This approach would have the advantage of being part of the initial and ongoing service planning, while avoiding the legal complexities of an RNA. However, a better approach to planning would not offer the benefits of negotiations and risk assumptions, which many proponents believe are their primary value, both to improve resident autonomy and to protect suppliers from liability for the consequences of residents` decisions. Some interest groups believe that many lifestyle issues, such as pets and smoking, can or should be addressed in housing/tenant contracts. Carlson, R. (spring 2003). Sheepskin of residents` rights: behind the rhetoric of negotiated risk in assisted housing. NAELA Quarterly: the Journal of the National Academy of Elder Law Attorneys. Available at www.naela.com/PDFFiles/Quarterly_spring2003.pdf. Illinois has the strongest statement on a resident`s right to risk by stating that a resident has the right to “direct his own care and negotiate the terms of his own care” and “refuse services, unless these services are ordered by the courts or the health, safety or well-being of others are not threatened by refusal and are informed of the consequences of that refusal.” The regulations define a compliance agreement as a formal written plan developed taking into account shared responsibility, election organization and the values of assisted living negotiated between the resident or its responsible party and the assisted housing agency, in order to avoid or reduce the risk of adverse consequences that may occur in an assisted housing environment.
The state does not require compliance with an agreement and finds that it can be used if necessary. The state requires that residents who sign a service contract be able to understand and fulfill their obligations under the contract. The regulations provide that the service contract is based on the concepts of shared responsibility and resident choice. In order to participate fully in shared responsibility, residents must be clearly and understandably informed of the possible consequences of their decision-making. If a preference for residents or a decision is likely to endanger the resident or others, or have adverse consequences, a clause relating to managed/negotiated risk agreements may be included in the service agreement. The regulation of assisted housing establishments and co-locations must be flexible enough for residents to age within the parameters of this Act. The administration of this legislation and the services rendered must therefore ensure that residents have the rights and duties to direct the volume of services they receive and to make individual decisions based on their needs and preferences. These institutions must be operated in a way that provides the least restrictive and welcoming environment and promotes independence, autonomy, individuality, privacy, dignity and the right to a risk consistent with negotiations in residential areas. The applicability of a waiver of responsibility in relation to a particular behaviour is also called into question, with the majority believing that “that is what counts”. In our interviews, we heard only four cases related to RNAs or related issues.