Health Care Facilities

ORS 441.605
Legislative declaration of rights intended for residents

Text
Annotations 2

It is the intent of the Legislative Assembly that facilities guarantee at a minimum that each resident has the right to be:

(1)

Fully informed of all resident rights and all facility rules governing resident conduct and responsibilities.

(2)

Fully informed which services are available and of any additional charges not covered by the daily rates or by Medicare or Medicaid.

(3)

Informed by a physician of the medical condition of the resident unless medically contraindicated in the medical record, and given the opportunity to participate in planning medical treatment and to refuse experimental research.

(4)

Transferred or discharged only for medical reasons, or for the welfare of the resident or of other residents of the facility, or for nonpayment and to be given reasonable advance notice to insure orderly transfer or discharge.

(5)

Encouraged and assisted while in the facility to exercise rights as a citizen, and to voice grievances and suggest changes in policies and services to either staff or outside representatives without fear of restraint, interference, coercion, discrimination or reprisal.

(6)

Allowed either to manage personal finances or be given a quarterly report of account if the facility has been delegated in writing to carry out this responsibility.

(7)

Free from mental and physical abuse and assured that no chemical or physical restraints will be used except on order of a physician.

(8)

Assured that medical and personal records are kept confidential and unless the resident transferred, or examination of the records is required by the third party payment contractor, are not released outside the facility. However, nothing in this subsection is intended to prevent a resident from authorizing access to the resident’s medical and personal records by another person.

(9)

Treated with respect and dignity and assured complete privacy during treatment and when receiving personal care.

(10)

Assured that the resident 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.

(11)

Allowed to associate and communicate privately with persons of the resident’s choice and send and receive personal mail unopened unless medically contraindicated by the attending physician in the medical record of the resident.

(12)

Allowed to participate in activities of social, religious and community groups at the discretion of the resident unless medically contraindicated.

(13)

Able to keep and use personal clothing and possessions as space permits unless to do so infringes on other residents’ rights and unless medically contraindicated and upon the resident’s request and the facility management’s consent have access to a private locker, chest or chest drawer that is provided by the resident or the facility that is large enough to accommodate jewelry and small personal property and that can be locked by the resident although both the resident and the facility management may have keys.

(14)

Provided, if married, with privacy for visits by the resident’s spouse. If both spouses are residents in the facility, they are permitted to share a room.

(15)

Not required to sign a contract or waiver that waives the resident’s right to collect payment for lost or stolen articles. [1979 c.261 §4; 1981 c.326 §1; 1987 c.397 §1]

§§ 441.600 to 441.625

Notes of Decisions

Discharge of employee for reporting violation of policy to protect patients is discharge for fulfilling societal obligation and is actionable. McQuary v. Bel Air Convalescent Home, Inc., 69 Or App 107, 684 P2d 21 (1984), Sup Ct review denied

Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963