Section

          44:82:06:01.  Application of chapter - resident rights. An owner, operator, or care provider shall conduct practices consistent with this chapter to protect and promote the rights of each resident.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:02.  Owner or operator to inform resident of rights. Prior to or at the time of admission, an owner or operator 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 home. Any subsequent modifications to the resident's rights and rules governing the resident's conduct and responsibilities shall be communicated, both orally and in writing, to the resident. The information shall contain the following:

          (1)  The resident's ability to exercise the resident's rights as a resident of the home and as a citizen of the United States;

          (2)  The resident's right to be free of interference, coercion, discrimination, and reprisal from the home in exercising the resident's rights;

          (3)  The resident's right to have a person appointed to act on the resident's behalf. If a resident has been adjudged incompetent or incapacitated, the resident's rights shall be exercised by the person appointed under state law to act on the resident's behalf. If a resident has not been adjudged to be incompetent or incapacitated, the resident's rights may be exercised by the legal surrogate recognized under state law, whether statutory or as recognized by the courts of the state to act on the resident's behalf. The home shall record and keep up to date the appointed person's address and phone number;

          (4)  The resident's right to access the resident's own records;

          (5)  The resident's right to be fully informed of the resident's total health status, including functional status, medical care, nursing care, nutritional status, rehabilitation and restorative potential, activities potential, cognitive status, oral health, psychosocial status, and sensory and physical impairments;

          (6)  The resident's right to refuse treatment and to refuse to participate in experimental research. A resident's right to refuse treatment does not absolve an owner, operator, or care provider from responsibility to provide for necessary medical services and treatment. Any resident who refuses treatment shall be informed of the results of that refusal, plus any alternatives that may be available;

          (7)  The resident's right to formulate a durable power of attorney for health care as provided in SDCL chapter 59-7 and a living will declaration as provided in SDCL chapter 34-12D; and

          (8)  The resident's right to receive visitors. Visiting hours and policies of the home shall permit and encourage the visiting of residents by friends and relatives.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:03.  Residential agreement. The owner or operator shall provide a written residential agreement to each resident. The department shall develop and make available a template for the residential agreement which can be used at the owner's or operator's discretion. If the model template is not used, at a minimum, the residential agreement shall include:

          (1)  A list of services available in the home and the charges for those services. The owner or operator shall specify items and services that are included in the services for which the resident may not be charged, those other items and services that the home offers and for which the resident may be charged, and the amount of any charges;

          (2)  A description of how a resident may protect personal funds;

          (3)  A list of names, addresses, and telephone numbers of resident advocates;

          (4)  A description of how to file a complaint with the department concerning abuse, neglect, and misappropriation of resident's property;

          (5)  A description of how the resident can contact the resident's physician, physician's assistant, or nurse practitioner, including the name and specialty of the physician;

          (6)  A description of how to apply for and use Medicare and Medicaid benefits, and the right to establish eligibility for Medicaid, including the address and telephone number of the nearest office of the South Dakota Department of Social Services and of the United State Social Security Administration;

          (7)  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

          (8)  A description explaining the responsibilities of the resident regarding self-administered medication.

A signed and dated residential agreement between the resident or the resident's legal representative and the owner or operator shall include subdivisions (1) to (8), inclusive, of this section. The residential agreement shall be completed either before or at the time of admission, and before the resident has made a commitment for payment for proposed or actual care. The agreement may not include ambiguous or misleading information and may not be in conflict with this chapter. Any change in the information shall be given to the resident or the resident's legal representative as a signed and dated addendum to the original agreement.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:04.  Notification when resident's condition changes. The owner, operator, or care provider shall immediately inform the resident, consult with the resident's care provider or health care professional, and notify the resident's legal representative or family members, and if applicable the resident's case manager, when any of the following occurs:

          (1)  An accident involving the resident that results in injury or has the potential for requiring intervention by a physician;

