Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 117 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF ADULT DAY SERVICES PROGRAMS
Section 144-117-7 - Consumer Rights

7.2.1 The consumer has the right to exercise his or her right as a participant of the program and as a citizen or resident of the United States.

7.2.2 The consumer has the right to be free of interference, coercion, discrimination or reprisal from the program for exercising his or her rights.

7.2.3 In the case of a consumer adjudicated incompetent under the laws of the State by court of competent jurisdiction, the rights of the consumer are exercised by the person appointed under State law to act on the consumer's behalf.

7.2.4 The consumer has the right to inspect all records pertaining to himself/herself, upon oral or written request, within twenty-four (24) hours. Photocopies may be purchased and the program shall provide them within two (2) working days of the request.

7.2.5 The program must display information regarding advocacy and legal assistance services.

7.2.6 The consumer has the right to personal privacy for medical treatment, personal care and telephone communication, but this does not require that the program site provide a private room.

7.2.7 The consumer has the right to approve or refuse the release of program records to any individual or organization outside the program. The consumer's right to refuse release of program records does not apply when a record release is required by law or by third-party payment contract or when copies are requested by the Department

7.2.8 The consumer has the right to voice grievances without discrimination or reprisal.

7.2.9 The consumer has the right to file a complaint with the Division of Licensing and Certification, the Long Term Care Ombudsman Program, Legal Services for the Elderly and the Bureau of Elder and Adult Services respective to abuse, neglect and exploitation at the program site.

7.2.10 The consumer has the right to examine the most recent Division of Licensing and Certification survey findings of the program and any plan of correction in effect.

7.2.11 The consumer has the right to refuse to perform services for the program.

7.2.12 The program must permit each consumer to participate in the Adult Day Services Program and not discharge the consumer from the program unless:

7.2.13 The consumer/responsible party has a right to be notified in writing of the reasons for discharge from the program. This notice shall be in a language understood by the consumer and shall contain the effective date of the discharge. A minimum of two (2) weeks notice shall be given to the consumer, unless the safety and/or health of other consumers in the program would be endangered.

7.2.14 The consumer has the right to be free from any physical restraint imposed or psychoactive drug administered for purposes of punishment for certain behaviors or to accommodate the needs of the staff.

7.2.15 The consumer has the right to choose activities consistent with his/her interests, assessments and service plans.

7.2.16 The consumer has the right to be free from mental, verbal, physical, and/or sexual abuse, neglect and exploitation.