Section 440 IAC 7.5-2-6 - Resident rights and responsibilitiesAuthority: IC 12-21-2-3
Affected: IC 12-21-2-3; IC 12-27; IC 16-39-2; 42 CFR 2
Sec. 6.
(a) The agency shall have and enforce written policies regarding the rights and responsibilities of residents under IC 12-27 and this article.(b) In addition to the rights and responsibilities listed in IC 12-27, the agency shall ensure that each resident: (1) is in a safe environment and is free from abuse and neglect;(2) is treated with consideration, respect, and full recognition of the resident's dignity and individuality;(3) is free to communicate, associate, and meet privately with persons of the resident's choice unless: (A) it infringes on the rights of another resident; or(B) the restriction of this right is a part of the resident's individual treatment plan;(4) has the right to confidentiality concerning personal information under IC 16-39-2 and 42 CFR 2;(5) is free to voice grievances and to recommend changes in the policies and services offered by the agency; (6) is not required to participate in research projects;(7) has the right to manage personal financial affairs or to seek assistance in managing them unless the resident has a representative payee or a court appointed guardian for financial matters;(8) shall be informed about available legal and advocacy services, and may contact or consult legal counsel at the resident's own expense; and(9) shall be informed of the division's toll free consumer service number.(c) The division's toll free consumer service number shall be posted in a room used by all consumers in all supervised group living facilities, sub-acute facilities, and transitional residential facilities.(d) The resident rights and responsibilities shall be reviewed with the consumer annually.(e) The privacy of each resident shall be respected to the maximum extent feasible and shall, at a minimum, meet the following: (1) Private space is available for conducting: (C) individual, family, and, when provided, group counseling; and(2) The agency shall establish written policies and procedures that specify how consumer privacy is maintained with regard to visitors and other nonfacility personnel.(f) The agency shall assure that residents are paid in accordance with federal and state laws and regulations for all work that is of consequential economic benefit to the agency, except the following: (1) Personal housekeeping tasks related directly to the resident's personal space and possessions.(2) Shared responsibilities for regular household chores among a group of residents.(g) Each resident is expected to do the following: (1) Make every effort to respect and care for themselves, their clothing, and personal belongings.(2) Respect the rights of the other residents and residential staff.(3) Respect the personal belongings of other residents, as well as the property of the facility.(4) Contribute to and participate in the formulation of their own treatment plans and work toward attaining treatment goals.(5) Respect the privacy and confidentiality of other consumers.(6) Adhere to the facility's rules presented to the resident in the resident orientation procedure.(7) An adult consumer shall apply for all benefits and public assistance for which the consumer may be determined eligible as a condition of participation in a residential living facility.Division of Mental Health and Addiction; 440 IAC 7.5-2-6; filed Jun 10, 2002, 2:25 p.m.: 25 IR 3132; readopted filed Nov 5, 2008, 3:50 p.m.: 20081119-IR-440080742RFA; readopted filed Jul 21, 2011, 9:39 a.m.: 20110817-IR-440110249RFAReadopted filed 6/19/2017, 10:11 a.m.: 20170719-IR-440170221RFAReadopted filed 5/10/2023, 2:25 p.m.: 20230607-IR-440230142RFA