La. Admin. Code tit. 48 § I-8751

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-8751 - Client Rights

A. The facility shall have a written policy regarding clients rights. The policy shall assure the client has the right to:

1. not be deprived of civil or legal rights;

2. not be denied admission, segregated or otherwise subjected to discrimination on the basis of race, sex, handicap, creed, national background or ancestry; a facility that is a religious organization may limit admissions to its own adherents;

3. live within the least restrictive environment possible in order to retain their individuality and personal freedom; staff shall knock and request entrance before entering any bedroom;

4. be treated as individuals and with dignity, be assured choice and privacy and the opportunity to act autonomously, take risks to enhance independence and share responsibility for decisions;

5. be allowed to participate, and have family participate, if desired, in the planning of activities and services;

6. receive or refuse care and services that are adequate, appropriate and in compliance with conditions of residency, relevant federal and state laws, rules and regulations;

7. be free from mental, emotional and physical abuse and neglect and assured that no chemical restraints will be used;

8. have records and other information about the client kept confidential and released only with a clients expressed written consent;

9. have a service animal for medical reasons;

10. have visitors of their choice, as long as the rights of others are not infringed upon;

11. have access to private telephone communication;

12. send and receive mail promptly and unopened;

13. furnish their own rooms and use and maintain personal clothing and possessions as space permits;

14. manage his or her personal funds unless such authority has been delegated to another.

NOTE: If authority to manage personal funds has been delegated to the facility, the client has the right to examine the account during business hours;

15. have freedom to participate in accessible community activities and in social, political, medical, and religious activities and to have freedom to refuse such participation;

16. arrange for third-party services at their own expense, that are not available through the facility as long as the client remains in compliance with the conditions of residency;

17. to be informed of grievance process or procedures and receive response to grievances without fear of reprisal and to voice grievances and suggest changes in policies and services to either staff or outside representatives without fear of reprisal or other retaliation;

18. be given written notice of not less than 30 days prior to discharge from the facility, except in life-threatening emergencies and when the client is a danger to himself/herself or to others;

19. remain in the current facility, foregoing a recommended transfer to obtain additional services, if a mutually agreed upon risk agreement is signed by the client, the responsible representative (if any) and the facility as long as it does not place the facility in conflict with these or other laws or regulations;

20. receive at least a 24-hour notice prior to a change in room/unit, be informed of the reason for the move and the right to be informed when their roommate is being changed;

21. live in a physical environment which ensures their physical and emotional security and well-being;

22. retain the services of his/her own personal physician, dentist or other health care provider;

23. confidentiality and privacy concerning his/her medical and dental condition and treatment; and

24. select the pharmacy or pharmacist of their choice.

B. Each client shall be fully informed of these rights and of all rules and regulations governing clients conduct and responsibilities, as evidenced by written acknowledgement, prior to or at the time of admission and when changes occur. Each clients file shall contain a copy of the written acknowledgement which shall be signed and dated by the director/designee, client and/or representative.

C. A copy of these rights shall be posted conspicuously in the facility.

La. Admin. Code tit. 48, § I-8751

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 432177 (11/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and 40:2120.31-40.