Current through Register Vol. 41, No. 3, September 23, 2024
A.
Adults in the care of local department-approved providers shall have the rights
and responsibilities specified in this section. The provisions of this section
shall not be construed to restrict or abridge any right that any adult has
under the law. The provider shall establish policies and procedures to ensure
that adults in care are aware of the following rights:
1. To be fully informed, prior to the
beginning of the provision of services, of his rights and of all rules and
expectations governing his conduct and responsibilities; the adult and, if
appropriate, his responsible persons shall acknowledge, in writing, receipt of
this information, which shall be filed in his record;
2. To be fully informed, prior to the
beginning of the provision of services, of services available and of related
charges, if any; this shall be reflected by the adult's written acknowledgment
of having been so informed, which shall be filed in his record;
3. Unless a conservator of such person has
been appointed, to be free to manage his personal finances and funds; to be
entitled to access to personal account statements reflecting financial
transactions made; and, when receiving adult foster care, to be given at least
a quarterly accounting of financial transactions made on his behalf;
4. To be afforded confidential treatment of
his personal affairs and records and to approve or refuse their release to any
individual outside the home except as otherwise provided in law and except in
case of his transfer to another setting;
5. When receiving adult foster care or adult
day services, to be transferred or discharged only when provided with a
statement of reasons, or for nonpayment for his stay, and to be given advance
notice of at least 30 days; upon notice of discharge or upon giving reasonable
advance notice of his desire to move, the adult shall be afforded reasonable
assistance to ensure an orderly transfer or discharge; such actions shall be
documented in his record; the local department that made the placement shall be
given advance notice of at least 30 days for any transfer or
discharge;
6. An adult receiving
adult foster care or adult day services may be discharged immediately if his
physical or mental health conditions or his behavior places himself or others
at risk of serious bodily harm or injury; the discharge must be to a setting
that will ensure the protection of the adult's health, safety and welfare; the
local department that made the placement must be notified of the emergency
discharge as soon as practicable but no later than 24 hours after the emergency
discharge;
7. In the event a
medical condition should arise while he is under the care of the provider, to
be afforded the opportunity to participate in the planning of his program or
care and medical treatment and the right to refuse treatment;
8. When receiving care from an adult foster
care or adult day services provider, to not be required to perform services for
the home except as voluntarily contracted pursuant to an agreement for services
that states the terms of consideration or remuneration and is documented in
writing and retained in his record;
9. To be free to select health care services
from reasonably available resources;
10. To be free from mental, emotional,
physical, sexual, and financial abuse or exploitation; to be free from forced
isolation, threats, or other degrading or demeaning acts against him; and, when
receiving care from an adult foster care or adult day services provider, to not
have his known needs neglected or ignored by the provider;
11. To be treated with courtesy, respect, and
consideration as a person of worth, sensitivity, and dignity;
12. To be free to voice grievances and
recommend changes in policies and services, free of coercion, discrimination,
threats, or reprisal;
13. When
receiving care from an out-of-home local department-approved provider, to be
permitted to retain and use his personal clothing and possessions as space
permits unless to do so would infringe upon rights of other adults;
14. To be encouraged to function at his
highest mental, emotional, physical, and social potential;
15. To receive and send uncensored, unopened
mail;
16. To refuse medication
unless there has been a court finding of incapacity;
17. To choose which services are included in
the service agreement and to receive all physician-prescribed treatments.
Adults also have the right to refuse services, if doing so does not endanger
the health or safety of other adults; and
18. To be free of physical, mechanical or
chemical restraint except in the following situations and with appropriate
safeguards, including training for the provider on the use of restraints:
a. As necessary to respond to unmanageable
behavior in an emergency situation that threatens the immediate safety of the
adult or others; and
b. As
medically necessary, as authorized in writing by a physician, to provide
physical support to a weakened adult;
19. To be free of prescription drugs except
where medically necessary, specifically prescribed, and supervised by the
attending physician;
20. To be
accorded respect for ordinary privacy in every aspect of daily living,
including but not limited to the following:
a.
In the care of his personal needs except as assistance may be needed;
b. In any medical examination or
health-related consultations that the adult may have at the home;
c. In communications, in writing or by
telephone;
d. During visitations
with other persons;
e. When
receiving care from an out-of-home provider, in the adult's room or portion
thereof; adults shall be permitted to have guests or other adults in their
rooms unless to do so would infringe upon the rights of other adults; staff
shall not enter an adult's room without making their presence known except in
an emergency or in accordance with safety oversight requirements included in
regulations of the State Board of Social Services; and
f. When receiving care from an out-of-home
provider, in visits with his spouse; if both are adults of the home they are
permitted, but not required, to share a room unless otherwise provided in the
adult's agreements; and
21. Is permitted to meet with and participate
in activities of social, faith-based, and community groups at his discretion
unless medically contraindicated as documented by his physician in his medical
record.
B. If the adult
is unable to fully understand and exercise the rights and responsibilities
contained in this section, the local department shall require that a
responsible person, of the adult's choice when possible, designated in writing
in the adult's record, be made aware of each item in this section and the
decisions that affect the adult or relate to specific items in this section; an
adult shall be assumed capable of understanding and exercising these rights
unless a physician determines otherwise and documents the reasons for such
determination in the adult's record.
D. The out-of-home provider shall make its
policies and procedures for implementing this section available and accessible
to adults, relatives, agencies, and the general public.
§§ 63.2-217, 63.2-1600, 63.2-1601, and
63.2-1601.1 of the Code of
Virginia.
