Initial RCFE Administrator Certification Part 10 of 10. Assisted Living Education 1

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1 Initial RCFE Administrator Certification Part 10 of 10 Assisted Living Education 1

2 This Course Material has been copyrighted 2009 by Assisted Living Education All rights reserved. No part of this course material/content may be reproduced or utilized in any form, by any means, electronic or mechanical, including photocopying, recording, ing, or any information storage and retrieval system, without permission in writing from Assisted Living Education. Assisted Living Education has attempted to offer useful information and assessment tools that have been accepted and used by professionals within this industry, including the California Department of Social Services. Nevertheless, changes in health/medical care and health care regulations may change the application of some techniques and perceptions in this course material. Assisted Living Education thereby disclaims any liability for loss, injury or damage incurred as a consequence, either directly or indirectly, from the use and application of any of the contents of this course material. Assisted Living Education 2

3 Online Class Rules Some required rules for this online class are: You can always navigate back to a prior slide for review. There is a 20 question test that you must pass in order to complete this section of the online Certification course. You must score at least 70%, which is 14 or more correct answers, to pass the test. Ifyoudonotpass,youwillbedirectedtoretake the test. Assisted Living Education 3

4 DSS Training Requirements Per DSS requirements, this 2 hour segment of the 20 hour online RCFE Initial Certification Program will focus on: Resident Rights Assisted Living Education 4

5 Definitions DSS = Department of Social Services AB = Assembly Bill SB = Senate Bill LPA = Licensing Program Analyst RCFE = Residential Care Facility for the Elderly DNR = Do Not Resuscitate POLST = Physician s Orders for Life Sustaining Treatment Assisted Living Education 5

6 The Rights of Our Residents Assisted Living Education 6

7 The Rights of our Residents When our residents move in, they are given a State form called Personal Rights (DSS form LIC 613C). Instructions on how to complete this form are upcoming in this course. This form outlines the rights they are granted when living in a licensed facility. Assisted Living Education 7

8 The Rights of our Residents Assembly Bill (AB) 2171* passed and went into effect for RCFE s on January 1, This Bill increased the Resident Rights from 18 to 30 and added additional posting and Admission Agreement requirements. *Note this Bill only applies to privately owned RCFE s, not publicly operated RCFE s, such as RCFE s licensed to the California Department of Veteran s Affairs. Assisted Living Education 8

9 The Rights of our Residents As of September, 2015, the LIC 613C form has not been updated to add these new requirements. Note: Until the LIC 613C has been updated, you must give the current (outdated) LIC 613C form along with a list of the new Resident Rights listed in the Health & Safety Codes Assisted Living Education 9

10 The Rights of our Residents Per AB 2171, at admission, a facility staff member must personally review and give a copy of these Rights to the resident and/or resident representative. These Rights must also be posted in a prominent location in the facility that is accessible to residents and their representatives. Assisted Living Education 10

11 The Rights of our Residents In addition to posting these Rights in English, the facility is required to post these rights in any other language when five (5%) or more of the residents in a facility can only read that other language. It will be the responsibility of the facility to translate the Rights into that language. Assisted Living Education 11

12 The Rights of our Residents AB 2171 also states that Licensees must post the Complaint Poster (required by Senate Bill 895) which informs residents how to report complaints against a licensed facility. You can find this poster on the Department of Social Service s website titled Licensing Complaint Poster. The DSS website is Assisted Living Education 12

13 The Rights of the Residents Training must be provided to staff regarding these Rights during the staff s initial and ongoing training. Remember to document all training otherwise it did not happen! Assisted Living Education 13

14 The Rights of the Residents AB 2171 also states that an RCFE cannot discriminate against a person seeking admission or a current resident based on sex, race, religion, color, national origin, marital status, registered domestic partner status, ancestry, actual or perceived sexual orientation or actual or perceived gender identity. This will be discussed more in depth in another online course. Assisted Living Education 14

