Current through Register Vol. 50, No. 9, September 20, 2024
A. All case
managers must conform to applicable state laws and DHH policies and procedures
relative to consumer rights, including but not limited to those concerning
confidentiality of consumer information and grievance procedures and consumer's
right to appeal department decisions on service eligibility, planning, and
delivery.
B. All case managers must
conform to applicable state laws and DHH policies and procedures regarding
consumer health and safety including but not limited to those concerning
transporting consumers and abuse/neglect reporting.
C. There must be written policies and
procedures that protect the consumer's welfare including the means by which the
protections will be implemented and enforced.
D. The consumer, consumer's family or legal
guardian, where appropriate, must be informed of their rights both verbally and
in writing in language the consumer is able to understand.
E. The written policies and procedures, at a
minimum, must address the following protections and rights:
1. to human dignity;
2. to acceptance of chosen life
style;
3. to impartial access to
treatment regardless of race, religion, sex, ethnicity, age or
handicap;
4. cultural access is
evidenced through provision of:
a.
interpretive services
b. translated
material
c. use of native language
and staff when possible
d. staff
trained in cultural awareness
5. access to persons with special needs is
evidenced through sign language interpretation and mechanical aids and devices
that assist those persons in achieving maximum benefit from services;
6. to privacy;
7. to confidentiality and access to consumer
records including:
a. requirement for the
consumer's written, informed consent for release of information
b. emergency unauthorized release
c. internal access to consumer
records
d. external access to
consumer records
e. conditions for
consumer access to his/her records
8. to a complete explanation of the nature of
services and procedures to be received including risks, benefits and available
alternative services;
9. to
participate, actively, in services including assessment/reassessment, service
plan development, and transition/closure;
10. to refuse specific services;
11. to complaint/grievance
procedures;
12. to be informed of
the financial aspects of services;
13. to be informed of the need for parental
or guardian consent for treatment or services, if appropriate;
14. to manage, personally, financial affairs
unless legally determined otherwise;
15. to give informed written consent prior to
being involved in research projects;
16. to refuse to participate in any research
project without compromising access to services;
17. to protection from harm including any
form of abuse, neglect, or mistreatment;
18. to receive services in a safe and humane
environment;
19. to receive the
least intrusive services appropriate and available;
20. to contact any advocacy resources as
needed, especially during grievance procedures;
21. to be informed of the right to freely
choose providers from those available.
F. A provider must ensure that consumers are
provided all rights available to them be they interdicted or not.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
28:380-451.