          (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 home.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:05.  Right to manage financial affairs. A resident may manage the resident's own personal financial affairs.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:06.  Choice in planning care. A resident may choose the resident's own health care providers, be fully informed in advance about care and treatment and of any changes in that care or treatment that may affect the resident's well-being, and, unless adjudged incompetent or otherwise found to be incapacitated under the laws of the state, participate in planning care and treatment or changes in care or treatment.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:07.  Privacy and confidentiality. An owner or operator shall take reasonable steps to provide for privacy and confidentiality for the resident, including the resident's accommodations, medical treatment, written and telephone communications, care, and visits. A resident shall have the right to:

          (1)  Send and receive unopened mail and to have access to stationery, postage, and writing implements at the resident's own expense;

          (2)  Privately access and use a telephone or computer;

          (3)  Visit a spouse or friend, if both are residents of the same home, to share a room with the spouse or friend, within the capacity of the home, upon the consent of both residents;

          (4)  Except in an emergency, have room doors locked and to require knocking and permission before entering the resident's room;

          (5)  Have only authorized staff or other individuals of the resident's choosing present during treatment or activities of personal hygiene;

          (6)  Retire and rise according to the resident's wishes, as long as the resident does not disturb other residents;

          (7)  Meet, associate, and communicate with any person of the resident's choice in a private place within the home;

          (8)  To come and go from the home as the resident chooses, consistent with any restrictions related to specific assessed needs identified in the plan of care; and

          (9)  To participate in social, religious, and community activities that do not interfere with the rights of other residents in the home.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:08.  Quality of life. A community living home shall provide care and an environment that contributes to the resident's quality of life, including:

          (1)  A safe, clean, comfortable, and homelike environment;

          (2)  Maintenance or enhancement of the resident's ability to preserve individuality, to preserve autonomy, to exercise self-determination, to control the physical environment, to have everyday physical and social needs met, to perform daily activities, and to interact with whomever the resident chooses;

          (3)  Freedom from physical or chemical restraints unless ordered and implemented by qualified, trained personnel on an emergency basis, in order to protect the resident or others from immediate bodily injury;

          (4)  Freedom from verbal, sexual, physical, and mental abuse and from involuntary seclusion, neglect, or exploitation imposed by anyone, and theft of personal property;

          (5)  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

          (6)  Support and coordination to assure pain is recognized and addressed appropriately.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:09.  Grievances. A resident may voice grievances without discrimination or reprisal. A 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. An owner or operator shall adopt a grievance process and make the process known to each resident and to each resident's immediate family on an annual basis. The grievance process shall include the owner's or operator'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.

          On an annual basis, the owner or operator shall also provide to each resident, and to each resident's immediate family, written contact information for the local ombudsman office.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:10.  Availability of survey results. A resident may examine the results of the department's most recent survey of the home and any plan of correction in effect. The owner or operator shall make available results of the department's most recent survey to a resident or a resident's legal representative upon request.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:11.  Right to refuse to perform services. A resident may refuse to perform services on behalf of the home, unless otherwise agreed to in the resident's plan of care. The resident may perform services for the home if 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.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:12.  Self-administration of drugs. A resident may self-administer and store drugs in the resident's room if an appropriate health care practitioner has determined the practice to be safe.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:13.  Admission, transfer, and discharge policies. An owner or operator shall establish and maintain policies and practices for admission, discharge, and transfer of residents that prohibit discrimination based upon payment source. The owner or operator shall notify each resident at or before the time of admission of these policies and practices. The policies and practices shall include the following provisions:

          (1)  The resident may remain in the home and may not be transferred or discharged unless the resident's needs and welfare cannot be met by the home, the safety or health of persons in the home is endangered by the resident, the resident has failed to pay for allowable billed services as agreed to, or the home ceases to operate;

          (2)  The owner or operator shall notify the resident and a family member or resident advocate, in writing, at least 30 days before the transfer or discharge unless a change in the resident's health requires immediate transfer or discharge. The written notice shall 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 home; and

          (4)  A description of how the resident may appeal a decision by the owner or operator to transfer or discharge the resident.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).

          44:82:06:14.  Spiritual needs. The owner or operator shall provide for the spiritual needs of the resident as appropriate. Any resident's request to see a clergyman shall be honored. No specific religious beliefs or practices may be imposed on any resident contrary to the resident's choice.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).