15 2014 Legislation Implementation Plan It states in this Plan on page 24 that: It is essential for licensees to balance the health, safety and personal rights of all residents in a facility. Should residents choices impair their own health or safety or that of other residents in a facility, licensees are not required to comply with the request of the resident. Think about this statement when you are reviewing the following resident rights and what could cause this forfeiture of their rights. Assisted Living Education 15

16 Assembly Bill 2171 For further information about Assembly Bill 2171, you can view the 2014 Legislation Implementation Plan for Residential Care Facilities for the Elderly on the DSS website. The link is: Assisted Living Education 16

17 The Rights of our Residents The following slides state the Resident Rights. If you have any additional questions about these rights, please ask the Licensee or your LPA. Assisted Living Education 17

18 Resident Right #1 1. To be accorded dignity in their personal relationships with staff, residents, and other persons. What is dignity? Dignity is defined* as the quality or state of being worthy of esteem or respect. *Per Dictionary.com Assisted Living Education 18

19 Resident Right #1 How can we help our residents maintain their dignity? a. Listen to them and respond to their comments and complaints, if they have any. b. Close the door when they are in the restroom. c. Protect their privacy when bathing or performing other ADL s as much as possible. Assisted Living Education 19

20 Resident Right #1 How can we help our residents maintain their dignity? d. Do not discuss their medications or health in front of any other residents. e. Knock before entering their room. f. Call residents by their preferred names not Honey, Sweetheart or Dear..unless that is their first name! Assisted Living Education 20

21 g. Let them have privacy, if requested. h. Do not enter their room/apartment unannounced. i. Let them do as much for themselves as they can. j. Ask instead of tell. k. Be sensitive to people and their belongings. How else can we promote dignity? Assisted Living Education 21

22 Resident Right #1 The Regulations (Title 22 Section 87413(a)(2) and (3)) state that: care and supervision of residents must be provided without physical or verbal abuse, exploitation or prejudice; and the facility must provide for and encourage staff to report observations or evidence of abuse, exploitation or prejudice. Assisted Living Education 22

23 Resident Right #1 The Regulations (Title 22 Section 87707(a)(2)(A)(5)) also state that: Also, facilities that specialize in dementia care must ensure that staff receive regularly scheduled training in promoting resident dignity, independence, individuality privacy and choice. Assisted Living Education 23

24 Resident Right #2 2. To be granted a reasonable level of personal privacy in accommodations, medical treatment, personal care and assistance, visits, communications, telephone conversations, use of the Internet, and meetings of resident and family groups. Privacy. How can you and your staff abide by this Right? Assisted Living Education 24

25 Resident Right #2 Privacy in accommodations: 1. You cannot force a resident to keep his/her door open if they want to close the door, they have the right to. 2. If the room is a semi-private room, do your best to try to provide separate, private space. This can be done with a screen or room divider. 3. If possible, provide a locking drawer or cabinet for the resident s personal property, such as credit cards or checkbooks. Assisted Living Education 25

26 Resident Right #2 Privacy in medical treatment: Keep the resident s medical information confidential and locked up! Do not share this information with anyone except the resident s designated representative and physician or other medical personnel, as applicable. Do not talk about one resident to another. Assisted Living Education 26

27 Resident Right #2 Privacy in personal care and assistance: This goes back to close the door when providing care. Do not discuss a resident s care with another resident. Let the resident make as many choices as possible about their care, i.e., what time their shower will be morning or night. Assisted Living Education 27

28 Resident Right #2 Privacy in visits: When the resident has a visitor, give them privacy either in their room/apartment or a common area. Do not sit with the resident and guest unless you are asked. You must allow the resident to have visitors. If you do not, you will be violating their right. Assisted Living Education 28

29 Resident Right #2 Privacy in communications: If the resident wants to have a discussion with you, take them to a private space. If the resident shares information with you that is personal and confidential, do not share it with your staff or others, unless it is critical to their care and well-being at the facility. Assisted Living Education 29

30 Resident Right #2 Privacy in telephone conversations: If the resident does not have a telephone, you must allow them to use yours. You can charge for long distance calls, but not local calls. When the resident is using the phone, you must give them privacy unless they ask you to be present. Assisted Living Education 30

