Section 47.33.300. Residents' rights.

   (a) Subject to (c) of this section, a resident of an assisted living home has the right to
        (1) live in a safe and sanitary environment;
        (2) be treated with consideration and respect for personal dignity, individuality, and the need for privacy, including privacy in
             (A) a medical examination or health-related consultation;
             (B) the resident's room or portion of a room;
             (C) bathing and toileting, except for any assistance in those activities that is specified in the resident's assisted living plan; and
             (D) the maintenance of personal possessions and the right to keep at least one cabinet or drawer locked;
        (3) possess and use personal clothing and other personal property, unless the home can demonstrate that the possession or use of certain personal property would be unsafe or an infringement of the rights of other residents;
        (4) engage in private communications, including
             (A) receiving and sending unopened correspondence;
             (B) having access to a telephone, or having a private telephone at the resident's own expense; and
             (C) visiting with persons of the resident's choice, subject to visiting hours established by the home;
        (5) close the door of the resident's room at any time, including during visits in the room with guests or other residents;
        (6) at the resident's own expense unless otherwise provided in the residential services contract, participate in and benefit from community services and activities to achieve the highest possible level of independence, autonomy, and interaction with the community;
        (7) manage the resident's own money;
        (8) participate in the development of the resident's assisted living plan;
        (9) share a room with a spouse if both are residents of the home;
        (10) have a reasonable opportunity to exercise and to go outdoors at regular and frequent intervals, when weather permits;
        (11) exercise civil and religious liberties;
        (12) have access to adequate and appropriate health care and health care providers of the resident's own choosing, consistent with established and recognized standards within the community;
        (13) self-administer the resident's own medications, unless specifically provided otherwise in the resident's assisted living plan;
        (14) receive meals that are consistent with religious or health-related restrictions;
        (15) receive the prior notice of relocation of the home or the home's intent to terminate the residential services contract of the resident required by AS 47.33.080 and 47.33.360, respectively;
        (16) present to the home grievances and recommendations for change in the policies, procedures, or services of the home;
        (17) at the resident's own expense unless otherwise provided in the residential services contract, have access to and participate in advocacy or special interest groups;
        (18) at the resident's own expense unless otherwise provided in the residential services contract, intervene or participate in, or refrain from participating in, adjudicatory proceedings held under this chapter, unless provided otherwise by other law; and
        (19) reasonable access to home files relating to the resident, subject to the constitutional right of privacy of other residents of the home.
   (b) An assisted living home may not establish or apply a policy, procedure, or rule that is inconsistent with or contrary to a right provided by this section or by other law.
   (c) The rights set out in (a)(3), (4), (7), (12), and (14) of this section do not create an obligation for an assisted living home to expend money for the specified rights unless otherwise provided in the residential services contract.

Authorities

47.33.070;47.33.310

Notes

References

7 AAC 47.475
AS 47.33.070 Resident files.
AS 47.33.310 Notice of rights.

History

(Sec. 1 ch 130 SLA 1994)