RCFE / Assisted Living Fact Sheets:
Outline of Residents' Rights

I. Admission Rights

1. Admission Agreements (Contracts)
   1. All basic services provided under a single fee must be listed in the agreement. (H&S 1569.884(a), 1569.312, CCR 87568(c)(1))
   2. All optional services and their costs must be listed in the agreement. (H&S 1569.884(b), CCR 87568(c)(3)(B))
   3. Conditions for rate increases pursuant to 1569.655 must be included in the agreement. (H&S 1569.884(f), 1569.655, 87568(c)(4))
   4. The agreement must include an explanation of third party services related to the resident?s service plan and how they may be arranged. (H&S 1569.884(d))
   5. The agreement must include a copy of the residents? rights. (H&S 1569.885(d))
   6. There must be an explanation in the agreement of the availability of special telecommunications devices for the deaf or hard of hearing or for persons with other disabilities. (H&S 1569.159, CCR 87568(b))
   7. The agreement must include the facility?s visiting policy. (H&S 1569.884(g), 1569.313, CCR 87572(a)(10), 87568(c)(9))
   8. Conditions under which the agreement may be terminated must be stated. (H&S 1569.884(i), CCR 87568(c)(10))
   9. Residents or resident representatives shall receive a copy of the signed and dated agreement. (H&S 1569.887(c))
2. Rates and Payment
   1. The provisions for payment, e.g., payor, due date, etc., must be stated in the agreement. (H&S 1569.884(e), CCR 87568(c)(3))
   2. The facility must provide a 60 day written notice for rate increases and increases in any rate structures for services as stated in the admission agreement. (H&S 1569.655)
   3. The agreement must include the SSI rate and payment provisions for any resident receiving SSI/SSP. (CCR 87101(b)(1), 87568(c)(4), 87590(e))
   4. The facility cannot charge any form of pre-admission fee to SSI/SSP recipients. (H&S 1569.651)
   5. The facility cannot charge any nonrecurring lump-sum fees. (H&S 1569.655)
   6. A facility may assess a separate charge for an item or service only if it is included in the admission agreement. (H&S 1569.651(d), 1569.884(c))
3. Financial Pre-Conditions
   1. The agreement cannot require disclosure of fund sources for fee payment. (CCR 87568(c)(3)(E))
   2. The agreement shall not include unlawful waivers of facility liability for the health and safety or personal property of residents. (H&S 1569.883(a), 1569.883(a), CCR 87568(g))
4. Security Deposits/Refunds
   1. Facilities are not allowed to charge security or damage deposits. (H&S 1569.651, CCL Policy Memorandum, January 15, 1998)
   2. The facility must make a refund of previously paid monthly fees when the licensing agency orders a relocation of a resident. (CCR 87568(c)(5)(A))
   3. Facilities cannot charge beyond the date of a resident?s death unless agreed to in writing or ordered by the court. (CCR 87568(h))

II. Transfer & Discharge Rights

1. Eviction Criteria
   Residents cannot be evicted unless at least one of the following five conditions are met:
   1. Nonpayment within 10 days of the due date. (CCR 87589(a)(1))
   2. Failure of the resident to comply with state or local law. (CCR 87589(a)(2))
   3. Failure of the resident to comply with general policies of the facility (the policies must be reasonable and included in the admission agreement). (CCR 87589(a)(3), H&S 1569.885(a))
   4. It is determined that the facility is no longer appropriate for the resident after reappraisal. (CCR 87589(a)(4))
   5. Change of use of the facility. (CCR 87589(a)(5))
2. Licensing?s Authority to Relocate
   1. The licensing agency has the authority to relocate residents for ?prohibited health conditions? if it provides written notice to the resident and the licensee. (H&S 1569.54(b)(1), CCR 87701)
   2. If the resident poses immediate danger to self or others, the licensing agency reserves the right to relocate the resident, without notice, after contacting the resident?s physician. (H&S 1569.54(a)(2))
   3. The licensing agency can close a facility under a temporary suspension order, and all residents can be relocated immediately. (H&S 1569.50 & 1569.54(c), CCR 87342(c), 87342.1)
3. Transfer and Discharge Protections
   1. Eviction policies and procedures must be stated in the agreement. (H&S 1569.886, CCR 87568(c)(8), 87589)
   2. The agreement cannot modify or add to any of the 5 legal conditions for eviction. (H&S 1569.886(b), CCR 87568(c)(8))
4. Preparation Prior to Transfer or Eviction
   1. For licensing ordered relocation, the facility must prepare a written relocation plan to reduce the resident?s stress and potential for transfer trauma. (H&S 1569.54(b)(2), CCR 87701.3(b)(2))
5. Eviction Notices
   1. The facility is required to give a 30-day written notice to evict. (CCR 87589(a))
   2. When the resident is exhibiting behavior threatening to him/herself or others, the licensing agency can permit a 3-day notice of eviction. (CCR 87589(b))
   3. The notice must be sent to the resident and his/her agent or legal representative, stating the reason(s) for the eviction. (CCR 87589(c)&(d))
6. Appealing Proposed Transfer or Eviction
   1. The resident and resident?s representative have the right to file a complaint with licensing about the eviction process or reasons for eviction. (H&S 1569.35, CCR 87589(e))
   2. The resident or resident?s representative can request an independent review by an interdisciplinary team of the licensing agency?s relocation order. (H&S 1569.54(b) and CCR 87701.5)