31 Resident Right #2 Privacy in telephone conversations: Your role in ensuring privacy: Answer a resident s phone only if he/she asks you to. Assist a resident to dial or use the phone, if asked. Leave the room if the resident is on the telephone. Assisted Living Education 31

32 Resident Right #2 Privacy in use of the Internet: If the resident would like to use your computer, you may or may not allow this you would not be violating their rights by not allowing this. If you find that the resident is doing inappropriate things on the internet, you may want to contact their responsible party. Assisted Living Education 32

33 Resident Right #2 Privacy in meetings of resident and family groups: The residents and families have the right to form a resident council and meet privately. You do not attend these meetings unless you are invited! The Ombudsman also has the right to meet with the residents privately. Assisted Living Education 33

34 Resident Right #3 3. To confidential treatment of their records and personal information and to approve their release, except as authorized by law. All resident files must be kept in a locked, confidential area. They should only be accessible to you, your designated staff for emergency purposes, your LPA and the Ombudsman (in certain instances) or other law agencies. Assisted Living Education 34

35 Resident Right #4 4. To be encouraged and assisted in exercising their rights as citizens and as residents of the facility. Residents shall be free from interference, coercion, discrimination, and retaliation in exercising their rights. In an upcoming online course, you will be learning more about Resident and Family Councils and their rights to form these. Assisted Living Education 35

36 Resident Right #4 Note: All licensees are subject to civil penalties for noncompliance with the requirement to assist residents in having a resident council or the requirement to permit the formation of a family council. Both violations are subject to a daily civil penalty of $250 until the violation is corrected. Assisted Living Education 36

37 Resident Right #5 5. To be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment. Does this mean we have to provide a furnished room/apartment for them? The answer is yes if the resident does not have furniture. Can you charge for it? Yes, you may add an additional fee for this if you disclose it in the Admissions Agreement. Assisted Living Education 37

38 Resident Right #5 5. To be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment. You must heat the rooms that the residents occupy to at least 68 degrees, per Title 22 regulations. You must cool the rooms to between degrees or 30 degrees less than the outside temperature. Assisted Living Education 38

39 Resident Right #5 5. To be accorded safe, healthful, and comfortable accommodations, furnishings, and equipment. The facility should be clean, odor free and free of clutter at all times. The front door can be locked as to not allow strangers to come in but cannot be locked in a way that does not allow the residents free access. Assisted Living Education 39

40 Resident Right #6 6. To care, supervision, and services that meet their individual needs and are delivered by staff that are sufficient in numbers, qualifications, and competency to meet their needs. When a resident moves in, a Care Plan must be completed. This will state what care they need/want, when it will be done and who will be responsible for it (i.e., caregivers). Assisted Living Education 40

41 Resident Right #6 The facility must employ staff that is sufficient in numbers and that is trained properly and according to the regulations and statutes. How much staff is enough? It depends on your residents. If you have 6 residents with dementia and they are all elopement risks, would 2 employees be enough? Probably not! Staff training must be done according to the regulations and also be conducted by a qualified trainer and documented otherwise it does not count! Assisted Living Education 41

42 Resident Right #7 7. To be served food of the quality and in the quantity necessary to meet their nutritional needs. Section in Title 22 states the regulations in regard to food service. Make sure you serve the resident foods that are culturally and religiously appropriate (for example, if the resident is Muslim, they will most likely not want to eat pork). Assisted Living Education 42

43 Resident Right #8 8. To make choices concerning their daily life in the facility. What kind of choices does this mean? To wear their own clothing, keep and use their own personal possessions, spend their money; have the freedom to attend religious services or activities; Attend or not attend activities. Assisted Living Education 43

44 Resident Right #9 9. To fully participate in planning their care, including the right to attend and participate in meetings or communications regarding the care and services to be provided in accordance with Section , and to involve persons of their choice in the planning process. The licensee shall provide necessary information and support to ensure that residents direct the process to the maximum extent possible, and are enabled to make informed decisions and choices. Assisted Living Education 44

