Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED
Subchapter 1 - SMALL INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED
Section 11-99-29 - Resident's rights
Universal Citation: HI Admin Rules 11-99-29
Current through February, 2024
(a) Written policies regarding the rights and responsibilities of residents during their stay in the facility shall be established and shall be made available to the resident, to any guardian, next of kin, sponsoring agency or representative payee, and to the public. The facility's policies and procedures shall provide that each individual admitted to the facility shall:
(1) Be fully informed, as evidenced by the
resident's or guardian's written, signed acknowledgement prior to or at the
time of admission and during stay, of these rights and of all regulations
governing resident conduct.
(2) Be
fully informed, prior to or at the time of admission and during stay, of
services available in or through the facility and of related charges, including
any charges for services not covered by the facility's basic per diem
rate.
(3) Be advised that the
residents have a right to have their medical condition and treatment discussed
with them by a physician of their choice, unless medically contraindicated, 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 the treatments and the medical
consequence of such refusal.
(5) Be
transferred or discharged only for medical reasons, or for their welfare or
that of other residents, or for nonpayment for their stay, and be given
reasonable advance notice to ensure orderly transfer or discharge. Transfer or
discharge actions shall be documented in the residents' health
record.
(6) Be encouraged and
assisted throughout their period of stay to exercise their rights as a
resident, and to this extent voice grievances and recommend changes in policies
and services to the facility's staff or outside representative of their choice,
free from restraint, interference, coercion, discrimination or
reprisal.
(7) Manage their personal
financial affairs. In the event the facility agrees to manage the resident's
personal funds, the conditions under which the facility will exercise the
responsibility shall be explained to the resident, and shall meet the minimum
requirements of §
11-99-27.
(8) Not be humiliated, harassed, injured, or
threatened and shall be free from chemical and physical restraints. This does
not exclude use of medication for treatment as ordered by a physician. Physical
restraints may be used in an emergency, when necessary, to protect the resident
from injury to himself or herself or others. In such an event, the resident's
physician shall be notified as soon as possible and further orders obtained for
care of the resident.
(9) Be
entitled to have their personal and medical records kept confidential and
subject to release only as provided in §
11-99-28.
(10) Be treated with consideration, respect
and full recognition of their dignity and individuality, including privacy in
treatment and in care.
(11) Not be
required to perform services for the facility, its licensee or staff that are
not included for therapeutic purposes in their plan of care.
(12) Have the right to associate and
communicate privately with persons of their choice, and to send and receive
their personal mail unopened. At their request, to be visited by members of the
clergy at any time.
(13) Have the
right to meet with and participate in activities of social, religious, and
community groups at their discretion.
(14) Retain and use their personal clothing
and possessions as space permits, unless to do so would infringe upon the
rights of other residents.
(15) Be
assured privacy for visits and the right to share a room with a
spouse.
(16) Have daily visiting
hours established.
(17) Participate
in a behavioral modification program involving the use of restraints or
aversive stimuli only with the informed consent of the resident or parent or
guardian if resident is a minor or incompetent adult.
(b) Responsibilities of residents to the facility: The resident or responsible agent shall sign an acknowledgement of understanding which clearly states the policies of the facility with which the resident shall comply.
Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
