Ohio Administrative Code|Rule 5122-30-22 | Resident rights and grievance procedure for class one facilities.

                                                
(A) The operator shall be responsible for assuring the
		  compliance by the facility with all resident rights. Facility violations of
		  resident rights shall be regarded as sufficient cause to institute proceedings
		  to deny or revoke the facility's license.
(B) In addition to the definitions appearing in rule
		  5122-30-03 of the Administrative Code, the following definitions apply to this
		  rule:
(1) "Grievance"
			 means a written complaint initiated either verbally or in writing by a resident
			 or by any other person or agency on behalf of a resident regarding denial or
			 abuse of any resident's rights.
(2) "Reasonable" means a standard for what is
			 fair and appropriate under usual and ordinary circumstances.
(3) "Resident rights
			 advocate" means the residential facility staff , or a representative of
			 the state long-term care ombudsman program, with responsibility for
			 implementing the grievance procedure.
(C) Each facility shall have the
		  following:
(1) Written resident
			 rights policy that lists all of the resident rights identified in this
			 rule;
(2) Written resident
			 grievance procedure, written in a manner that residents can understand and
			 which allows for reasonable accommodation for residents with
			 disabilities;
(3) Policy for
			 maintaining for at least three years from resolution, records of resident
			 grievances that include, at a minimum, the following:
(a) Copy of the grievance;
(b) Documentation reflecting process used and
				resolution/remedy of the grievance; and,
(c) Documentation, if applicable, of extenuating
				circumstances for extending the time period for resolving the grievance beyond
				twenty-one calendar days.
(D) Posting of resident
		  rights.
The resident rights policy, the grievance
		  procedure, and the name of the resident rights advocate shall be posted in a
		  conspicuous location that is readily accessible to all residents.
(E) Each resident has all of the
		  following rights.
(1) The right to be
			 verbally informed of all resident rights in language and terms appropriate for
			 the residents understanding, prior to or at the time of residency,
			 absent a crisis or emergency.
(2) The right to request
			 a written copy of all resident rights and the grievance procedure.
(3) The right to exercise
			 one's own rights without reprisal, except that no right extends so far as
			 to supersede health and safety considerations.
(4) The right to file a
			 grievance. 
(5) The right to be
			 treated all times with courtesy and respect, and with consideration for
			 personal dignity, autonomy and privacy. 
(6) The right to receive
			 services in the least restrictive, feasible environment. 
(7) The right to receive
			 humane services in a clean, safe, comfortable, welcoming, stable and supportive
			 environment. 
(8) The right to
			 reasonable protection from physical, sexual and emotional abuse, neglect, and
			 exploitation. 
(9) The right to freedom
			 from unnecessary or excessive medication, and the right to decline medication,
			 except a class one facility which employs staff authorized by the Ohio Revised
			 Code to administer medication and when there is imminent risk of physical harm
			 to self or others.
(10) The right to be free
			 from restraint or seclusion unless there is imminent risk of physical harm to
			 self or others.
(11) The right to be
			 advised and the right to refuse observation by others and by techniques such as
			 one-way vision mirrors, tape recorders, video recorders, television, movies,
			 photographs or other audio and visual technology. This right does not prohibit
			 a facility from using closed-circuit monitoring to observe seclusion rooms or
			 other areas in the facility, other than bathrooms or sleeping areas, or other
			 areas where privacy is reasonably expected, e.g. a medical examination
			 room.
(12) The right to
			 confidentiality of communications and personal identifying information within
			 the limitations and requirements for disclosure of resident information under
			 state and federal laws and regulations. 
(13) The right to have
			 access to one's own record unless access to certain information is
			 restricted for clear treatment reasons. If access is restricted, a
			 treatment/service plan shall include the reason for the restriction, a goal to
			 remove the restriction, and the treatment/service being offered to remove the
			 restriction. 
(14) The right to be
			 informed of one's own condition. 
(15) The right not to be
			 discriminated against on the basis of race, ethnicity, age, color, religion,
			 gender, national origin, sexual orientation, physical or mental disability,
			 developmental disability, genetic information, human immunodeficiency virus
			 status, or in any manner prohibited by local, state or federal laws.
			 
(16) The right to
			 practice a religion of his or her choice or to abstain from the practice of
			 religion. 
(17) The right to be
			 informed in writing of the rates charged by the facility as well as any
			 additional charges, and to receive thirty days notice in writing of any
			 change in the rates and charges.
(18) The right to reside
			 in a class one residential facility, as available and appropriate to the type
			 of care or services that the facility is licensed to provide, regardless of
			 previous residency, unless there is a valid and specific necessity which
			 precludes such residency. This necessity shall be documented and explained to
			 the prospective resident.
(19) The right to
			 continued residency unless the facility is no longer able to meet the
			 residents care needs; the resident presents a documented danger to other
			 residents, staff or visitors; or the monthly charges have not been paid for
			 more than thirty days.
(20) The right not to be
			 locked out of the facility at any time.
(21) The right of adult
			 residents not to be locked in the facility at any time for any
			 reason.
(22) The right to consent
			 to or refuse treatment or services, or if the resident has a legal custodian,
			 the right to have the legal custodian make decisions about treatment and
			 services for the resident.
(23) The right to consult
			 with an independent treatment specialist or legal counsel at one's own
			 expense.
(24) The right to
			 communicate freely with and be visited without staff present at reasonable
			 times by private counsel and, unless prior court restriction has been obtained,
			 to communicate freely with and be visited at reasonable times by a personal
			 physician, psychologist or other health care providers, except that employees
			 of a board, a provider, personnel of the Ohio protection and advocacy system,
			 or representatives of the state long-term-ombudsman program may visit at any
			 time when permitted by the Revised Code.