45 Resident Right #9 To summarize this Right, this means that the resident should be involved to the maximum extent possible when deciding: Care preparing, reviewing and revising a written care plan Their right to make medical decisions, such as DNR s and POLST s. Assisted Living Education 45

46 Resident Right # To be free from neglect, financial exploitation, involuntary seclusion, punishment, humiliation, intimidation, and verbal, mental, physical, or sexual abuse. These examples of elder abuse were discussed in the elder abuse video and training portion of the Initial Live class. Assisted Living Education 46

47 Resident Right # To present grievances and recommend changes in policies, procedures, and services to the staff of the facility, the facility s management and governing authority, and to any other person without restraint, coercion, discrimination, reprisal, or other retaliatory actions. The licensee shall take prompt actions to respond to residents grievances. Assisted Living Education 47

48 Resident Right #11 To summarize this Right, this means that you: 1. Encourage all residents to form and attend resident council meetings and assist them in getting to the meetings, if needed; 2. Have a formal complaint policy in place that addresses who handles complaints, when that person is available (hours and days), in what timeframe, and how the resident will receive the outcome (in writing). Assisted Living Education 48

49 Resident Right #11 To summarize this Right, this means that you: 3. Cannot (and neither can your staff) retaliate or discriminate against any resident who files a complaint with DSS or the Ombudsman. 4. Post the required DSS and Ombudsman complaint posters in a conspicuous place in your facility. Assisted Living Education 49

50 Resident Right #11 To summarize this Right, this means that: 5. Employees MAY NOT use fear or control to prevent a resident from making a grievance. 6. Employees MAY NOT take revenge on a resident who reports a grievance. 7. If a resident requests it, an employee MUST assist them in reporting a grievance. Assisted Living Education 50

51 Resident Right # To contact the State Department of Social Services, the long-term care ombudsman, or both, regarding grievances against the licensee. The licensee shall post the telephone numbers and addresses for the local offices of the State Department of Social Services and ombudsman program, in accordance with Section 9718 of the Welfare and Institutions Code, conspicuously in the facility foyer, lobby, residents activity room, or other location easily accessible to residents. Assisted Living Education 51

52 Resident Right #12 Where do you find these posters that you must post? Ombudsman poster your Ombudsman will bring you this poster. DSS Let-Us-No poster here is the link to download the poster. It must be printed on 20 x27 paper. Assisted Living Education 52

53 Resident Right # To be fully informed, as evidenced by the resident s written acknowledgement, prior to or at the time of admission, of all rules governing residents conduct and responsibilities. In accordance with Section , all rules established by a licensee shall be reasonable and shall not violate any rights set forth in this chapter or in other applicable laws or regulations. Assisted Living Education 53

54 Resident Right #13 What are these rules? Part of your Admission Agreement or package will be House Rules. These are policies for the purpose of making is possible for residents to live together. They can include rules on: Dress code in the common areas Visitor policies, such as visiting hours Pet policies Assisted Living Education 54

55 Resident Right # To receive in the admission agreement a comprehensive description of the method for evaluating residents service needs and the fee schedule for the items and services provided, and to receive written notice of any rate increases pursuant to Sections and Assisted Living Education 55

56 Resident Right #14.Comprehensive description of the method for evaluating residents service needs: This will be done during the regular observation and care of the resident and during reappraisals (at least annually or upon change of condition). Assisted Living Education 56

57 Resident Right #14.Fee schedule for the items and services provided: Your Agreement must state: A comprehensive description of any items and services provided under a single fee, such as a monthly fee for room, board and other items and services; Assisted Living Education 57

58 Resident Right #14.Fee schedule for the items and services provided: Your Agreement must state (cont d): A comprehensive description of, and the fee schedule for, all items and services not included in a single fee. In addition, the Agreement shall indicate that the resident shall receive a monthly statement itemizing all separate charges incurred by the resident ( see note on next page); Assisted Living Education 58

