OAR 411-054-0027
Resident Rights and Protections

(1) The facility must implement a residents’ Bill of Rights. Each resident and the resident’s designated representative, if appropriate, must be given a copy of the resident’s rights and responsibilities before moving into the facility. The Bill of Rights must state that residents have the right:
(a) To be treated with dignity and respect.
(b) To be given informed choice and opportunity to select or refuse service and to accept responsibility for the consequences.
(c) To participate in the development of their initial service plan and any revisions or updates at the time those changes are made.
(d) To receive information about the method for evaluating their service needs and assessing costs for the services provided.
(e) To exercise individual rights that do not infringe upon the rights or safety of others.
(f) To be free from neglect, financial exploitation, verbal, mental, physical, or sexual abuse.
(g) To receive services in a manner that protects privacy and dignity.
(h) To have prompt access to review all of their records and to purchase photocopies. Photocopied records must be promptly provided, but in no case require more than two business days (excluding Saturday, Sunday, and holidays).
(i) To have medical and other records kept confidential except as otherwise provided by law.
(j) To associate and communicate privately with any individual of choice, to send and receive personal mail unopened, and to have reasonable access to the private use of a telephone.
(k) To be free from physical restraints and inappropriate use of psychoactive medications.
(l) To manage personal financial affairs unless legally restricted.
(m) To have access to, and participate in, social activities.
(n) To be encouraged and assisted to exercise rights as a citizen.
(o) To be free of any written contract or agreement language with the facility that purports to waive their rights or the facility’s liability for negligence.
(p) To voice grievances and suggest changes in policies and services to either staff or outside representatives without fear of retaliation.
(q) To be free of retaliation after they have exercised their rights provided by law or rule.
(r) To have a safe and homelike environment.
(s) To be free of discrimination in regard to race, color, national origin, gender, sexual orientation, or religion.
(t) To receive proper notification if requested to move-out of the facility, and to be required to move-out only for reasons stated in OAR 411-054-0080 (Involuntary Move-out Criteria) (Involuntary Move-out Criteria) and have the opportunity for an administrative hearing, if applicable.
(2) HCBS RIGHTS.
(a) Effective January 1, 2016 for providers initially licensed after January 1, 2016, and effective no later than June 30, 2019 for providers initially licensed before January 1, 2016 the following rights must include the freedoms authorized by 42 CFR 441.301 (Payment of expenses when income inadequate)(c)(4) & 42 CFR 441.530 (Policy)(a)(1):
(A) Live under a legally enforceable residency agreement.
(B) The freedom and support to access food at any time.
(C) To have visitors of the resident’s choosing at any time.
(D) Choose a roommate when sharing a bedroom.
(E) Furnish and decorate the resident’s bedroom according to the Residency Agreement.
(F) The freedom and support to control the resident’s schedule and activities.
(b) The rights described in (B) through (F) of this section must meet the requirements set forth in OAR 411-054-0038 (Individually-Based Limitations) and shall not be limited without the informed, written consent of the resident or the resident’s representative, and approved by the person-centered service plan coordinator.
(3) Licensees and facility personnel may not act as a resident’s guardian, conservator, trustee, or attorney-in-fact unless related by birth, marriage, or adoption to the resident, as follows, parent, child, brother, sister, grandparent, grandchild, aunt or uncle, or niece or nephew. An owner, administrator, or employee may act as a representative payee for the resident or serve in other roles as provided by law.
(4) Licensees and facility personnel may not spend resident funds without the resident’s consent.
(a) If the resident is not capable of consenting, the resident’s representative must give consent.
(b) If the resident has no representative and is not capable of consenting, licensees and facility personnel must follow the requirements described in OAR 411-054-0085 (Refunds and Financial Management) and may not spend resident funds for items or services that are not for the exclusive benefit of the resident.

Source: Rule 411-054-0027 — Resident Rights and Protections, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=411-054-0027.

411‑054‑0000
Purpose 411‑054‑0005
Definitions 411‑054‑0010
Licensing Standard 411‑054‑0012
Requirements for New Construction or Initial Licensure 411‑054‑0013
Application for Initial Licensure and License Renewal 411‑054‑0016
New Applicant Qualifications 411‑054‑0019
Change of Ownership or Management 411‑054‑0025
Facility Administration 411‑054‑0026
Notice to Potential Residents 411‑054‑0027
Resident Rights and Protections 411‑054‑0028
Abuse Reporting and Investigation 411‑054‑0030
Resident Services 411‑054‑0034
Resident Move-In and Evaluation 411‑054‑0036
Service Plan — General 411‑054‑0038
Individually-Based Limitations 411‑054‑0040
Change of Condition and Monitoring 411‑054‑0045
Resident Health Services 411‑054‑0050
Infection Prevention and Control 411‑054‑0055
Medications and Treatments 411‑054‑0060
Restraints and Supportive Devices 411‑054‑0065
Administrator Qualifications and Requirements 411‑054‑0070
Staffing Requirements and Training 411‑054‑0080
Involuntary Move-out Criteria 411‑054‑0085
Refunds and Financial Management 411‑054‑0090
Fire and Life Safety 411‑054‑0093
Emergency and Disaster Planning 411‑054‑0100
Exceptions and Waivers 411‑054‑0105
Inspections and Investigations 411‑054‑0106
Regulatory Framework 411‑054‑0110
Conditions 411‑054‑0120
Civil Penalties 411‑054‑0130
Non-Renewal, Denial, Suspension or Revocation of License 411‑054‑0133
Temporary Manager 411‑054‑0135
Criminal Penalties 411‑054‑0140
Additional Authority 411‑054‑0200
Residential Care Facility Building Requirements 411‑054‑0300
Assisted Living Facility Building Requirements 411‑054‑0320
Quality Measurement Program and Council
Last Updated

Jun. 8, 2021

Rule 411-054-0027’s source at or​.us