Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 3 - Licensing and Certification
Chapter 90 - Psychiatric Residential Treatment Facilities (under 21)
Subchapter E - Facility Operations
Section I-9071 - Resident Rights and Grievance Procedure [Formerly Section 9085]
Universal Citation: LA Admin Code I-9071
Current through Register Vol. 50, No. 9, September 20, 2024
A. Every resident shall have the following rights, none of which shall be abridged by the PRTF or any of its staff. The PRTF administrator shall be responsible for developing and implementing policies to protect resident rights and to respond to questions and grievances pertaining to resident rights. These rights shall include at least the following:
1. every
resident, or his/her designated representative, shall whenever possible, be
informed of the resident's rights and responsibilities in advance of furnishing
or discontinuing resident care;
2.
the right to have a family member, chosen representative and/or his or her own
physician notified promptly of admission to the PRTF;
3. the right to receive treatment and medical
services without discrimination based on race, age, religion, national origin,
sex, sexual preferences, handicap, diagnosis, ability to pay or source of
payment;
4. the right to be treated
with consideration, respect and recognition of their individuality, including
the need for privacy in treatment;
5. the right to receive, as soon as possible,
the services of a translator or interpreter, if needed, to facilitate
communication between the resident and the PRTF's health care
personnel;
6. the right to
participate in the development and implementation of his/her plan of
care;
7. every resident or his/her
representative (as allowed by state law) has the right to make informed
decisions regarding his/her care;
8. the resident's rights include being
informed of his/her health status, and being involved in care planning and
treatment;
9. the right to be
included in experimental research only when he/she gives informed, written
consent to such participation, or when a guardian provides such consent for an
incompetent resident in accordance with appropriate laws and regulations. The
resident may refuse to participate in experimental research, including the
investigations of new drugs and medical devices;
10. the right to be informed if the PRTF has
authorized other health care and/or educational institutions to participate in
the resident's treatment. The resident shall also have a right to know the
identity and function of these institutions;
11. the right to be informed by the attending
physician and other providers of health care services about any continuing
health care requirements after the resident's discharge from the PRTF. The
resident shall also have the right to receive assistance from the physician and
appropriate PRTF staff in arranging for required follow-up care after
discharge;
12. the right to consult
freely and privately with his/her parent(s) or legal guardian(s);
13. the right to consult freely and privately
with legal counsel, as well as the right to employ legal counsel of his/her
choosing;
14. the right to make
complaints without fear of reprisal;
15. the opportunity for telephone
communication;
16. the right to
send and receive mail;
17. the
right to possess and use personal money and belongings, including personal
clothing, in accordance with the facility's policies;
18. the right to visit or be visited by
family and friends subject only to reasonable rules and to any specific
restrictions in the resident's treatment plan. Special restrictions shall be
imposed only to prevent serious harm to the resident. The reasons for any
special restrictions shall be recorded in the resident's treatment
plan;
19. the right to have the
individual resident's medical records, including all computerized medical
information, kept confidential;
20.
the right to access information contained in his/her medical records within a
reasonable time frame subject to the exception contained in
§
9035. L.1
f;
21. the right to be free from
all forms of abuse and harassment;
22. the right to receive care in a safe
setting;
23. the right to be
informed in writing about the PRTF's policies and procedures for initiation,
review and resolution of resident complaints;
24. the provider shall ensure that each
resident has access to appropriate educational services consistent with the
resident's abilities and needs, taking into account his/her age and level of
functioning;
25. the provider shall
have a written description regarding the involvement of the resident in work
including:
a. a description of any unpaid
tasks required of the resident;
b.
a description of any paid work assignments including the pay scales for such
assignments;
c. a description of
the provider's approach to supervising work assignments;
d. assurance that the conditions and
compensation of such work are in compliance with applicable state and federal
laws;
e. all work assignments shall
be in accordance with the resident's treatment plan;
f. the provider shall assign as unpaid work
for the resident only housekeeping tasks similar to those performed in a normal
family home. Any other work assigned shall be compensated, at such rate and
under such conditions as the resident might reasonably be expected to receive
for similar work in outside employment;
26. every resident shall be permitted to
attend religious services in accordance with his/her faith. Residents shall not
be forced to attend religious services; and
27. in addition to the rights listed herein,
residents have the rights provided in the Louisiana Mental Health
Law.
B. Grievance Procedure for Residents
1. The provider shall
have a written grievance procedure for residents designed to allow residents to
make complaints without fear of retaliation.
2. The provider shall document that the
resident and the resident's parent(s) or legal guardian(s) are aware of and
understand the grievance procedure.
3. The provider shall document the resolution
of the grievance in the resident's record.
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2009.
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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