59 Resident Right #14 Your Agreement must state: Note: a facility may assess a separate charge for an item or service ONLY if that separate charge is authorized in the Admissions Agreement. If additional services are available through the facility to be purchased by the resident that were NOT available at the time the Admissions Agreement was signed, a list of these services and charges shall be provided to the resident or their representative. A statement acknowledging the acceptance or refusal to purchase the additional services shall be signed and dated by the resident or their representative and attached to the Admissions Agreement. Assisted Living Education 59

60 Resident Right #14.to receive written notice of any rate increases pursuant to Sections and Rent increases must be done in writing and given to the resident or responsible party at least 60 days in advance of the increase; What if the resident needs a higher level of services? You must give the resident written notice of the rate increase within 2 business days after initially providing services at the new level of care. Assisted Living Education 60

61 Resident Right # To be informed in writing at or before the time of admission of any resident retention limitations set by the state or licensee, including any limitations or restrictions on the licensee s ability to meet residents needs. Your Admission Agreement should specify actions, circumstances or conditions that would result in eviction. Assisted Living Education 61

62 Resident Right #15 Grounds for eviction and limitations: 30 day notice: Nonpayment of the rate for basic services within 10 days of the due date; Failure of the resident to comply with state or local law; Failure to comply with your House Rules; The resident is not appropriate for your facility; or You change the use of your facility. Assisted Living Education 62

63 Resident Right #15 Grounds for eviction and limitations: 3 day notice: resident is engaging in behavior which is a threat to the mental and/or physical health or safety of himself or another resident. It could also be appropriate for residents involved in criminal behavior that threatens the health and safety of residents or facility staff but is not associated with a mental disorder. Prohibited health conditions, such as stage 3 or 4 ulcers (exception hospice residents) Assisted Living Education 63

64 Resident Right # To reasonable accommodation of individual needs and preferences in all aspects of life in the facility, except when the health or safety of the individual or other residents would be endangered. It is important that you and staff get to know your resident s likes and dislikes, their care needs, their socialization needs, their previous profession, etc. in order to help create an individualized care plan. It is also important that your residents to know your facility s House Rules. Assisted Living Education 64

65 Resident Right # To reasonable accommodation of resident preferences concerning room and roommate choices. Sometimes finding a good roommate situation is difficult. Many times, the resident would like to pay for a semi-private room but not have a roommate and that makes it even more difficult. Try introducing the potential roommate prior to move-in rather than on the day of admission in case there is conflict. Assisted Living Education 65

66 Resident Right #17 Roommates what if the resident wants to share a room with a member of the opposite sex? Per this Resident Right, this is allowable. Assisted Living Education 66

67 Resident Right #17 Roommates and hospice: If a resident goes onto hospice and is sharing a room with another person (even a spouse), the roommate must give written consent that they understand they will be sharing a room with a hospice patient and they change their mind at any time. If they do change their mind, do you have another room for them? Assisted Living Education 67

68 Resident Right # To written notice of any room changes at least 30 days in advance unless the request for a change is agreed to by the resident, required to fill a vacant bed, or necessary due to an emergency. It is not often that a facility moves residents from room to room, but there are certain times this will be necessary. For example, if a resident becomes bedridden, they may need to move to a bedridden-designated room. Assisted Living Education 68

69 Resident Right #18 Make sure any room change request is done in writing and notice is given at least 30 days in advance, if required. Can you charge a resident if they request a room change? For example, a resident wishes to move from a studio to a one-bedroom. Yes, you can charge the new room rate. Assisted Living Education 69

70 Resident Right # To share a room with the resident s spouse, domestic partner, or a person of resident s choice when both spouses, partners, or residents live in the same facility and consent to the arrangement. This is very similar to Right #17 regarding roommates. Remember, do not discriminate. Assisted Living Education 70

71 Resident Right # To select their own physicians, pharmacies, privately paid personal assistants, hospice agency, and health care providers, in a manner that is consistent with the resident s contract of admission or other rules of the facility, and in accordance with this act. Assisted Living Education 71

72 Resident Right #20 Select their own physicians: You cannot force a resident to use a certain physician. Some facilities do have visiting physicians that are very convenient for the residents. Make sure that the resident understands that they do not have to use this physician. Assisted Living Education 72

