18 CRR-NY 489.9NY-CRR
18 CRR-NY 489.9
18 CRR-NY 489.9
489.9 Resident protections.
(a) Resident rights and responsibilities.
(1) Each operator shall adopt a statement of the rights and responsibilities of residents and shall treat each resident in accord with the principles contained in the statement.
(2) A copy of the statement of rights issued by the department shall be posted in a conspicuous location in a public area of the home.
(3) At a minimum, the operator shall afford each resident the following rights and protections:
(i) A resident's civil rights shall not be infringed.
(ii) A resident's religious liberties shall not be infringed.
(iii) A resident shall have the right to have private, written and verbal communications with anyone of his/her choice.
(iv) A resident shall have the right to present grievances on his/her behalf or the behalf of other residents, to the operator, the department or other government officials or any other party without fear of reprisal.
(v) A resident shall have the right to join with other residents or individuals to work for improvements in resident care.
(vi) A resident shall have the right to manage his or her own financial affairs.
(vii) A resident shall have the right to privacy in his/her own room and in caring for personal needs.
(viii) A resident shall have the right to confidential treatment of personal, social, financial and health records.
(ix) A resident shall have the right to receive courteous, fair and respectful care and treatment at all times and shall not be physically, mentally or emotionally abused or neglected in any manner.
(x) A resident shall not be restrained nor locked in a room at any time.
(xi) A resident shall have the right to receive and to send mail or any other correspondence unopened and without interception or interference.
(xii) A resident shall be permitted to leave and return to the home at reasonable hours.
(xiii) A resident shall not be obliged to perform work.
(xiv) A resident shall not be permitted, or obliged, to provide any operator or agent of the operator any gratuity in any form for services provided or arranged for in accord with law or regulation.
(xv) A resident must have the right to have his/her version of the events leading to an accident or incident in which such resident is involved included on all accident or incident reports.
(b) Resident funds and valuables.
(1) An operator who receives or returns any funds or property of a resident or who acts in any way as a financial agent for a resident, either formally or informally, shall issue a signed receipt to the resident noting the date, amount and description of property. A copy of the receipt must be maintained as part of the operator's permanent records.
(2) Resident fund accounts.
(i) The operator shall offer a resident in receipt of Supplemental Security Income or Home Relief benefits and may offer other residents an opportunity to place personal funds in a home-maintained account.
(ii) The operator shall not require a resident to maintain a personal fund account at the home against the resident's wish.
(iii) The operator shall provide for the safekeeping and accountability of resident funds.
(iv) The operator shall hold resident funds in trust for the sole use of the resident and shall not use these funds for any other purpose.
(v) Resident funds shall not be commingled with the personal funds of the operator or the operating funds of the home or become an asset of the operator.
(vi) The resident may terminate the personal fund account at any time.
(vii) No service fee shall be charged by the operator for maintaining a fund account for a resident.
(viii) The operator shall use the Individual Resident Fund Account Record (DSS-3633) to document all resident fund transactions and current balance. No alternate system may be substituted without the prior written approval of the local department of social services. Any alternate system must meet all the requirements of paragraph (2) of this subdivision.
(ix) The operator shall maintain additional documentation of withdrawals and deposits, including paid bills, vouchers and receipts.
(x) The operator shall summarize and reconcile resident fund account balances to the total of resident funds maintained by the home at least quarterly.
(xi) Upon change of operator, the current operator shall transfer all funds and records and provide the new operator with a written statement of all resident personal fund accounts. This statement shall verify that the balance being transferred in each resident fund account is true and accurate as of the date of transfer and shall be confirmed by resident signatures.
(xii) Each resident shall have the reasonable opportunity to access his/her personal funds, to make transactions and to examine his/her personal fund account records upon request.
(xiii) A system of recordkeeping for resident personal funds shall be approved by the local department of social services.
(3) Each resident who is receiving Supplemental Security Income or Home Relief benefits and who is entitled to a monthly personal allowance by section 485.12(b) or 352.8(c) of this Title shall be afforded the following protections:
(i) Each resident must receive a personal allowance equal to the amount stipulated by section 485.12(b) or 352.8(c) of this Title.
(ii) Any waiver of the right of an SSI or HR recipient to a personal allowance shall be void.
(iii) The personal allowance shall, at the discretion of the resident, be used in obtaining clothing, personal hygiene items, and any other supplies, services, entertainment or transportation for personal use not otherwise provided by the operator pursuant to law and regulations.
(iv) The operator shall not demand, require or contract for payment of any part of the personal allowance in satisfaction of the basic rate charged for supplies and services.
(v) Any individual who has not received or been able to control his/her personal allowance to the extent and in the manner required by section 131-o of the Social Services Law may maintain an action in his own behalf for recovery of any such funds and, upon a showing that the funds were intentionally withheld or misappropriated to other than the intended use, for recovery of additional punitive damages in an amount equal to twice the amount misappropriated or withheld.
(vi) The department may investigate any suspected misappropriation or withholding of personal allowance funds and may maintain an action on behalf of any individual or group of individuals to recover any funds so misappropriated or withheld, including any punitive damages.
(vii) In any case where the operator is suspected of misappropriating a resident's personal allowance, the department or its designee shall investigate and where appropriate, take the steps necessary to insure recovery of resident funds, including referral for prosecution. Funds recovered in this manner shall be given to the respective resident or credited to his/her personal allowance account at the earliest possible date.
(viii) Any person who intentionally withholds, comingles, borrows or pledges the personal allowance of an SSI recipient, or who demands, beneficially receives or contracts for payment of all or any part of the personal allowance in satisfaction of the facility rate for supplies and services shall be guilty of a class A misdemeanor.
(4) Resident valuables.
(i) The operator may offer a resident the opportunity to place property or items of value in the operator's custody.
(ii) The operator shall maintain inventory records and provide for the security of all property or items of value which the resident has voluntarily given to the operator to hold in custody or to exercise control over.
(iii) The operator shall obtain written authorization from the resident to hold property or items of value and shall provide each resident with a receipt therefor.
(iv) Resident property or items of value shall be segregated from the assets of the operator.
18 CRR-NY 489.9
Current through July 31, 2021
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