Current through Register 1531, September 27, 2024
(A)
Exercise of Rights.
(1) A participant has the right to be free
from interference, coercion, and reprisal from the Program in exercising his or
her rights.
(2) A participant has
the right to be free from discrimination on the grounds of source of referral,
source of payment, race, religion, national origin, sex, sexual orientation,
age, or disability.
(3) In the case
of a participant adjudged incompetent under the state law by a court, the
rights of the participant are exercised by the person appointed under state law
to act on the participant's behalf. In the case of a participant who has not
been adjudged incompetent by the State court, any legal-surrogate designated in
accordance with state law may exercise the participant's rights to the extent
provided by state law.
(4) A
participant or his or her legally authorized representative, upon request, has
the right:
(a) To access all of his or her
records within 24 hours; and
(b) To
purchase, at a cost not to exceed the community standard, photocopies of the
records within two business days.
(c) To receive upon request the name and
specialty of the person(s) responsible for his or her care and the coordination
of his or her care; and
(d) To
receive an explanation as to the relationship, if any, of the Program to any
other health care program or educational institution insofar as said
relationship relates to his or her care or treatment.
(B)
Notice of Rights
and Services.
(1) A participant
has the right to be fully informed, both orally and in writing, in a language
that the participant understands, as documented by the participant's written
acknowledgment, of all participant rights.
(2) A participant has the right to receive a
copy of participant rights stated in 105 CMR 158.041 upon request.
(3) A participant has the right to be
notified whenever there is a change in participant rights.
(C)
Free Choice.
(1) A participant has the right to informed
consent.
(2) A participant has the
right to refuse treatment and medication.
(3) A participant has the right to make
advanced directives about his or her medical care.
(4) A participant has the right to be fully
informed in a language that he or she can understand of his or her total health
status, including but not limited to, his or her medical condition.
(5) A participant has the right to refuse to
be examined, observed, or treated by students or any other Program
personnel.
(6) A participant has
the right to refuse to serve as a research subject and to refuse any care or
examination when the primary purpose is educational or informational rather
than therapeutic.
(7) A participant
has the right to refuse to perform services for the Program.
(D)
Privacy and
Confidentiality.
(1) A
participant has the right to refuse the release of, and the Program must keep
confidential, all information contained in the participant's records,
regardless of the form or storage method of the records, except when release is
required by:
(a) Transfer to another health
care institution;
(b)
Law;
(c) Third party payment
contract; or
(d) The
participant.
(2) A
participant has the right to privacy during personal treatment and
care.
(E)
Grievances.
(1) A
participant has the right to voice grievances without discrimination or
reprisal. Grievances include those with respect to treatment which has been
furnished as well as that which has not been furnished.
(2) A participant has the right to prompt
efforts by the Program to resolve grievances the participant may have,
including those with respect to the behavior of other participants. Such
grievances and the action taken by the Program shall be documented in the
participant's health record.
(F) A participant has the right to examine
the state license inspection reports for the Program. The Program must make the
results available for examination in a place readily accessible to participants
without the need to request access.
(G) A participant has the right to private,
unrestricted, communication with persons of his or her choice while at the
Program, including privacy for telephone calls and meetings.
(H)
Quality of Life and
Care.
(1) A participant has the
right to be free from isolation, aversive interventions, unnecessary
medication, and mental and physical abuse, mistreatment, and neglect.
(2) A participant has the right to be free
from chemical and physical restraints imposed for purposes of discipline or
convenience and not required to treat any medical symptom.
(3) A participant has the right to prompt
life saving treatment in an emergency.
(4) A participant has the right to receive
adequate and appropriate health care.
(5) A participant has the right to be treated
with consideration, respect, and dignity.
(6) A participant has the right to have all
reasonable requests, within the capacity of the Program, responded to promptly
and adequately.
(I) The
enrollment of a participant in a Program and his or her presence therein shall
not confer on the Program or its licensee, Program Director, personnel, or
representatives the authority to manage, use, or dispose of any property of a
participant without a written authorization from the participant or his or her
legally authorized representative, except in accordance with
105 CMR
158.039(M)(8). The Program
Director may require that valuables be excluded or removed from the premises,
when necessary, for the protection of those valuables and to avoid unreasonable
responsibility.
