Current through all regulations passed and filed through September 16, 2024
(A) Program participants have the following
rights from the time of program referral throughout participation in home
visiting services:
(1) To be informed of
rights in the participant's native language, unless clearly not feasible to do
so;
(2) To be fully informed of all
information relevant to the activity for which written consent is sought before
any service begins, to include:
(a) The
administration of any assessment or screening tool;
(b) Any disclosure of service, permission,
activities, or records to any requesting entity.
(3) To participate or decline to participate
in home visiting services at any time and to be informed of how refusal to
consent will affect the ability to receive services in the program;
(4) To revoke previously provided consents at
any time;
(5) To request to review
or receive a copy of the participant's record,
including completed family goal plans, at any time during program
participation and until six years past the date of receipt of payment and to
either review the record or receive a copy of the record within ten days;
(6) To be fully
informed of requests for personally identifiable information, to include
purpose and time period of request; and to provide authorization,
before personally identifiable information would be shared, unless such
disclosure is authorized under state and federal law;
(7) To
file a complaint with the provider and with the department about program
services in accordance with paragraph (B) of this rule.
(B) Providers will provide
printed materials and verbal communication informing every program participant
how to file a complaint about the home visiting program, in accordance with
this chapter.
(C) When a home
visiting program participant files a complaint, the complaint
will
include the following to be sufficient:
(1)
The name, address, and contact information of the program participant who is
making the complaint;
(2) Complaint
will be
in writing and be signed by program participant;
(3) A statement describing how the department
or home visiting provider has not met service expectations, or has violated
any
obligations
of this
rule;
(4) The facts on which the
statement is based;
(5) The name of
the home visitor and home visiting provider agency serving program participant
at time of complaint;
(6)
Complaint(s) will be submitted to the director within a period not
to exceed sixty days from the date of the allegation.
(D) When the department receives a sufficient
complaint as set forth in paragraph (C) of this rule, the department
will
contact the caregiver and explain the options available for dispute resolution.
The department will investigate the complaint at no cost to the
program participant. The investigation and a written decision
will be
completed by the department within sixty days of receipt of a sufficient
complaint.
(E) Providers
will
ensure that program participants are informed, in writing, of their rights
before consent to participate is sought and at least annually thereafter for
the duration of program participation.
(F) Providers will ensure that
program participants provide written consent in every applicable instance
related to their services in accordance with paragraph (A) of
this rule.
(G) Except when
authorized by state or federal law, providers will ensure that
prior to releasing personally identifiable information to any individual or
entity, that written consent is obtained utilizing a form approved by the
director, which will include:
(1) The
individual, and when applicable, agency, to whom information will be
given;
(2) The type of information
that will be given;
(3) The
intended purpose for sharing the information;
(4) An expiration date of the consent not to
exceed one year; and
(5) A
signature and date the form was signed.
