31-8-114. Right to privacy.

Each resident shall enjoy the right of privacy including, but not limited to, the following:

The right to privacy in the resident’s room or the resident’s portion of the room. The staff may not enter a resident’s room without making their presence known, except when the resident is asleep, in an emergency threatening the health or safety of the resident, or as required by the resident’s care plan;#

The right to a private room and a personal sitter if the resident pays the difference between the facility’s charge for such a room and sitter and the amount reimbursed through medicare or Medicaid;#

The right to private visits with the resident’s spouse. Spouses shall be permitted to share a room when available where both are residents of the facility;#

The right to have unimpeded, private, and uncensored communication with anyone of the resident’s choice by mail, public telephone, and visitation, provided that such visitation does not disturb other residents. The administrator shall provide that mail is received and mailed on regular postal delivery days, that telephones are accessible for confidential and private communications, and that at least one private place per facility is available for visits during normal visitation hours, which shall be for at least 12 continuous hours per day;#

The right to refuse acceptance of correspondence, telephone calls, or visitation by anyone;#

The right to respect and privacy in his medical, personal, and bodily care program. Each resident’s case discussion, consultation, examination, treatment, and care shall be confidential and shall be conducted in privacy. Those persons not directly involved in the resident’s care must have the resident’s permission to be present; and#

The right to receive confidential treatment of the resident’s personal and medical records. Only the resident or guardian may approve the release or disclosure of such records to any individual outside the facility, except in case of (A) the resident’s transfer to another health care facility, (B) during a medicare, Medicaid, licensure, medical care foundation, or peer review survey, or (C) as otherwise provided by law or third-party payment contract.#