Current through Register Vol. 50, No. 9, September 20, 2024
A. Unless
adjudicated by a court of competent jurisdiction, client's served by HCBS
provider's shall have the same rights, benefits and privileges guaranteed by
the constitution and the laws of the United States and Louisiana, including but
not limited to the following:
1. human
dignity;
2. impartial access to
treatment regardless of:
a. race;
b. religion;
c. sex;
d. ethnicity;
e. age; or
f. disability;
3. cultural access as evidenced by:
a. interpretive services;
b. translated materials;
c. the use of native language when possible;
and
d. staff trained in cultural
awareness;
4. have sign
language interpretation, allow for the use of service animals and/or mechanical
aids and devices that assist those persons in achieving maximum service
benefits when the person has special needs;
5. privacy;
6. confidentiality;
7. access his/her records upon the client's
written consent for release of information;
8. a complete explanation of the nature of
services and procedures to be received, including:
a. risks;
b. benefits; and
c. available alternative services;
9. actively participate in
services, including:
a.
assessment/reassessment;
b. service
plan development; and
c.
discharge;
10. refuse
specific services or participate in any activity that is against their will and
for which they have not given consent;
11. obtain copies of the provider's complaint
or grievance procedures;
12. file a
complaint or grievance without retribution, retaliation or discharge;
13. be informed of the financial aspect of
services;
14. be informed of the
need for parental or guardian consent for treatment of services, if
appropriate;
15. personally manage
financial affairs, unless legally determined otherwise;
16. give informed written consent prior to
being involved in research projects;
17. refuse to participate in any research
project without compromising access to services;
18. be free from mental, emotional and
physical abuse, coercion and neglect;
19. be free from all restraints;
20. receive services that are delivered in a
professional manner and are respectful of the client's wishes concerning their
home environment;
21. receive
services in the least intrusive manner appropriate to their needs;
22. contact any advocacy resources as needed,
especially during grievance procedures;
23. discontinue services with one provider
and freely choose the services of another provider;
24. freedom and support to control their own
schedules and activities;
25.
access to food at any time; and
26.
have visitors of their choosing at any time.
B. An HCBS provider shall assist in obtaining
an independent advocate:
1. if the client's
rights or desires may be in jeopardy;
2. if the client is in conflict with the
provider; or
3. upon any request of
the client.
C. The
client has the right to select an independent advocate, which may be:
1. a legal assistance corporation;
2. a state advocacy and protection
agency;
3. a trusted church or
family member; or
a. - d.
Repealed.
4. any other
competent key person not affiliated in any way with the licensed
provider.
5. - 23.
Repealed.
D. The client,
client's family and legal guardian, if one is known, shall be informed of their
rights, both verbally and in writing in a language they are able to understand.
D. 1. - F. Repealed.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2120.1.