III. Rights within Facility

1. Notice of Rights
   1. The admission agreement must include a copy of residents? rights. (H&S 1569.885(d))
   2. In facilities licensed for 7 or more beds, a copy of residents? rights, or instructions on how to obtain a copy must be prominently posted in areas accessible to residents and relatives. (CCR 87572(c)(2))
   3. Copies of resident rights shall be posted in English, and in facilities where a significant portion of residents cannot speak English, in the language they can read. (CCR 87572(d))
2. Basic Needs & Basic Dignity
   Residents have the right to the following:
   1. To be accorded dignity in all relationships. (CCR 87572(a)(1))
   2. Be in a safe, healthful, and comfortable environment. (CCR 87572(a)(2))
   3. Be free from corporal or unusual punishment, humiliation, intimidation, mental abuse or other punitive actions. (CCR 87572(a)(3))
   4. Wear own clothes, keep and use own personal items, and keep and handle own money. (CCR 87572(a)(12))
3. Health Care Decisions
   1. The facility cannot require the purchase of medications or medical equipment from a particular source. (H&S 1569.314)
   2. The resident has the right to execute advance directives. (H&S 1569.156)
   3. The resident has the right to receive or reject medical care or other services. (CCR 87572(a)(16))
   4. Family or legal representatives must be regularly informed of care and service activities and ongoing evaluations. (CCR 87572(a)(8))
4. Autonomy
   1. Residents have the right to form a resident council. (H&S 1569.157)
   2. Family members have the right to form a family council. (H&S 1569.158)
   3. Residents can attend religious services or activities of choice. (CCR 87572(a)(5))
   4. Residents can leave and depart facility freely and not be locked into a room. (CCR 87572(a)(6))
   5. Residents have the right to receive assistance in exercising right to vote. (CCR 87572(a)(17))
   6. Residents have the right to move from the facility. (CCR 87572(a)(18))
5. Privacy/Confidentiality/Access
   1. Residents have the right to visit privately, without prior notice, with persons of their own choosing, including ombudsmen and other advocacy representatives. (W&I 9722 (c) and CCR 87572(a)(11))
   2. Residents have the right to reasonable access to telephones. (CCR 87572(a)(14))
   3. Residents have the right to receive mail and correspondence promptly and unopened.(CCR 87572(a)(15))
   4. The facility must promptly respond to communications by residents? family members and legal representatives. (CCR 87572(a)(9))
6. Protection of Funds/Property
   1. The licensee must inform the resident of the facility?s obligation to safeguard the resident?s property. (H&S 1569.152, 1569.153, 1569.154)
   2. The licensee shall provide access to individual storage space for private use. (CCR 87572(a)(13))
7. Filing Complaints
   1. The facility must inform residents of the right and procedure to file complaints with licensing. (CCR 87572(a)(4))
   2. Any person can file a complaint with licensing. (H&S 1569.35(a))
   3. In facilities licensed for 7 or more, the facility must prominently post procedures for filing confidential complaints. (CCR 87572(c)(1))
   4. The licensee must notify residents that licensing reports are available for review. (H&S 1569.38)
8. Complainant?s Rights (H&S 1569.35)
   The licensing department shall:
   1. Inform complainant promptly of licensing?s proposed course of action.
   2. Make an onsite investigation within 10 days of receiving the complaint.
   3. Protect, upon request, the confidentiality of the complainant.
   4. Notify the complainant of the results of the investigation.

H&S refers to California Health and Safety Code; W&I refers to California Welfare and Institutions Code; and CCR refers to the California Code of Regulations, Title 22, Division 6, Chapter 8: Residential Care Facilities for the Elderly.

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