Current through Register Vol. 41, No. 3, September 23, 2024
A. All participants shall be guaranteed the
following:
1. The right to be treated as an
adult, with consideration, respect, and dignity, including privacy in treatment
and care of personal needs.
2. The
right to participate in a program of services and activities designed to
interest and engage the participant and encourage independence, learning,
growth, awareness, and joy in life.
3. The right to self-determination within the
center setting, including the opportunity to:
a. Participate in developing or changing
one's plan of care;
b. Decide
whether or not to participate in any given activity;
c. Be involved to the extent possible in
program planning and operation;
d.
Refuse treatment and be informed of the consequences of such refusal;
and
e. End participation at the
center at any time.
4.
The right to a thorough initial assessment, development of an individualized
participant plan of care, and a determination of the required care needs and
necessary services.
5. The right to
be cared for in an atmosphere of sincere interest and concern in which needed
support and services are provided.
6. The right to a safe, secure, and clean
environment.
7. The right to
receive nourishment and assistance with meals as necessary to maximize
functional abilities and quality and enjoyment of life.
8. The right to confidentiality and the
guarantee that no personal or medical information or photographs will be
released to persons not authorized under law to receive it without the
participant's written consent.
9.
The right to voice or file grievances about care or treatment and to make
recommendations for changes in the policies and services of the center, without
coercion, discrimination, threats, or reprisal for having voiced or filed such
grievances or recommendations.
10.
The right to be fully informed, as documented by the participant's written
acknowledgment, of all participant rights and responsibilities and of all rules
and regulations regarding participant conduct and responsibilities.
11. The right to be free from harm or fear of
harm, including physical or chemical restraint, isolation, excessive
medication, and abuse or neglect.
12. The right to be fully informed, at the
time of acceptance into the program, of services and activities available and
related charges.
13. The right to
communicate with others and be understood by them to the extent of the
participant's capability.
B. The rights of participants shall be
printed in at least 14-point type and posted conspicuously in a public place in
the center.
C. The center shall
make its policies and procedures available and accessible to participants,
relatives, agencies, and the general public.
D. Each center shall post the name and
telephone number of the appropriate regional licensing administrator of the
department; the Adult Protective Services toll-free telephone number; the
toll-free telephone number of the Virginia Long-Term Care Ombudsman Program and
any local ombudsman program servicing the area; and the toll-free telephone
number of the disability Law Center of Virginia.
E. The rights and responsibilities of
participants shall be reviewed annually with each participant, or, if a
participant is unable to fully understand and exercise his rights and
responsibilities, the annual review shall include his family member or his
legal representative. Evidence of this review shall include the date of the
review and the signature of the participant, family member, or legal
representative and shall be included in the participant's file.
F. A participant shall be assumed capable of
understanding and exercising these rights and responsibilities unless a
physician determines otherwise and documentation is contained in the
participant's record.
Statutory Authority: §
63.2-1733
of the Code of Virginia.
