Current through Register Vol. 50, No. 9, September 20, 2024
NOTE: Code of Federal Regulations
pertaining to this Section are as follows:
42
CFR 483.420 and
483.410(1),
(2), (3). Federal laws pertaining to this
Section are as follows: Section 601 of Title VI of the Civil Rights Act of
1964; Section 504 of the Rehabilitation Act of 1973; and Age Discrimination Act
of 1975. The state law pertaining to this Section is R.S. 28.390 Rights
Law.
A. Written Policies. The ICF/MR
will establish written policies that safeguard clients' rights and define their
responsibilities. The ICF/MR chief executive officer and ICF/MR staff will be
trained in and will adhere to client rights policies and procedures. ICF/MR
personnel will protect and promote clients' civil rights and rights to a
dignified existence, self-determination, communication with and access to
persons and services inside and outside the facility and to exercise their
legal rights. The chief executive officer will be responsible for staff
compliance with client rights policies.
B. Notification of Rights
1. All clients, families, and/or responsible
parties will sign a statement that they have been fully informed verbally and
in writing of the following information at the time of admission and when
changes occur during the client's stay in the facility:
a. the facility's rules and
regulations;
b. their
rights;
c. their responsibilities
to obey all reasonable rules and regulations and respect the personal rights
and private property of clients; and
d. rules for conduct at the time of their
admissions and subsequent changes during their stay in the facility.
2. Changes in client right
policies will be conveyed both verbally and in writing to each client, family,
and/or responsible party at the time of or before the change.
3. Receipt of the change will be acknowledged
in writing by each client who is capable of doing so, family, and/or
responsible party.
4. A client's
written acknowledgment will be witnessed by a third person.
5. Each client must be fully informed in
writing of all services available in the ICF/MR and of the charges for these
services including any charges for services not paid for by Medicaid or not
included in the facility's basic rate per day charges. The facility must
provide this information either before or at the time of admission and on a
continuing basis as changes occur in services or charges during the client's
stay.
C. Civil Rights
Act of 1964 (Title VI). Title VI of the Civil Rights Act of 1964 states the
following: "No persons in the United States shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance." The facility will meet the following
criteria in regards to the above-mentioned Act.
1. Compliance. The facility will be in
compliance with Title VI of the Civil Rights Act of 1964 and will not
discriminate, separate, or make any distinction in housing, services, or
activities based on race, color, or national origin.
2. Written Policies. The facility will adopt
and implement written policies for compliance with the Civil Rights Act. All
employees and contract service providers who provide services to clients will
be notified in writing of the Civil Rights policy.
3. Community Notification. The facility will
notify the community that admission to the ICF/MR, services to clients, and
other activities are provided without regard to race, color, or national
origin.
a. Notice to the community may be
given by letters to and meetings with physicians, local health and welfare
agencies, paramedical personnel, and public and private organizations having
interest in equal opportunity.
b.
Notices published in newspapers and signs posted in the facility may also be
used to inform the public.
4. Housing. All clients will be housed
without regard to race, color, or national origin.
a. ICF/MRs will not have dual accommodations
to effect racial segregation.
b.
Biracial occupancy of rooms on a nondiscriminatory basis will be required.
There will be a policy prohibiting assignment of rooms by race.
c. Clients will not be asked if they are
willing to share a room with a person of another race, color, or national
origin.
d. Client transfer will not
be used to evade compliance with Title VI of the Civil Rights Act of
1964.
5. Open Admission
Policy. An open admission policy and desegregation of ICF/MR will be required,
particularly when the facility previously excluded or primarily serviced
clients of a particular race, color, or national origin. Facilities that
exclusively serve clients of one race have the responsibility for taking
corrective action, unless documentation is provided that this pattern has not
resulted from discriminatory practices.
6. Client Services. All clients will be
provided medical, non-medical, and volunteer services without regard to race,
color, or national origin. All administrative, medical and non-medical services
are covered by this requirement.
7.
