Page:United States Statutes at Large Volume 101 Part 2.djvu/960

This page needs to be proofread.
101 STAT. 1330-166
101 STAT. 1330-166
PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1330-166

•'i

PUBLIC LAW 100-203—DEC. 22, 1987 "(vii) PARTICIPATION IN RESIDENT AND FAMILY GROUPS.—The right of the resident to organize and participate in resident groups in the facility and the right of the resident's family to meet in the facility with the families of other residents in the facility. ^ "(viii) PARTICIPATION IN OTHER ACTIVITIES.—The

^••'f* •' " '

right of the resident to participate in social, religious, and community activities that do not interfere with the rights of other residents in the facility. ® "(ix) EXAMINATION OF SURVEY RESULTS.—The right ® to examine, upon reasonable request, the results of the most recent survey of the facility conducted by the Secretary or a State with respect to the facility and any plan of correction in effect with respect to the facility. 5^ "(x) OTHER RIGHTS.—Any other right established by the Secretary. Clause (iii) shall not be construed as requiring the provision of a private room. "(B) NOTICE OF RIGHTS AND SERVICES.—A skilled nursing

,

y,; '

facility must— "(i) inform each resident, orally and in writing at the time of admission to the facility, of the resident's legal rights during the stay at the facility; "(ii) make available to each resident, upon reasonable request, a written statement of such rights (which statement is updated upon changes in such rights); and "(iii) inform each other resident, in writing before or at the time of admission and periodically during the ^ resident's stay, of services available in the facility and of related charges for such services, including any charges for services not covered under this title or by the facility's basic per diem charge. The written description of legal rights under this subparagraph shall include a description of the protection of personal funds under paragraph (6) and a statement that a resident may file a complaint with a State survey and certification agency respecting resident abuse and neglect and misappropriation of resident property in the facility. "(C) RIGHTS OF INCOMPETENT RESIDENTS.—In the case of a resident adjudged incompetent under the laws of a State, the rights of the resident under this title shall devolve upon, and, to the extent judged necessary by a court of competent jurisdiction, be exercised by, the person appointed under State law to act on the resident's behalf. "(2) TRANSFER AND DISCHARGE RIGHTS.—

"(A) IN GENERAL.—A skilled nursing facility must permit each resident to remain in the facility and must not transfer or discharge the resident from the facility unless— "(i) the transfer or discharge is necessary to meet the resident's welfare and the resident's welfare cannot be met in the facility; "(ii) the transfer or discharge is appropriate because the resident's health has improved sufficiently so the "'Copy read " "(ix)".

  • 'Copy read " "(%)".
    • Copy read " "(xi)".