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 19, 1995; 28 SDR 83, effective December 16, 2001; 29 SDR 81, effective December 11, 2002; 32 SDR 128, effective January 30, 2006; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:17:13, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
44:73:11:14 Admission, transfer, and discharge policies. A facility shall establish and implement policies and procedures for admission, readmission, discharge, and transfer of residents that prohibit discrimination based upon payment source. The facility shall notify each resident at or before the time of admission of these policies and procedures. The policies and procedures must include the following provisions:
(1) The resident may remain in the facility and may not be transferred or discharged unless the resident's needs and welfare cannot be met by the facility, the resident's health has improved sufficiently so the resident no longer needs the services provided by the facility, the safety or health of individuals in the facility is endangered by the resident, the resident has failed to pay for allowable billed services as agreed to, or the facility ceases to operate;
(2) The facility must notify the resident or the resident's legal representative and state ombudsman in writing at least thirty days before the transfer or discharge unless a change in the resident's health requires immediate transfer or discharge or the resident has not resided in the facility for thirty days. The written notice must specify the reason for, and effective date of, the transfer or discharge and the location to which the resident will be transferred or discharged;
(3) The conditions under which the resident may request or refuse transfer within the facility; and
(4) A description of how the resident may appeal a decision by the facility to transfer or discharge the resident.
Source: 19 SDR 95, effective January 7, 1993; 22 SDR 70, effective November 10. 1995; transferred from § 44:04:17:14, 42 SDR 51, effective October 13, 2015; 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
