{"data":{"id":"us-ky/krs-216.515","jurisdiction":"us-ky","citation":"KRS 216.515","heading":"Rights of residents -- Duties of facilities -- Actions.","body":"Every resident in a long-term-care facility shall have at least the following rights:\n(1) Before admission to a long -term-care facility, the resident and the responsible party\nor his responsible family member or his guardian shall be fully informed in writ ing,\nas evidenced by the resident's written acknowledgment and that of the responsible\nparty or his responsible family member or his guardian, of all services available at\nthe long -term-care facility. Every long -term-care facility shall keep the original\ndocument of each written acknowledgment in the resident's personal file.\n(2) Before admission to a long -term-care facility, the resident and the responsible party\nor his responsible family member or his guardian shall be fully informed in writing,\nas evidenced by the resident's written acknowledgment and that of the responsible\nparty or his responsible family member or his guardian, of all resident's\nresponsibilities and rights as defined in this section and KRS 216.520 to 216.530.\nEvery long -term-care facil ity shall keep the original document of each written\nacknowledgment in the resident's personal file.\n(3) The resident and the responsible party or his responsible family member or his\nguardian shall be fully informed in writing, as evidenced by the residen t's written\nacknowledgment and that of the responsible party or his responsible family\nmember, or his guardian, prior to or at the time of admission and quarterly during\nthe resident's stay at the facility, of all service charges for which the resident or his\nresponsible family member or his guardian is responsible for paying. The resident\nand the responsible party or his responsible family member or his guardian shall\nhave the right to file complaints concerning charges which they deem unjustified to\nappropriate local and state consumer protection agencies. Every long -term-care\nfacility shall keep the original document of each written acknowledgment in the\nresident's personal file.\n(4) The resident shall be transferred or discharged only for medical reasons , or his own\nwelfare, or that of the other residents, or for nonpayment, except where prohibited\nby law or administrative regulation. Reasonable notice of such action shall be given\nto the resident and the responsible party or his responsible family member  or his\nguardian.\n(5) All residents shall be encouraged and assisted throughout their periods of stay in\nlong-term care facilities to exercise their rights as a resident and a citizen, and to\nthis end may voice grievances and recommend changes in policies and services to\nfacility staff and to outside representatives of their choice, free from restraint,\ninterference, coercion, discrimination, or reprisal.\n(6) All residents shall be free from mental and physical abuse, and free from chemical\nand physical res traints except in emergencies or except as thoroughly justified in\nwriting by a physician for a specified and limited period of time and documented in\nthe resident's medical record.\n(7) All residents shall have confidential treatment of their medical and personal records.\nEach resident or his responsible family member or his guardian shall approve or\nrefuse the release of such records to any individuals outside the facility, except as\notherwise specified by statute or administrative regulation.\n(8) Each resident may manage the use of his personal funds. If the facility accepts the\nresponsibility for managing the resident's personal funds as evidenced by the\nfacility's written acknowledgment, proper accounting and monitoring of such funds\nshall be made. This shall include each facility giving quarterly itemized statements\nto the resident and the responsible party or his responsible family member or his\nguardian which detail the status of the resident's personal funds and any transactions\nin which such funds have been received or disbursed. The facility shall return to the\nresident his valuables, personal possessions, and any unused balance of moneys\nfrom his account at the time of his transfer or discharge from the facility. In case of\ndeath or for valid reason s when he is transferred or discharged the resident's\nvaluables, personal possessions, and funds that the facility is not liable for shall be\npromptly returned to the resident's responsible party or family member, or his\nguardian, or his executor.\n(9) If a resident is married, privacy shall be assured for the spouse's visits and if they\nare both residents in the facility, they may share the same room unless they are in\ndifferent levels of care or unless medically contraindicated and documented by a\nphysician in the resident's medical record.\n(10) Residents shall not be required to perform services for the facility that are not\nincluded for therapeutic purposes in their plan of care.\n(11) Residents may associate and communicate privately with persons of their  choice\nand send and receive personal mail unopened.\n(12) Residents may retain the use of their personal clothing unless it would infringe upon\nthe rights of others.\n(13) No responsible resident shall be detained against his will. Residents shall be\npermitted and encouraged to go outdoors and leave the premises as they wish unless\na legitimate reason can be shown and documented for refusing such activity.\n(14) Residents shall be permitted to participate in activities of social, re ligious, and\ncommunity groups at their discretion.\n(15) Residents shall be assured of at least visual privacy in multibed rooms and in tub,\nshower, and toilet rooms.\n(16) The resident and the responsible party or his responsible family member or his\nguardian shall be permitted the choice of a physician.\n(17) If the resident is adjudicated mentally disabled in accordance with state law, the\nresident's guardian shall act on the resident's behalf in order that his rights be\nimplemented.\n(18) Each resident shall be treated with consideration, respect, and full recognition of his\ndignity and individuality, including privacy in treatment and in care for his personal\nneeds.\n(19) Every resident and the responsible party or his responsible family member or his\nguardian has the right to be fully informed of the resident's medical condition unless\nmedically contraindicated and documented by a physician in the resident's medical\nrecord.\n(20) Residents have the right to be suitably dressed at all times and given assistanc e\nwhen needed in maintaining body hygiene and good grooming.\n(21) Residents shall have access to a telephone at a convenient location within the\nfacility for making and receiving telephone calls.\n(22) The resident's responsible party or family member or hi s guardian shall be notified\nimmediately of any accident, sudden illness, disease, unexplained absence, or\nanything unusual involving the resident.\n(23) Residents have the right to have private meetings with the appropriate long -term\ncare facility inspectors from the Cabinet for Health and Family Services.\n(24) Each resident and the responsible party or his responsible family member or his\nguardian has the right to have access to all inspection reports on the facility.\n(25) The above-stated rights shall apply in all cases unless medically contraindicated and\ndocumented by a physician in writing in the resident's medical record.\n(26) Any resident of a long -term care facility licensed under KRS Chapter 216B whose\nrights as specified in this section are deprive d or infringed upon shall have a cause\nof action against any facility responsible for the violation. The action may be\nbrought by the resident or his guardian. The action may be brought in any court of\ncompetent jurisdiction to enforce such rights and to r ecover actual and punitive\ndamages for any deprivation or infringement on the rights of a resident. Any\nplaintiff who prevails in such action against the facility may be entitled to recover\nreasonable attorney's fees, costs of the action, and damages, unle ss the court finds\nthe plaintiff has acted in bad faith, with malicious purpose, or that there was a\ncomplete absence of justifiable issue of either law or fact. Prevailing defendants\nmay be entitled to recover reasonable attorney's fees. The remedies prov ided in this\nsection are in addition to and cumulative with other legal and administrative\nremedies available to a resident and to the cabinet.","path":["KRS Chapter 216"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52527","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:21Z","sha256":"cfa8eae28f99d2fe2d5271b6c73829e05ebdebafa6c04254ac6af63e1206fccb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216.510","next":"us-ky/krs-216.520"},"notice":"GroundRules: Original legal text. Not legal advice."}