Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 87 - Adult Brain Injury Facilities Licensing Standards
Subchapter C - Client Protection
Section I-8751 - Client Rights
Universal Citation: LA Admin Code I-8751
Current through Register Vol. 50, No. 9, September 20, 2024
A. The facility shall have a written policy regarding clients rights. The policy shall assure the client has the right to:
1. not be
deprived of civil or legal rights;
2. not be denied admission, segregated or
otherwise subjected to discrimination on the basis of race, sex, handicap,
creed, national background or ancestry; a facility that is a religious
organization may limit admissions to its own adherents;
3. live within the least restrictive
environment possible in order to retain their individuality and personal
freedom; staff shall knock and request entrance before entering any
bedroom;
4. be treated as
individuals and with dignity, be assured choice and privacy and the opportunity
to act autonomously, take risks to enhance independence and share
responsibility for decisions;
5. be
allowed to participate, and have family participate, if desired, in the
planning of activities and services;
6. receive or refuse care and services that
are adequate, appropriate and in compliance with conditions of residency,
relevant federal and state laws, rules and regulations;
7. be free from mental, emotional and
physical abuse and neglect and assured that no chemical restraints will be
used;
8. have records and other
information about the client kept confidential and released only with a clients
expressed written consent;
9. have
a service animal for medical reasons;
10. have visitors of their choice, as long as
the rights of others are not infringed upon;
11. have access to private telephone
communication;
12. send and receive
mail promptly and unopened;
13.
furnish their own rooms and use and maintain personal clothing and possessions
as space permits;
14. manage his or
her personal funds unless such authority has been delegated to another.
NOTE: If authority to manage personal funds has been delegated to the facility, the client has the right to examine the account during business hours;
15.
have freedom to participate in accessible community activities and in social,
political, medical, and religious activities and to have freedom to refuse such
participation;
16. arrange for
third-party services at their own expense, that are not available through the
facility as long as the client remains in compliance with the conditions of
residency;
17. to be informed of
grievance process or procedures and receive response to grievances without fear
of reprisal and to voice grievances and suggest changes in policies and
services to either staff or outside representatives without fear of reprisal or
other retaliation;
18. be given
written notice of not less than 30 days prior to discharge from the facility,
except in life-threatening emergencies and when the client is a danger to
himself/herself or to others;
19.
remain in the current facility, foregoing a recommended transfer to obtain
additional services, if a mutually agreed upon risk agreement is signed by the
client, the responsible representative (if any) and the facility as long as it
does not place the facility in conflict with these or other laws or
regulations;
20. receive at least a
24-hour notice prior to a change in room/unit, be informed of the reason for
the move and the right to be informed when their roommate is being
changed;
21. live in a physical
environment which ensures their physical and emotional security and
well-being;
22. retain the services
of his/her own personal physician, dentist or other health care
provider;
23. confidentiality and
privacy concerning his/her medical and dental condition and treatment;
and
24. select the pharmacy or
pharmacist of their choice.
B. Each client shall be fully informed of these rights and of all rules and regulations governing clients conduct and responsibilities, as evidenced by written acknowledgement, prior to or at the time of admission and when changes occur. Each clients file shall contain a copy of the written acknowledgement which shall be signed and dated by the director/designee, client and/or representative.
C. A copy of these rights shall be posted conspicuously in the facility.
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2120.31-40.
Disclaimer: These regulations may not be the most recent version. Louisiana 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.
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