73 Resident Right #20 Select their own pharmacies: Many facilities contract with a specific pharmacy. It is usually very beneficial for a facility to do this they get printed MAR s, free delivery and pick up, and many other services. Can you force a resident to use this pharmacy? No, but you can incentivize them to by offering a lower rate to use this pharmacy. Assisted Living Education 73

74 Resident Right #20 Select their own privately paid personal assistants: Are the residents allowed to utilize outside privately paid companions? Yes, but there are limitations. See the following slides for those limitations. Assisted Living Education 74

75 Resident Right #20 Privately paid companions: Must be fingerprinted and associated with your facility; Must follow your facility s rules and regulations, such as dress code; Can be charged an additional rate by the facility (i.e., second occupant); Assisted Living Education 75

76 Resident Right #20 Privately paid companions: Cannot perform any ADL s that the facility is supposed to be providing; and Cannot assist the resident with medications UNLESS the resident s physician report states that the resident is able to selfadminister and store his/her own medications. Assisted Living Education 76

77 Resident Right #20 Select their own hospice agency and health care providers: Again, you cannot force a resident to use a specific hospice or home health agency but you can give them a list of vendors that you recommend (2-3 would be preferable). Assisted Living Education 77

78 Resident Right # To have prompt access to review all of their records and to purchase photocopies. Photocopied records shall be promptly provided, not to exceed two business days, at a cost not to exceed the community standard for photocopies. Be aware that anything you write down regarding a resident can be subpoenaed and possibly used against you in a court of law. Assisted Living Education 78

79 Resident Right #21 Per Title 22, Section 87506, Licensees and all employees shall only disclose confidential information upon the resident s written consent or consent of the resident s designated representative. Assisted Living Education 79

80 Resident Right # To be protected from involuntary transfers, discharges, and evictions in violation of state laws and regulations. Facilities shall not involuntarily transfer or evict residents for grounds other than those specifically enumerated under state law or regulations, and shall comply with enumerated eviction and relocation protections for residents. For purposes of this paragraph, involuntary means a transfer, discharge, or eviction that is initiated by the licensee, not by the resident. Assisted Living Education 80

81 Resident Right #22 This Right is very similar to Right #15 regarding evictions. You must have good cause in order to issue an eviction letter. Good cause is defined in Title 22, Section Assisted Living Education 81

82 Resident Right # To move from a facility. We are not a prison. If a resident wants to move from the facility, we should make every effort to assist them. Assisted Living Education 82

83 Resident Right # To consent to have relatives and other individuals of the resident s choosing visit during reasonable hours, privately and without prior notice. Can a facility set visiting hours? Yes. Can a facility ask all visitors to sign in and out? Yes, the facility should do this in order to document who is in the facility. Assisted Living Education 83

84 Resident Right #24 Question: A resident has two daughters. They do not like each other. One tells you not to let the other see the mother (your resident). Their mother likes to visit with both of them. Do you honor this? No, you cannot unless there is a specific court order stating this. Tell the daughters that maybe they should not visit on the same day! Assisted Living Education 84

85 Resident Right # To receive written information on the right to establish an advanced health care directive and, pursuant to Section , the licensee s written policies on honoring those directives. During the admission process, you are required to give the resident the Your Right to Make Decisions About Medical Treatment form (PUB 325). Assisted Living Education 85

86 Resident Right #25 Review this publication with the resident and/or responsible party. If a resident has a DNR, POLST or advanced health care directive, it MUST be given to emergency personnel in the event of an emergency. Note: even if a resident has a DNR, you MUST call 911 in the event of an emergency. Assisted Living Education 86

87 Resident Right # To be encouraged to maintain and develop their fullest potential for independent living through participation in activities that are designed and implemented for this purpose, in accordance with Section of Title 22 of the California Code of Regulations. In the Live portion of this certification course, you learn about what activities the facility is required to provide. Assisted Living Education 87

88 Resident Right # To organize and participate in a resident council that is established pursuant to Section Again, this is very similar to previous Resident Rights. You will be learning more about Resident and Family Councils in another part of this online certification course. Assisted Living Education 88

