§ 19-343

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§19–343.

(a)In this section and §§ 19–344, 19–345, 19–345.1, 19–345.2, and 19–345.3 of this subtitle, “facility” means a related institution that, under the rules and regulations of the Department, is a comprehensive care facility or an extended care facility.

(1)The General Assembly intends to promote the interests and well–being of each resident of a facility.

(2)It is the policy of this State that, in addition to any other rights, each resident of a facility has the following basic rights:

(i)The right to be treated with consideration, respect, and full recognition of human dignity and individuality;

(ii)The right to receive treatment, care, and services that are adequate, appropriate, and in compliance with relevant State and federal laws, rules, and regulations;

(iii)The right to privacy;

(iv)The right to be free from mental and physical abuse;

(v)The right to notice, procedural fairness, and humane treatment when being transferred or discharged from a facility;

(vi)The right to participate in decision making regarding transitions in care, including a transfer or discharge from a facility;

(vii)The right to expect and receive appropriate assessment, management, and treatment of pain as an integral component of the patient’s care;

(viii)The right to be free from physical and chemical restraints, except for restraints that a physician authorizes for a clearly indicated medical need;

(ix)The right to receive respect and privacy in a medical care program; and

(x)The right to manage personal financial affairs.

(c)Each facility shall:

(1)Post, conspicuously in a public place, the policy set forth in subsection

(b)of this section and the provisions in §§ 19–344(b) through (m), 19–345, and 19–346(i)(2) of this subtitle;

(2)Give a copy of the policy and those provisions:

(i)On admission, to the resident;

(ii)To the guardian, next of kin, or sponsoring agency of the resident; and

(iii)To a representative payee of the resident;

(3)Keep a receipt for the copy that is signed by the person who received the copy; and

(4)Provide appropriate staff training to carry out the policy and those provisions.