Page:United States Statutes at Large Volume 101 Part 2.djvu/982

 101 STAT. 1330-188

PUBLIC LAW 100-203—DEC. 22, 1987

"(C) maintain clinical records on all residents, which records include the plans of care (described in paragraph (2)) and the residents' assessments (described in paragraph (3)), as well as the results of any pre-admission screening conducted under subsection (e)(7). "(7) REQUIRED SOCIAL SERVICES.—In the case of a nursing facility with more than 120 beds, the facility must have at least one social worker (with at least a bachelor's degree in social work or similar professional qualifications) employed full-time to provide or assure the provision of social services. "(c) REQUIREMENTS RELATING TO RESIDENTS' RIGHTS.— "(1) GENERAL RIGHTS.— "(A) SPECIFIED RIGHTS.—A nursing facility must

protect and promote the rights of each resident, including each of the following rights: "(i) FREE CHOICE.—The right to choose a personal attending physician, to be fully informed in advance about care and treatment, to be fully informed in advance of any changes in care or treatment that may affect the resident's well-being, and (except with respect to a resident adjudged incompetent) to participate in planning care and treatment or changes in care and treatment. "(ii) FREE FROM RESTRAINTS.—The right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident's medical symptoms. Restraints may only be imposed— "(I) to ensure the physical safety of the resident or other residents, and "(II) only upon the written order of a physician that specifies the duration and circumstances under which the restraints are to be used (except in emergency circumstances specified by the Secretary) until such an order could reasonably be obtained, "(iii) PRIVACY.—The right to privacy with regard to accommodations, medical treatment, written and telephonic communications, visits, and meetings of family and of resident groups. "(iv) CONFIDENTIAUTY.—The right to confidentiality of personal and clinical records. "(v) ACCOMMODATION OF NEEDS.—The right— "(I) to reside and receive services with reasonable accommodations of individual needs and preferences, except where the health or safety of the individual or other residents would be endangered, and "(II) to receive notice before the room or roommate of the resident in the facility is changed, "(vi) GRIEVANCES.—The right to voice grievances with respect to treatment or care that is (or fails to be) furnished, without discrimination or reprisal for voicing the grievances and the right to prompt efforts by the facility to resolve grievances the resident may

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