S*417 Session 106 (1985-1986)
S*0417(Rat #0177, Act #0118 of 1985) General Bill, By Senate Medical Affairs
Similar(S 316, H 2521)
A Bill to provide a bill of rights for residents of long-term care facilities.
03/26/85 Senate Introduced, read first time, placed on calendar
without reference SJ-1012
04/09/85 Senate Read second time SJ-1406
04/09/85 Senate Ordered to third reading with notice of
amendments SJ-1406
04/10/85 Senate Read third time and sent to House SJ-1446
04/11/85 House Introduced and read first time HJ-2332
04/11/85 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-2332
05/14/85 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-3138
05/21/85 House Read second time HJ-3311
05/22/85 House Read third time and enrolled HJ-3367
05/28/85 Ratified R 177
05/31/85 Signed By Governor
05/31/85 Effective date 05/31/85
05/31/85 Act No. 118
06/11/85 Copies available
(A118, R177, S417)
AN ACT TO PROVIDE A BILL OF RIGHTS FOR RESIDENTS OF LONG-TERM CARE FACILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
Act may be cited
SECTION 1. This act may be cited as the "Bill of Rights for Residents of
Long-term Care Facilities".
Findings
SECTION 2. The General Assembly finds that persons residing within long-term
care facilities are isolated from the community and often lack the means to
assert their rights fully as individual citizens. The General Assembly
recognizes the need for these persons to live within the least restrictive
environment possible in order to retain their individuality and personal freedom.
The General Assembly further finds that it is necessary to preserve the dignity
and personal integrity of residents of long-term care facilities through the
recognition and declaration of rights safeguarding against encroachments upon
each resident's need for self-determination.
Definitions
SECTION 3. As used in this act:
(1) "Long-term care facility" means an intermediate care facility,
nursing care facility, or residential care facility subject to regulation and
licensure by the State Department of Health and Environmental Control
(department).
(2) "Resident" means a person who is receiving treatment or care in
a long-term care facility.
(3) "Representative" means a resident's legal guardian, committee,
or next of kin or other person acting as agent of a resident who does not have
a legally appointed guardian.
Written and oral explanation must be given
SECTION 4. (A) Each resident or his representative must be given by the
facility a written and oral explanation of the rights, grievance procedures, and
enforcement provisions of this act before or at the time of admission to a
long-term care facility. Written acknowledgment of the receipt of the
explanation by the resident or his representative is made a part of the
resident's file. Each facility shall post written notices of the rights in
conspicuous locations in the facility. The written notices must be approved by
the department. The notices must be in a type and a format which is easily
readable by residents and shall describe residents' rights, grievance procedures,
and the enforcement provisions provided by this act.
(B) Each resident and his representative must be informed in writing, prior
to or at the time of admission, of available services and of related charges,
including all charges not covered either under federal or state programs, or by
other third party payers, or by the facility's basic per diem rate. Each
resident and his representative must be informed in writing of any subsequent
change in services or charges.
(C) Each resident or his legal guardian shall receive from his physician a
complete and current description of his diagnosis, plan for treatment, and
prognosis in terms which he is able to understand. Each resident or his legal
guardian has the right to refuse to participate in experimental research.
(D) A resident may be transferred or discharged only for medical reasons, for
the welfare of the resident or for the welfare of other residents of the
facility, or for nonpayment and must be given notice of not less than thirty
days.
(E) Each resident or his representative may manage his personal finances
unless the facility has been delegated in writing to carry out this
responsibility, in which case the resident must be given a quarterly report of
his account.
(F) Each resident must be free from mental and physical abuse and free from
chemical and physical restraints except those restraints ordered by a physician.
(G) Each resident must be assured security in storing personal possessions and
confidential treatment of his personal and medical records and may approve or
refuse their release to any individual outside the facility, except in the case
of his transfer to another health care institution or as required by law or
third-party payment contract.
(H) Each resident must be treated with respect and dignity and assured privacy
during treatment and when receiving personal care.
(I) Each resident must be assured that he will not be required to perform
services for the facility that are not for therapeutic purposes as identified in
the plan of care for the resident.
(J) Each resident must be allowed to associate and communicate privately with
persons of his choice and be assured freedom and privacy in sending and receiving
mail.
(K) Each resident may meet with and participate in activities of social,
religious, and community groups at his discretion unless medically
contraindicated by written medical order.
(L) Each resident must be able to keep and use personal clothing and
possessions as space permits unless it infringes on any other resident's rights.
(M) Each resident must be assured privacy for visits of a conjugal nature.
(N) Married residents must be permitted to share a room unless medically
contraindicated by the attending physician in the medical record.
Anti-discrimination provision
SECTION 5. Each resident must be offered treatment without discrimination as to
sex, race, color, religion, national origin, or source of payment.
Grievance procedures
SECTION 6. Each facility shall establish grievance procedures to be exercised
by or on behalf of the resident to enforce the rights provided by this act. The
department shall review and approve these grievance procedures annually. This
act is enforced by the department. The department may promulgate regulations to
carry out the provisions of this act.
Operator shall not retaliate
SECTION 7. No facility by or through its owner, administrator, or operator, or
any person subject to the supervision, direction, or control of the owner,
administrator, or operator shall retaliate against a resident after the resident
or the resident's legal representative has engaged in exercising rights under
this act by increasing charges, decreasing services, rights, or privileges, or
by taking any action to coerce or compel the resident to leave the facility or
by abusing or embarrassing or threatening any resident in any manner.
Time effective
SECTION 8. This act shall take effect upon approval by the Governor. |