Wyoming Administrative Code
Agency 048 - Health, Department of
Sub-Agency 0037 - Medicaid
Chapter 34 - HOME AND COMMUNITY BASED SERVICES COMMUNITY CHOICES WAIVER PROGRAM
Section 34-14 - Participant Rights and Safeguards

Universal Citation: WY Code of Rules 34-14

Current through September 21, 2024

(a) A participant has the same legal rights and responsibilities guaranteed to all U.S. citizens under the United States and Wyoming Constitutions and federal and state laws.

(b) A participant's rights shall not be restricted except in accordance with state or federal law and Department requirements.

(c) A participant's right to be free from physical, mechanical, and chemical restraints shall not be restricted unless authorized in writing by the participant or the participant's legal guardian. Any use of restraints shall meet the following conditions:

(i) Restraints shall not be used for the purposes of discipline or convenience to the provider.

(ii) Restraints shall not be authorized unless:
(A) The participant receives services in an assisted living or skilled nursing facility; and

(B) The restraint is supported by a specific assessed need and justified in the participant's service plan.

(d) Any document authorizing the use of restraints shall be made a part of the participant's permanent file.

(e) In emergency circumstances, restraints may be used only to ensure the immediate physical safety of the participant, provider, or other persons, and when the risk of injury without the restraint is greater than the risk associated with the restraint.

(i) Emergency restraints must be time limited and removed immediately when the participant no longer presents a risk of immediate harm to themselves or others.

(ii) Any emergency use of restraint shall be reported to the Department within three (3) business days.

(f) A participant's right to full access to the greater community, privacy, independence in making life choices, freedom to control their own schedules and activities, access to food, and ability to have visitors of their choosing at any time shall not be restricted by a provider unless the restriction supports a specific assessed need and is documented in the participant's service plan, including:

(i) The specific and individualized assessed need;

(ii) The positive interventions and supports used prior to any modifications to the person-centered service plan;

(iii) Less intrusive methods of meeting the need that have been tried but were unsuccessful;

(iv) A clear description of the condition that is directly proportionate to the specific assessed need for a restriction;

(v) How data is regularly collected and reviewed to measure the ongoing effectiveness of the restriction;

(vi) Established time limits for periodic reviews, not to exceed six (6) months, to determine if the restriction remains necessary or can be terminated;

(vii) Informed consent of the participant or a legal guardian; and

(viii) Assurance that restrictions and restrictive interventions will cause no harm to the individual.

(g) A provider shall not use an aversive technique to modify a participant's behavior. Aversive techniques include any intervention that causes pain, harm, discomfort, seclusion, or social humiliation.

(h) A provider shall not request or require a participant to agree to any rights restriction as a condition of receiving services.

(i) A provider shall not intimidate, threaten, coerce, discriminate against, or take other retaliatory action against any individual who exercises any right established by state or federal law.

(j) Any individual who is affiliated with the CCW and has a reasonable suspicion that a participant's health or safety is in jeopardy shall immediately contact the appropriate entities in accordance with state and federal law and Department requirements.

Disclaimer: These regulations may not be the most recent version. Wyoming 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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