(a) Written
policies regarding the rights and responsibilities of clients during their stay
in the center shall be established and shall be made available to the client,
to any guardian, next of kin, sponsoring agency or representative payee, and to
the public. The center's policies and procedures shall provide that each
individual admitted to the center shall:
(1)
Be fully informed, as evidenced by the client's written signed acknowledgement
prior to or at the time of admission, of these rights and of all rules
governing client conduct;
(2) Be
fully informed, prior to or at the time of admission and during stay, of
services available in or through the center and of related charges, including
any charge for services not covered by the center's basic per diem
rate;
(3) Be advised that clients
have a right to have their medical condition and treatment discussed with them
by a physician of their choice, and to be afforded the opportunity to
participate in the planning of their medical treatment and to refuse to
participate in experimental research;
(4) Have the right to refuse treatment after
being informed of the medical benefits of treatment, the consequences of
refusal, and the medical alternatives;
(5) Be encouraged and assisted throughout
their period of stay to exercise their rights as clients, and to this extent to
have grievances and to recommend changes in policies and services to the
center's staff and outside representative of their choice free from restraint,
interference, coercion, discrimination, or reprisal;
(6) Not be humiliated, harassed, injured, or
intimidated and shall be free from chemical and physical restraints. Physical
restraints may be used only in an emergency when necessary to protect the
client from injury to the client or others. In such an event, the client's
physician shall be notified as soon as possible and further orders obtained; as
provided in section
11-96-35;
(7) Be entitled to have their personal and
health records kept confidential and subject to release only as provided in
section
11-96-24;
(8) Be treated with consideration, respect,
and in full recognition of their dignity and individuality, including privacy
in treatment and in care as appropriate;
(9) Not be required to perform services for
the center that are not included for therapeutic purposes in their plan of
care;
(10) Have reasonable access
to telephones, both to make and receive confidential calls, or to have such
calls made for the client, if necessary;
(11) Be allowed to end participation at the
adult day health center at any time; and
(12) Be discharged only for medical reasons,
or for the client's welfare or that of other clients, or for non-payment for
services, and be given reasonable advance notice to ensure orderly discharge.
Such actions shall be documented in the client's record.
(b) Each center shall have a formal fair
hearing written procedure for any alleged client's rights
infractions.
(c) Each adult day
health center shall post a list of client's rights in a prominent place in the
center.
(d) The center shall
provide for and encourage each employee to report observations or evidence of
abuse.
