North Dakota Century Code Title 50. Public Welfare § 50-10.2-02. Residents' rights--Implementation

a. The right to civil and religious liberties, including knowledge of available choices, the right to independent personal decisions without infringement, and the right to encouragement and assistance from the staff of the facility to promote the fullest possible exercise of these rights.

b. The right to have private meetings, associations, and communications with any person of the resident's choice within the facility.

c. The right to participate in the community.

d. The right of each resident, the resident's immediate family, the resident representative, friends, facility staff, and other persons to present complaints on the behalf of the resident to the facility's staff, the facility's administrator, governmental officials, or to any other person, without fear of reprisal, interference, coercion, discrimination, or restraint.

e. The right to send and receive unopened personal mail and electronic mail and the right of access to and use of telephones and electronic devices for private conversations.

f. The right to assured private visits, subject to restrictions to protect the health or safety of the resident, by one's spouse, partner, or significant other, or if both are residents of the same facility, the right to share a room, within the capacity of the facility, unless sharing a room is not medically advisable as documented in the medical records by the attending physician.

g. The right to manage one's own financial affairs if not under legal guardianship, or to delegate the responsibility in writing to the administrator or manager of the facility, but only to the extent of funds held in trust by the facility for the resident.

h. The right to be fully informed in writing prior to or at the time of admission and during one's stay, of services provided and the charges for those services, including ancillary charges.

i. The right to be adequately informed of one's medical condition and proposed treatment and to participate in the planning of all medical treatment, including the right to refuse medication and treatment, to be discharged from the facility upon written request, and to be notified by the resident's attending physician of the medical consequences of any such actions.

j. The right to have privacy in treatment and in caring for personal needs and to have confidentiality in the treatment of personal and medical records.

k. The right to keep and use personal possessions, including furnishings and clothing as space permits, unless keeping or using the personal possession would infringe upon the rights, health, or safety of another resident.

l. The right to be treated courteously, fairly, and with the fullest measure of dignity.

m. The right to be free from mental and physical abuse, neglect, and financial exploitation, and the right to be free from physical or chemical restraint except in documented emergencies or when necessary to protect the resident from injury to self or to others.

n. The right not to be transferred or discharged except for:

o. The right to receive at least a thirty-day written advance notice of any transfer or discharge when the resident is being discharged to another facility or the resident's own home, or when the resident is being transferred or discharged because of a change in the resident's level of care; however, advance notice of transfer or discharge may be less than thirty days if the resident has urgent medical needs that require a more immediate transfer or discharge, or a more immediate transfer or discharge is required to protect the health and safety of residents and staff within the facility.

p. The right to refuse to perform services on behalf of the facility, unless agreed to by the resident or legal guardian and established in the plan of care.

q. The right to a claim for relief against a facility for any violation of rights guaranteed under this chapter.

r. The right to have each facility display a notice that the following information is available for public review and make the information available on request:

s. The right to a pharmacist of the resident's choice irrespective of the type of medication distribution system used by the facility, and to not be charged a fee or receive a financial incentive or disincentive for choosing a pharmacy other than the facility's preferred pharmacy. The resident may not be charged for repackaging if that cost can be included on the facility cost report.

t. The right to not be discriminated against by a facility in the admissions process or in the provision of appropriate care on the basis of the resident's source of payment to the facility.

u. The right of residents and their families to organize, maintain, and participate in resident advisory and family councils.

v. The right of residents receiving services performed by a provider from outside the facility to be informed, on request, of the identity of the provider.

a. The reason for the transfer or discharge.

b. The effective date of transfer or discharge.

c. The location the resident is to be transferred or discharged to.

d. The name, mailing and electronic mail address, and telephone number of the office of the state long-term care ombudsman.

a. A resident's personal funds deposited with the facility or refunds due to the resident upon discharge or eviction within thirty days, and provide a final accounting of those funds to the resident, or in the case of death, in accordance with state law.

b. Refunds due as a result of an overpayment to the facility within thirty days from the date the overpayment is discovered.

c. Other refunds due to the resident upon discharge, eviction, or death within thirty days from the resident's date of discharge from the facility.