Utah Administrative Code
Topic - Health
Title R432 - Health Care Facility Licensing
Rule R432-152 - Intermediate Care Facility for Individuals with Intellectual Disabilities
Section R432-152-7 - Client Rights
Universal Citation: UT Admin Code R 432-152-7
Current through Bulletin 2024-06, March 15, 2024
(1) The licensee shall ensure the rights of the clients are protected and shall:
(a) inform each client, or legal guardian, of
the client's rights as outlined in this section and the rules of the
facility;
(b) inform each client or
legal guardian of the client's medical condition, developmental and behavioral
status, attendant risks of treatment, and of the right to refuse
treatment;
(c) allow and encourage
each client to exercise their rights as a client of the facility, and as a
citizen of the United States, including the right to file complaints, voice
grievances, and recommend changes in policies and procedures to facility staff
and outside representatives of personal choice, free from restraint,
interference, coercion, discrimination, or reprisal;
(d) allow each client to manage their
financial affairs and teach them to do so to the extent of their
capabilities;
(e) ensure that
clients are not subjected to physical, verbal, sexual or psychological abuse or
punishment;
(f) ensure that clients
are free from unnecessary medications and physical restraints and are provided
active treatment services to reduce dependency on medications and physical
restraints;
(g) provide each client
with the opportunity for personal privacy and ensure privacy during treatment
and care of personal needs;
(h)
ensure the clients are not compelled to participate in publicity events,
fundraising activities, movies or anything that would exploit the
client;
(i) ensure that clients are
not compelled to perform services for the facility and ensure that clients who
do work for the facility are compensated for their efforts at prevailing wages
commensurate with their abilities;
(j) ensure clients the opportunity to
communicate, associate and meet privately with individuals of their choice,
including legal counsel and clergy, and to send and receive unopened
mail;
(k) ensure clients have
access to a telephone with privacy for incoming and outgoing local and
long-distance calls except as contraindicated by factors identified within
their individual program plan;
(l)
ensure clients the opportunity to participate in social and community group
activities and the opportunity to exercise religious beliefs and to participate
in religious worship services without being coerced or forced into engaging in
any religious activity;
(m) ensure
that clients have the right to keep and use appropriate personal possessions
and clothing, and ensure that each client is dressed in their own clothing each
day; and
(n) permit a married
couple to reside together as a couple.
(2) The licensee shall ensure facility staff:
(a) promote participation of parents and
legal guardians of clients who are minors in the client's active treatment
services, unless their participation is unobtainable or
inappropriate;
(b) answer
communications from clients' families and friends promptly and
appropriately;
(c) promote visits
by individuals with a relationship to the client, such as family, close
friends, legal guardians and advocates, at any reasonable hour, without prior
notice, consistent with the right of the client's and other clients' privacy,
unless the interdisciplinary team determines that the visit would not be
appropriate for that client;
(d)
promote visits by parents or guardians to any area of the facility that
provides direct client care services to the client, consistent with right of
that client's and other clients' privacy;
(e) promote frequent and informal leaves from
the facility for visits, trips or vacations;
(f) promptly notify the client's parents or
guardian of any significant incidents or changes in the client's condition
including serious illness, accident, death, abuse or unauthorized
absence;
(g) provide support for
client access to information about home and community-based services;
(h) provide support for clients in moving
into a home or community-based environment; and
(i) do not discourage a client from access to
information, making decisions about, learning about or moving into home and
community-based services.
(3) A facility employee is considered to have discouraged access to community-based services under Subsection R432-153-7(2)(i) if they attempt to or seek to prevent client access by:
(a) limiting client access to
information;
(b) providing false
information;
(c) expressing
disapproval of community-based services;
(d) preventing communication with outside
organizations and government agencies; or
(e) interfering with the transition
process.
(4)
(a) The administrator shall develop and
implement written policies and procedures that prohibit abuse, neglect or
exploitation of clients.
(b) Any
person, including a social worker, physician, psychologist, nurse, teacher or
employee of a private or public facility serving adults, who has reason to
believe that any disabled or elder adult has been the subject of abuse,
emotional or psychological abuse, neglect or exploitation, shall immediately
notify the nearest peace officer, law enforcement agency or local office of
Adult Protective Services in accordance with Section
26B-6-202.
(c) The administrator shall document and
ensure that alleged violations are thoroughly investigated and shall prevent
further potential abuse while the investigation is in progress.
(d) The administrator shall report the
results of investigations within five working days of the incident. If the
alleged violation is verified, the administrator shall take appropriate
corrective action.
(e) The
administrator or designee shall plan and document annual in-service training of
staff on the reporting requirements of suspected abuse, neglect and
exploitation.
(f) A licensee shall
not retaliate, discipline or terminate an employee who reports suspected abuse,
neglect or exploitation for that reason alone.
(5) A client under the age of 22 years may not live in the same room with:
(a) more than
one individual; or
(b) individuals
over the age of 22 years, unless they are members of the individual's immediate
family.
(6) The administrator shall develop written policies and procedures to implement Subsection R432-152-7(5) and obtain written approval from the department for any exceptions.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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