The right to communicate includes receiving
			 written communications, which may be opened and inspected by facility staff in
			 the presence of the resident recipient so long as the communication is then not
			 read by the staff and given immediately to the resident.
(25) The right to meet
			 with staff from the Ohio department of mental health and addiction services in
			 private.
(26) The right not to be
			 deprived of any legal rights solely by reason of residence in the
			 facility.
(27) The right to
			 personal property and possessions:
(a) The right of an adult resident to retain personal
				property and possessions.
(b) The right of a child resident to personal property and
				possessions in accordance with ones health and safety considerations,
				and developmental age, and as permitted by his/her parent or
				guardian.
(28) The right of an
			 adult resident to manage his/her own financial affairs, and to possess a
			 reasonable sum of money.
(29) The right to use the
			 common areas of the facility.
Adult residents shall have right of access to
			 common areas at all times.
Children and adolescent residents shall have
			 the right of access to common areas in accordance with the facilitys
			 program schedule.
(30) The right to engage
			 in or refrain from engaging in activities:
(a) The right of an adult to engage in or refrain from
				engaging in cultural, social or community activities of the residents
				own choosing in the facility and in the community.
(b) The right of a child or adolescent to access cultural
				and social activities.
(31) The right to meet or
			 communicate with family or guardians, and visitors and guests:
(a) The right of an adult:
(i) To reasonable privacy
				  and the freedom to meet with visitors and guests at reasonable
				  hours.
(ii) To make and/or
				  receive confidential phone calls, including free local calls.
(iii) To write or receive
				  uncensored, unopened correspondence subject to the facility's rules
				  regarding contraband.
(b) The right of a minor:
(i) To visitors and to
				  communicate with family, guardian, custodian, friends and significant others
				  outside the facility in accordance with instructions from the minors
				  parent or legal guardian.
(ii) To write or receive
				  mail subject to the facility's rules regarding contraband and directives
				  from the parent or legal guardian, when such rules and directives do not
				  conflict with federal postal regulations.
(32) The right to be free
			 from conflicts of interest; no residential facility employee may be a
			 resident's guardian, custodian, or representative with the exception of an
			 employee that has a previously established legal relationship to a resident,
			 e.g. parent, spouse or child if permitted by facility policy.
(F) Provision of client
		  rights.
(1) The provider shall
			 explain and maintain documentation in the resident's record an explanation
			 of rights to each person served prior to or when beginning
			 residency.
(2)  In a crisis or
			 emergency situation, the provider may verbally advise the resident of at least
			 the immediately pertinent rights only, such as the right to consent to or to
			 refuse the offered treatment and the consequences of that agreement or refusal.
			 Full verbal explanation of the resident rights policy shall be provided at the
			 first appropriate occasion, based upon the residents
			 functioning.
(3) Explanations of
			 rights shall be in a manner appropriate for the person's
			 understanding.
(G) All staff shall be trained on and
		  follow the resident rights policy and resident grievance procedure. There shall
		  be documentation in each employee's personnel file, including contract
		  staff, volunteers and student interns that each staff member has received a
		  copy of the resident rights policy and the resident grievance procedure and has
		  agreed to abide by them.
(H) The resident rights advocate, or
		  designee, shall:
(1) Be promptly
			 accessible; and,
(2) Have their name,
			 title, location, hours of availability, and telephone number included with the
			 posting of resident rights as required by paragraph (D) of this
			 rule.
(I) The resident grievance procedure
		  shall have provisions for at least the following:
(1) Statement to whom the
			 resident is to give the grievance;
(2) Designation of staff
			 who will be available to assist a resident in filing of a
			 grievance;
(3) Requirement that the
			 grievance must be put into writing; the grievance may be made verbally and the
			 resident rights advocate shall be responsible for preparing a written text of
			 the grievance;
(4) Requirement that the
			 written grievance must be dated and signed by the resident, the individual
			 filing the grievance on behalf of the resident, or have an attestation by the
			 resident rights advocate that the written grievance is a true and accurate
			 representation of the residents grievance;
Grievances may not be made anonymously, but
			 grievance procedure shall provide method for confidential submission of
			 grievance. Resident rights advocate shall keep such submissions and subsequent
			 investigations confidential.
(5) Requirement that the
			 grievance include, if available, the date, approximate time, description of the
			 incident and names of individuals involved in the incident or situation being
			 grieved;
(6) Statement that the
			 program will make a resolution decision on the grievance within twenty-one
			 business days of receipt of the grievance. Any extenuating circumstances
			 indicating that this time period will need to be extended must be documented in
			 the grievance file and written notification given to the resident;
(7) Statement that a
			 resident has the option to file a grievance with outside organizations, that
			 include, but are not limited to, the following, with the mailing address and
			 telephone numbers for each stated: 
(a) Applicable board for residents receiving mental health
				services;
(b) Ohio department of mental health and addiction
				services;
(c) Disability rights Ohio; or,
(d) U.S. department of health and human services, civil
				rights regional office in Chicago.
(8) Requirement that a
			 written acknowledgment of receipt of the grievance be provided to each
			 grievant. Such acknowledgment shall be provided within three business days from
			 receipt of the grievance. The written acknowledgment shall include, but not be
			 limited to, the following:
(a) Date grievance was received;
(b) Summary of grievance;
(c) Overview of grievance investigation
				process;
(d) Timetable for completion of investigation and
				notification of resolution; and,
(e) Treatment provider contact name, address and telephone
				number