All ICF/MR staff will be permitted to provide client services without regard to
race, color, or national origin.
a. Medical,
paramedical, or the professional persons, whether engaged in contractual or
consultative capacities, will be selected and employed in a nondiscriminatory
manner.
b. Opportunity for
employment will not be denied to qualified persons on the basis of race color,
or national origin.
c. Dismissal
from employment will not be based upon race, color, or national
origin.
D.Section 504 of the Rehabilitation Act of
1973. Facilities will comply with Section 504 of the Rehabilitation Act of 1973
that states: "No qualified person shall, on the basis of handicap, be excluded
from participation in, be denied the benefits of, or otherwise be subjected to
discrimination under any program or activity which receives or benefits from
federal financial assistance."
E.
Age Discrimination Act of 1975. This Act prohibits discrimination on the basis
of age in programs or activities receiving federal financial assistance. All
ICF/MRs must be in compliance with this Act.
F. Americans with Disabilities Act of 1990.
All ICF/MR facilities must be in compliance with this Act.
G. Client Rights. The facility must comply
with
42
CFR 483.420 and the provisions below.
1. Each client must:
a. be fully informed by a physician of his
health and medical condition unless the physician decides that informing the
client is medically contraindicated;
b. be given the opportunity to participate in
planning his total care and medical treatment;
c. be given the opportunity to refuse
treatment; and
d. give informed,
written consent before participating in experimental research.
2. If the physician decides that
informing the client of his health and medical condition is medically
contraindicated, he must document this decision in the client's
record.
3. Each client must be
transferred or discharged only in accordance with the discharge plans in the
IHP (see §10339, Client Health and Habilitation).
4. Each client must be:
a. encouraged and assisted to exercise his
rights as a client of the facility and as a citizen; and
b. allowed to submit complaints or
recommendations concerning the policies and services of the ICF/MR to staff or
to outside representatives of the client's choice or both, free from
restraining, interference, coercion, discrimination, or reprisal. This includes
the right to due process.
5. Each client must be allowed to manage his
personal financial affairs and taught to do so to the extent of individual
capability. If a client requested assistance from the facility in managing his
personal financial affairs:
a. the request
must be in writing; and
b. the
facility must comply with the record keeping requirements of Subchapter C,
Client Records and Subchapter E, Facility Records.
6. Freedom from Abuse and Restraints
a. Each client must be free from physical,
verbal, sexual or psychological abuse or punishment.
b. Each client must be free from chemical and
physical restraints unless the restraints are used in accordance with §10339,
Client Health and Habilitation.
7. Privacy
a. Each client must be treated with
consideration, respect, and full recognition of his dignity and
individuality.
b. Each client must
be given privacy during treatment and care of personal needs.
c. Each client's records, including
information in an automatic data base, must be treated
confidentially.
d. Each client must
give written consent before the facility may release information from his
record to someone not otherwise authorized by law to receive it.
e. A married client must be given privacy
during visits by his spouse.
NOTE: If both husband and wife are residents of the
facility, they must be permitted to share a room.
8. No client may be required to perform
services for the facility. Those clients who by choice work for the facility
must be compensated for their efforts at prevailing wages and commensurate with
their abilities.
9. Each client
must be allowed to:
a. communicate,
associate, and meet privately with individuals of his choice, unless this
infringes on the rights of another client;
b. send and receive personal mail unopened;
and
c. have access to telephones
with privacy for incoming and outgoing local and long distance calls except as
contraindicated by factors identified within his individual program
plan.
10. Each client
must be allowed to participate in social, religious, and community group
activities.
11. Each client must be
allowed to retain and use his personal possessions and clothing as space
permits.
12. Each client may be
allowed burial insurance policy(s). The facility administrator or designee,
with the client's permission, may assist the resident in acquiring a burial
policy, provided that the administrator, designee, or affiliated persons derive
no financial or other benefit from the resident's acquisition of the
policy.
H. Violation of
Rights. A person who submits or reports a complaint concerning a suspected
violation of a client's rights or concerning services or conditions in an
ICF/MR or who testifies in any administrative or judicial proceedings arising
from such complaints will have immunity from any criminal or civil liability
therefore, unless that person has acted in bad faith with malicious purpose, or
if the court finds that there was an absence of a justifiable issue of either
law or fact by the complaining party.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
46:153.