by Connie Kent and Bob Buddemeier
Did you know that residents of CCRCs in Oregon are guaranteed specific rights by State law? It is true – the current version, dated 2021, may be found on the Oregon Legislature website: https://www.oregonlegislature.gov/bills_laws/ors/ors101.html. The 17 articles of the Bill are included at the end of this piece.
The articles of the current bill address most of the things you might expect – the CCRC’s obligation to assist and support the resident, non-discrimination, privacy, medical care, freedom of activities and associations, and communications between resident and “provider” (the CCRC management).
From 2013 to approximately 2017, an RVM version of Resident Rights was posted on MyRVM. That version was later supplanted by a very slightly different (unfortunately undated) PRS/CARF version of Resident Rights. [Note: CARF is an accreditation organization to which PRS formerly belonged.] You can find this document at https://thecomplement.info/wp-content/uploads/2022/08/Residents-Rights-Jan-2017-PRS.pdf. Both of these documents were apparently based on a very similar but slightly older version (2011) of the rights statement, which is still available on the Oregon Secretary of State website: https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=90425.
In early July 2022 the CARF/PRS version was still posted on MyRVM, but it could be found only by searching; there were no links to it. Residents Council Officers agreed that the information should be provided to residents. When we consulted Administration, Executive Director Stan Solmonson explained that the document had been “unlinked” because it carried the logo of CARF, and the Manor is no longer associated with CARF.
Stan agreed that the document needed to be available to residents, and said that he would make sure that is updated, republished, posted and distributed.
The text of the Oregon statute is reproduced below. A final RVM version may differ slightly because Articles 12 and 13 refer to policies for which the CCRC is responsible, and certain general terms (e.g., “reasonable” in Article 16) might be replaced with specific policy statements.
ORS 101.115 Resident rights.
[Definition: “Provider” means an owner or operator, whether a natural person, partnership, trust, limited liability company, corporation or unincorporated association, however organized, of a new or existing continuing care retirement community, whether operated for profit or not, that provides, plans to provide or agrees to provide continuing care to one or more unrelated residents under a residency agreement.]
(1) A provider must assist a resident, upon request, in the exercise of the resident’s rights as a citizen of the United States and as a resident of this state. A resident has the right to exercise all rights that do not infringe upon the rights or safety of other residents.
(2) A resident has the right to review a provider’s disclosure statements.
(3) A provider may not discriminate or impose any requirement or restriction based on sex, marital status, race, color, sexual orientation, gender identity or national origin of a resident, a prospective resident or a resident’s visitor.
(4) A provider shall make reasonable accommodations to ensure that services are accessible to residents who have disabilities.
(5) A provider shall treat each resident with respect and dignity at all times, and ensure privacy for each resident during rehabilitation or treatment and when receiving personal care services.
(6) A resident has the right to associate and communicate privately with persons of the resident’s choice and to send and receive mail that is not opened by the provider.
(7) A resident has the right to be free from abuse as defined in ORS 124.005.
(8) The residents’ council has the right to meet with the provider no less than twice each year and must be allowed free discussion at the meetings of subjects that may include, but need not be limited to, facility income, expenditures, financial trends, resident concerns, proposed changes in policy, programs and services, and any other issue identified by the council or a resident under ORS 101.112 (1).
(9) A resident has the right to participate in social, religious and community activities at the discretion of the resident.
(10) A resident has the right to be fully informed, prior to or at the time of admission and during the resident’s period of residency, of services available in the continuing care retirement community, whether the provider participates in the Medicare or Medicaid programs and the consequences of the participation or lack of participation by the provider in the Medicare or Medicaid programs.
(11) A resident has the right to refuse medication, treatment, care or participation in clinical trials or other research.
(12) A resident has the right to obtain treatment, care and services, including but not limited to home health and hospice care, from persons providing health care who have not entered into a contract with or are not affiliated with the provider, subject to policies of the CCRC regarding the provision of services by persons that are not under contract.
(13) A resident has the right to submit grievances and to suggest changes in policies and services either orally or in writing to staff or other individuals without fear of restraint, interference, coercion, discrimination or reprisal by the provider. A provider must adopt written policies and procedures for the timely resolution of a resident’s grievance.
(14) A resident has the right to be free from harassment by other residents and to peaceful enjoyment of the CCRC without interference from other residents.
(15) A provider shall keep clinical and personal records of residents confidential. A resident or an authorized representative of the resident has the right to a prompt inspection of the records pertaining to the resident’s care. The provider shall provide photocopies or electronic copies of a resident’s records to the resident or the authorized representative at a reasonable charge.
(16) A resident has the right to receive notice of proposed changes in fees or services in accordance with ORS 101.112. The provider must allow residents a reasonable opportunity to comment on the proposed changes before the changes become effective.
(17) A provider shall have a procedure in place for a resident to request that a staff person of a particular sex be assigned to assist the resident with activities of daily living. The provider shall accommodate the request unless the provider is unable to do so. If the provider is unable to accommodate the request, the provider shall notify the resident, in writing, of the reasons why the provider is unable to accommodate the request and shall maintain documentation showing why the provider cannot accommodate the request. [2009 c.201 §12; 2015 c.839 §1; 2021 c.367 §6]