89 Resident Right # To protection of their property from theft or loss in accordance with Sections , , and Part of the Admissions Package must be a statement whether or not the facility will handle residents' money or valuables. If money or valuables will be handled, the method for safeguarding pursuant to Sections 87215, Commingling of Money, 87216, Bonding and 87217, Safeguards for Resident Cash, Personal Property, and Valuables. Assisted Living Education 89

90 Resident Right #28 Per H&S Code (a): A residential care facility for the elderly, which fails to make reasonable efforts to safeguard resident property shall reimburse a resident for or replace stolen or lost resident property at its then current value. What is reasonable? Locking the front door so as to not allow strangers to enter. Encouraging residents to keep their valuables locked in their room/apartment at all times. Assisted Living Education 90

91 Resident Right #28 Per H&S Code (a): A residential care facility for the elderly which fails to make reasonable efforts to safeguard resident property shall reimburse a resident for or replace stolen or lost resident property at its then current value. Assisted Living Education 91

92 The facility must: Resident Right #28 Give the resident and/or responsible party a copy of your facility s theft and loss policy upon admission; Give the residents the LIC 621 form (Personal Property Inventory) to complete upon admission. Post the facility s theft and loss policy in a conspicuous area in your facility; Train your staff on your policies within 90 days of hire. Document stolen or lost property according to regulations. Assisted Living Education 92

93 Resident Right # To manage their financial affairs. A licensee shall not require residents to deposit their personal funds with the licensee. Except as provided in approved continuing care agreements, a licensee, or a spouse, domestic partner, relative, or employee of a licensee, shall not do any of the following: a. Accept appointment as a guardian or conservator of the person or estate of a resident. b. Become or act as a representative payee for any payments made to a resident, without the written and documented consent of the resident or the resident s representative. Assisted Living Education 93

94 Resident Right # shall not do any of the following.. c. Serve as an agent for a resident under any general or special power of attorney. d. Become or act as a joint tenant on any account with a resident. e. Enter into a loan or promissory agreement or otherwise borrow money from a resident without a notarized written agreement outlining the terms of the repayment being given to the resident. Assisted Living Education 94

95 Resident Right # To keep, have access to, and use their own personal possessions, including toilet articles, and to keep and be allowed to spend their own money, unless limited by statute or regulation. What would limit their ability to keep their own toilet articles? If the physician states on the resident s physician report that the resident is at risk if allowed direct access to personal grooming and hygiene items, then the resident must not have access to items such as shampoo, razors, toothpaste, etc. Assisted Living Education 95

96 Resident Right #30 If you see that the resident is spending their money recklessly or inappropriately, or has fallen for a scam, please notify their responsible party and/or the Ombudsman as soon as possible. Although the residents have the right to spend their own money, they may not realize that they are acting irresponsibly and will need some type of intervention. Assisted Living Education 96

97 LIC 613C Form The following slides outline how this form should be completed. Until this form is updated by DSS, continue to provide the old form to the resident and/or responsible party along with a copy of the Resident Rights in Section Assisted Living Education 97

98 LIC 613C Form Assisted Living Education 98

99 LIC 613C Form The facility completes the facility name and address section. The resident and/or responsible party completes and signs the remaining part of upper section. Assisted Living Education 99

100 LIC 613C Form Assisted Living Education 100

101 LIC 613C Form The facility completes the information regarding the Department of Social Services and the Ombudsman. Make sure that you provide the correct address and telephone number! Assisted Living Education 101

102 The Rights of Our Residents As you can see, our residents have many rights. If you have any questions about these, please ask either your supervisor or the Administrator. Assisted Living Education 102

103 Proceed to Test You have completed the class presentation and now you must take the 20 question Final Test. You must score at least 70%, which is 14 or more correct answers, to pass the test. If you do not pass the test, you will be redirected to take the test again. Proceed to the next slide to begin your Final Test. Good Luck! Assisted Living Education 103

104

105 Completion Congratulations on completing this online class for your RCFE Administrator Certification. Assisted Living Education 105

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