50-5-1105. Long-term care facility to adopt and post residents’ rights. (1) The administrator of each long-term care facility shall:

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Terms Used In Montana Code 50-5-1105

  • Administrator: means a person who is licensed as a nursing home administrator under Title 37, chapter 9, and who administers, manages, or supervises a long-term care facility. See Montana Code 50-5-1103
  • Authorized representative: means :

    (a)a person who has a general power of attorney for a resident;

    (b)a person appointed by a court to manage the personal or financial affairs of a resident;

    (c)a representative payee;

    (d)a resident's next of kin; or

    (e)a sponsoring agency. See Montana Code 50-5-1103

  • long-term care facility: means a facility or part of a facility licensed under Title 50, chapter 5, to provide skilled nursing care, intermediate nursing care, or personal care. See Montana Code 50-5-1103
  • Resident: means a person who lives in a long-term care facility. See Montana Code 50-5-1103
  • Writing: includes printing. See Montana Code 1-1-203

(a)adopt a written statement of rights applicable to all residents of its facility, including as a minimum the rights listed in 50-5-1104;

(b)provide each resident, at the time of admission to the facility, a copy of the facility’s statement of residents’ rights, receipt of which the resident or the resident’s authorized representative shall acknowledge in writing;

(c)provide each resident with a written statement of any change in residents’ rights at the time the change is implemented, receipt of which the resident or the resident’s authorized representative shall acknowledge in writing; and

(d)train and involve staff members in the implementation of residents’ rights as expressed in the statement adopted by the facility.

(2)Each staff member shall affirm in writing that the member has read and understands the facility’s statement of residents’ rights.

(3)The administrator of the facility shall post in a conspicuous place visible to the public a copy of the facility’s statement of residents’ rights, presented in a format that can be read easily by the residents and by the public.