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Statutes Text

Article - Health - General




§19–343.

    (a)    In this section and §§ 19–344, 19–345, 19–345.1, 19–345.2, and 19–345.3 of this subtitle, “facility” means a related institution that, under the rules and regulations of the Department, is a comprehensive care facility or an extended care facility.

    (b)    (1)    The General Assembly intends to promote the interests and well–being of each resident of a facility.

        (2)    It is the policy of this State that, in addition to any other rights, each resident of a facility has the following basic rights:

            (i)    The right to be treated with consideration, respect, and full recognition of human dignity and individuality;

            (ii)    The right to receive treatment, care, and services that are adequate, appropriate, and in compliance with relevant State and federal laws, rules, and regulations;

            (iii)    The right to privacy;

            (iv)    The right to be free from mental and physical abuse;

            (v)    The right to notice, procedural fairness, and humane treatment when being transferred or discharged from a facility;

            (vi)    The right to participate in decision making regarding transitions in care, including a transfer or discharge from a facility;

            (vii)    The right to expect and receive appropriate assessment, management, and treatment of pain as an integral component of the patient’s care;

            (viii)    The right to be free from physical and chemical restraints, except for restraints that a physician authorizes for a clearly indicated medical need;

            (ix)    The right to receive respect and privacy in a medical care program; and

            (x)    The right to manage personal financial affairs.

    (c)    Each facility shall:

        (1)    Post, conspicuously in a public place, the policy set forth in subsection (b) of this section and the provisions in §§ 19–344(b) through (m), 19–345, and 19–346(i)(2) of this subtitle;

        (2)    Give a copy of the policy and those provisions:

            (i)    On admission, to the resident;

            (ii)    To the guardian, next of kin, or sponsoring agency of the resident; and

            (iii)    To a representative payee of the resident;

        (3)    Keep a receipt for the copy that is signed by the person who received the copy; and

        (4)    Provide appropriate staff training to carry out the policy and those provisions.