Current through Vol. 42, No. 1, September 16, 2024
(a) Each resident
is responsible for making a room and board payment to the group home provider
in accordance with the financial agreement.
(b) Unless otherwise indicated in the
resident's Individual Plan, each resident is responsible for participation in
meaningful activities including employment, vocational training, or adult day
services that occur outside the group home for a minimum of five hours per
weekday.
(c) Each group home
develops a statement of rights and responsibilities which includes, but is not
limited to, each resident's right to:
(1)
civil and religious liberties, including the right to independent personal
decisions and knowledge of available choices that must not be infringed. The
provider must encourage and assist in the exercise of these rights;
(2) private communications and consultations
with the resident's physician or attorney or any other person of the resident's
choice including sending and promptly receiving unopened personal
mail;
(3) without fear of reprisal,
present grievances and join with other residents or persons within or outside
of the group home to work for improvements in resident care;
(4) manage his or her financial affairs,
unless the resident delegates the responsibility in writing, to the provider.
The resident must have at least a quarterly accounting of any personal
financial transactions the group home provider undertakes on the resident's
behalf during any period of time the resident delegates such responsibilities
to the provider;
(5) receive
adequate and appropriate medical care consistent with established and
recognized medical practice standards within the community. Each resident:
(A) must be fully informed by the attending
physician of his or her medical condition and proposed treatment in terms and
language the resident understands; and
(B) has the right to refuse medication and
treatment after being fully informed of, and understanding the consequences of
such actions;
(6) respect
and privacy in the resident's medical care program.
(A) Discussion, consultation, examination,
and treatment must remain confidential and be conducted discreetly.
(B) Personal and medical records must be
confidential;
(7) retain
and use personal clothing and possessions, unless prohibited by law, and
security in the storage and use of such clothing and possessions;
(8) be treated courteously and
respectfully;
(9) be free from
mental and physical abuse, and free from physical and chemical restraints,
except for those physical and chemical restraints a health care professional
authorizes in writing, per Oklahoma Human Services (OKDHS) rules, for a
specified period of time;
(10)
receive a statement of the group home provider guidelines and an explanation of
the resident's responsibility to comply with all reasonable group home
regulations and to respect other resident's personal rights and private
property;
(11) receive a statement,
when adjudicated incapacitated, stating the rights and responsibilities per
this Section which must be exercised by a court-appointed guardian;
(12) privacy for conjugal visits. A resident
may share a room with a spouse, when the spouse resides in the same group
home;
(13) all rights specified in
Oklahoma Administrative Code (OAC)
340:100-3-1.2; and
(14) not perform services for a group home
provider, except for normal, shared household tasks.
(d) Upon admission of a resident and at least
annually thereafter, or upon request, each resident and resident's advocate or
legal guardian must be provided a copy of:
(1) the resident's rights; and
(2) procedures for grievances and appeal, per
OAC 340:2-3-54.
(e) The rights enumerated in this Section may
be limited for residents of an alternative group home.
(f) A service recipient has a right to
visitors of his or her choosing at any time per OAC
317:40-1-3(b)(6).
Any modification of a service recipient's right to visitors is permitted only
when requirements per OAC
317:40-1-3(b)(8)
are met.
(1) Visitors are not permitted to
enter the immediate living area of any service recipient without first
identifying themselves and receiving permission from the service recipient to
enter.
(2) The rights of other
service recipients present in the room must be respected.
(3) A service recipient may terminate a visit
at any time.
(g) OAC
340:100-6-41 does not limit the
power of OKDHS or any other public agency otherwise permitted or required by
law to enter and inspect a group home.
Added at 12 Ok Reg
409, eff 11-17-94 (emergency); Added at 12 Ok Reg 2491, eff 6-26-95; Amended at
24 Ok Reg 1046, eff 5-11-07
