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Quality of Life - Dignity, Self-Determination & Participation

 

Description of Federal Requirements
Comparison of State Requirements
Table Comparing States

Complete Transcript of State Requirements on Quality of LIfe - Dignity, Self-Determination & Participation (PDF)

Federal Regulations & Related F-tags for 483.15 Applicable Federal Regulation
(a) Dignity | F241
(b) Self-determination & participation | F242
(c) Participation in resident & family groups | F243
(d) Participation in other activities | F245
483.15 Quality of Life
483.10 Resident Rights
483.70 Physical Environment

Description of Federal Requirements    (TOP)    (NEXT)

Federal Requirement 483.15 states a facility must care for its residents in a manner and in an environment which maintains or enhances each resident's quality of life by maintaining or enhancing each resident's dignity and individuality. Residents have a right to choose and participate in the activities they are interested in, to interact with other residents, friends and families inside and outside of the facility and make choices about the areas they consider significant and important to them as long as it does not interfere with the rights of other residents. The facility must provide a designated staff person to provide assistance and respond to written requests, concerns or grievances.

Comparison of State Requirements    (TOP)    (NEXT)

Some of the states adopt the federal regulations for dignity, self-determination, and participation. The states that deviated from the federal regulations (California, Hawaii, Maine, Maryland, Michigan, Mississippi, and Washington) include privacy for treatment of care as an element of dignity.

Other states (Maryland, Vermont, and West Virginia) delineate dignity in terms of personal and property rights.

Arizona and Virginia statutes include definitions of dignity. Arizona defines dignity as quality or condition of esteem or worth. In Virginia, dignity means staff, in their interactions with residents, carries out activities, which assist a resident in maintaining and enhancing the resident's self-esteem and self-worth.

Maine mandates the dignity of dementia care unit residents via privacy, treatment of the resident as an adult, and avoiding talking about the resident as if he is not present.

New Jersey statutes reflect dignity as a necessity in end of life care.

Tennessee explicitly mandates policies and procedures for residents who do not have the ability of self-determination with regard to health care decisions.

Texas addresses dignity with regard to authorized electronic monitoring.

West Virginia includes the creation of a homelike environment via personal clothing and possessions as a provision of dignity.

Table Comparing States    (TOP)

Note: If the States in this table are not hyper-linked, their provisions do not appear to address the topic, and therefore, do not alter the Federal Regulatory scope.  The Table summarizes content on Quality of Life - Dignity, Self-Determination & Participation by State (with a link to each State's specific language).  Link to a downloadable PDF document containing all State requirements on Quality of Life - Dignity, Self-Determination & Participation.

483.15 Quality of Life

Dignity, Self-Determination & Participation
State Goes beyond Federal Regulations? Subjects Addressed: How State Differs From or Expands On Federal Regulations
Alabama No Alabama regulations for dignity, self-determination, and participation mirror the federal regulations.
Alaska No Alaska regulations for dignity, self-determination, and participation mirror the federal regulations.
Arizona Yes Statues delineate a definition of dignity in terms of quality of worth.
Arkansas Yes Arkansas individual support plan includes likes and dislikes.
California Yes Statutes delineate dignity in terms of privacy for treatment and care, Special Treatment program Service Unit resident rights, provision for privacy.
Colorado Yes Nutritional assessment and progress notes, rights to civil and religious liberties including knowledge of available choices and right to independent personal decisions
Connecticut No Connecticut regulations for dignity, self-determination, and participation mirror the federal regulations
Delaware Yes Personal choice
District of Columbia Yes Opportunities to participate
Florida Yes Resident rights
Georgia Yes Georgia law provides for the rights of residents concerning admission, transfer, discharge and care
Hawaii Yes Statutes delineate dignity in terms of privacy for treatment and care.
Idaho Yes New construction standards for privacy
Illinois Yes Resident advisory council, honor, any decision made by a resident, agent or surrogate must be honored, participate in care conference
Indiana Yes Access and visitation rights, living arrangements
Iowa Yes Dignity preserved, communications, visiting hours
Kansas Yes Quality of care
Kentucky Yes Statutes mandate flexible and posted visiting hours.
Louisiana Yes Right to privacy in treatment and in caring, right to refuse to serve as medical research subject, the right to retire and rise in accordance with his reasonable requests, if he does not disturb others and does not disrupt the posted meal schedules and, upon the home's request, if he remains in a supervised area unless retiring and rising in accordance with the resident's request is not medically advisable, as documented in his medical record by the attending physician.
Maine Yes Statues delineate dignity of dementia care unit residents in terms of privacy, treatment as an adult, and avoiding talking about the resident as though they are not present.
Maryland Yes Statutes delineate dignity in terms of privacy as well as personal and property rights.
Massachusetts Yes Statutes mandate flexible and posted visiting hours.
Michigan Yes Statutes delineate dignity in terms of privacy for treatment and care. Mandates minimum time frame for visiting hours and considerations for special circumstances of each visitor.
Minnesota Yes Policies concerning visitors and smoking in bed.
Mississippi Yes Statutes delineate dignity in terms of privacy for treatment and care.
Missouri Yes Resident rights,
Montana Yes Resident retains prerogative to exercise decision making rights
Nebraska Yes Privacy in written communication, visiting rights
Nevada Yes General rights of patients
New Hampshire Yes Provide verbal notice as to bed location change
New Jersey Yes Statutes delineate dignity in terms of end of life care, reasonable opportunities for private and intimate physical and social interaction
New Mexico Yes &Privacy, dietary service reasonable adjustment to accommodate resident's wishes
New York Yes Resident rights, involve resident in resident council
North Carolina No North Carolina regulations for dignity, self-determination, and participation mirror the federal regulations.
North Dakota No North Dakota regulations for dignity, self-determination, and participation mirror the federal regulations.
Ohio Yes Statutes allow for policies to ensure that visits do not interfere with the operation of the home.
Oklahoma Yes Participate in advisory council, care planning
Oregon Yes Visitor access, right to refuse contact with any individual or group
Pennsylvania No Pennsylvania regulations for dignity, self-determination, and participation mirror the federal regulations.
Rhode Island Yes Statutes require posted visiting hours and minimal visiting hours per day. Mandate immediate access to residents by certain people unless resident refuses,
South Carolina Yes Statutes mandate flexible and posted visiting hours. Allows for exceptions in visiting hours, rights and assurance, recreation, meal service
South Dakota Yes Right to receive visitors, rights
Tennessee Yes Mandates policies and procedures for residents who do not have the ability to make health care decisions for themselves.
Texas Yes Statutes address dignity with regard to authorized electronic monitoring.
Utah Yes Utah resident rights, privacy for visits by spouse, interact with members of community both inside and outside facility.
Vermont Yes Privacy is included in the provision of dignity as is exclusive rights to use personal property.
Virginia Yes Statues delineate a definition of dignity.
Washington Yes Privacy is included in the provision of dignity, free choice, resident decision making
West Virginia Yes Dignity category includes exclusive rights to use of personal property and the creation of a homelike environment via personal clothing and possessions. Mandates the establishment of visiting hours and minimal hours per day.
Wisconsin No Wisconsin regulations for dignity, self-determination, and participation mirror the federal regulations.
Wyoming No Wyoming regulations for dignity, self-determination, and participation mirror the federal regulations.

Complete Transcript of State Requirements on Quality of Life - Dignity, Self-Determination & Participation    (TOP)