Patient RightsQuestion 8 of 200

A long-term-care resident wishes to vote in the November election but cannot leave the facility. Under federal residents' rights, the facility must:

a.Reasonably accommodate the resident's right to vote, including assistance obtaining a vote-by-mail ballot
b.Discourage the resident from voting, because following the election overstimulates her and disrupts the unit routine
c.Have a staff member cast the ballot on the resident's behalf based on her stated preferences
d.Require a physician's note confirming capacity before the resident may receive a ballot

Explanation

42 CFR §483.10(f)(11) protects residents' rights to exercise their rights as citizens, including voting. California facilities must reasonably accommodate access to vote-by-mail materials, translators, and adaptive assistance, and may coordinate with the County Registrar of Voters. Discouraging participation (b), proxy voting by staff (c)—which is illegal—, or gatekeeping by physician note (d) all infringe a fundamental civil right.

Law Reference: 42 CFR §483.10(f)(11); HSC §1599.79

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