Current through Register Vol. 51, No. 19, September 20, 2024
A. The agency shall ensure that agency staff
develops and implements written policies and procedures concerning clients'
rights and responsibilities.
B. The
agency shall make the policies and procedures available to clients or client
representatives.
C. The policies
and procedures shall ensure that the agency provides the client or client
representative with:
(1) An estimate of costs
associated with the services requested by the client;
(2) A statement clarifying the costs that the
client or client representative will be responsible for if services are not
covered by third-party payors;
(3)
Fully itemized billing statements, including dates of services and unit charge,
to be made available on request of the client or client
representative;
(4) The name of the
caregiver or caregivers referred by the agency to provide the service or
services;
(5) The name and contact
information for the individual who is responsible for supervising the client's
care;
(6) The telephone number
where a client or the client representative can contact the agency 24 hours a
day, 7 days a week regarding care; and
(7) Disclosure of any subcontractual
relationship with any individual or agency to be assigned or referred to
provide care to the client.
D. Rights.
(1) A client of an agency or, if appropriate,
the client representative with legal authority to make health care decisions
has the right to:
(a) Be treated with
consideration, respect, and full recognition of the client's human dignity and
individuality;
(b) Receive
treatment, care, and services that are adequate, appropriate, and in compliance
with relevant State, local, and federal laws and regulations;
(c) Participate in the development of the
client's care plan and medical treatment;
(d) Refuse treatment after the possible
consequences of refusing treatment have been fully explained;
(e) Privacy;
(f) Be free from mental, verbal, sexual, and
physical abuse, neglect, involuntary seclusion, and exploitation; and
(g) Confidentiality.
(2) A client or client representative has the
right to:
(a) Make suggestions or complaints,
or present grievances on behalf of the client to the agency, government
agencies, or other persons without the threat or fear of retaliation;
(b) Receive a prompt response, through an
established complaint or grievance procedure, to any complaints, suggestions,
or grievances the participant may have; and
(c) Have access to the procedures for making
a complaint to the Office of Health Care Quality, and to:
(i) The Adult Protective Services Program of
the local department of social services, if the client is an adult;
or
(ii) The Child Protective
Services Program of the local department of social services, if the client is a
minor.
E. Advanced Directives. With the exception of
durable medical equipment agencies, an agency shall:
(1) Provide information to a client about
advance directives and the right to have an advance directive; and
(2) Obtain information regarding the client's
advance directives to determine whether the advance directive information has
an impact on care provided.
F. Client Directed Care. The agency shall
honor the right of:
(1) A cognitively capable
adult client, or a client representative with legal authority to make health
care decisions, to refuse any portion of planned treatment or other portions of
the treatment plan, except where medical contraindications to partial treatment
exist; and
(2) A cognitively
capable adult client to have an individual who is not certified to provide
assistance with activities of daily living and treatments of a routine nature
if the client signs a waiver of skilled services detailing the potential risks
and benefits of waiver as required under Regulation .12D of this
chapter.
G. Informed
Consent. The agency shall provide sufficient information to the client or the
client representative to allow the client or the client representative to make
an informed decision regarding treatment as required under Regulation .12D of
this chapter, including:
(1) The purpose and
nature of an evaluation or treatment regimen;
(2) Alternatives to treatment;
(3) Side effects and benefits of a proposed
treatment regimen and the alternatives to the treatment;
(4) The estimated cost of the treatment and
the alternatives; and
(5) The right
to withdraw from treatment at any time, including the risks associated with
withdrawing from treatment.
H. Client Participation. The agency shall
allow a client, or client representative with legal authority to make health
care decisions, to accept or reject, at the client's or client representative's
discretion without fear of retaliation from the agency, any employee,
independent contractor, or contractual employee that is referred by the
agency.
