Alliance of Family Councils of NY

Resident Councils:
New York State Regulations

NYCRR Title 10 Part 415 Section 3 Paragraphs (d)(1)(i) and (f)(4) (Residents’ Rights):

(d) Right to Privacy. Each resident shall have the right to:

(1) personal privacy and confidentiality of his or her personal and clinical records which shall reflect:

(i) accommodations, medical treatment, written and telephone communications, personal care, associations and communications with persons of his or her choice, visits, and meetings of family and resident groups. Resident and family groups shall be provided with private meeting space and residents shall be given access to a private area for visits or solitude.

(f) Residential Rights. Each resident shall have the right to:

(4) participate in the established residents’ council.

NYCRR Title 10 Part 415 Section 5 Paragraph (g)(1)(xii) (Quality of Life):

(g) Social Services.

(1) The facility shall provide for a social service program to meet the psychosocial needs of the individual resident which will provide services, based upon a comprehensive assessment, which will assure the maximum attainable quality of life for the residents, the residents’ emotional and physical well-being, self-determination, self respect and dignity. Such services shall include:

(xii) participating, if requested by residents, in the organization and on-going functioning of the resident and family councils.

NYCRR Title 10 Part 415 Section 26 Paragraphs (a)(1)(ii), (a)(4)(iii)-(v), (b)(8), and (b)(15) (Organization and Administration):

(a) Administration.

(1) No nursing home shall operate unless it is under the supervision of an administrator who holds a currently valid nursing home administrator’s license and registration, or temporary license, issued pursuant to Article 28-D of the Public Health Law. The administrator shall set an example for all staff members, consultants and others affiliated with the facility which recognizes that the institution exists to serve the interests of and the needs of the residents, which emphasizes the importance of a resident’s right to independence regarding all aspects of institutional life and encourages residents to participate together with staff in resolving conflicts and problems which frequently arise in a group residential setting. The administrator shall:

(ii) involve the Resident Council in addressing the need to seek compromises between conflicting resident and staff interests and needs.

(4) In addition to the other responsibilities delineated herein, the administrator shall:

(iii) assure that the residents’ council:

(a) meets as often as the membership deems necessary;

(b) is directed by the residents and is chaired by a resident or another person elected by the membership; and

(c) may meet with any member of the supervisory staff provided that reasonable notice of the council’s request is given to such staff;

(iv) agree to assign a staff person in consultation with the Resident Council, acceptable to such Council, to act as advisor or coordinator, to facilitate the Council in holding regular meetings and to assist members in carrying out Council activities, including obtaining necessary information to become informed of facility policies, exploring the solutions to problems and conveying to the administrator issues and suggestions which require administrative action;

(v) assure that any complaints, problems or issues reported by the council to the designated staff person or administration are addressed; and that a written report addressing the problem, issues or suggestions is sent to the council when requested; and

(b) Governing Body. The nursing home shall have a governing body, or designated persons functioning as a governing body, that is legally responsible for establishing and implementing policies regarding the management and operation of the facility. The governing body shall:

(8) assure that the facility establishes a residents’ council;

(15) ensure that members of the governing body make themselves available to hold meetings with representatives of the Resident Council at least 3 times a year to discuss matters contained in a jointly developed agenda.