Section 212-RICR-10-00-1.26 - Individual (Participant) RightsA. Organizations shall establish written policies and procedures that promote the highest practicable professional standards related to individual rights. These policies and procedures shall be adhered to always, in all settings, and during all interactions.B. Each individual will be informed of their rights in a way they understand.C. Organizations shall follow these procedures throughout the entire process of care, including but not limited to, initial contact, application, eligibility determination, admission, orientation, delivery of services, revision of direct services, transfer of services, and discharge from services.D. Organizations shall continually afford each person these rights and inform them of these rights, as appropriate, and in a manner consistent with his or her individual learning style.E. Organizations shall maintain a written statement of rights for individuals receiving services and those requesting services.F. Individuals requesting services shall have the right to receive an individualized assessment.G. Each individual, legal guardian, and/or advocate shall be provided with a written statement of the "Rights of individuals" that shall contain, the following: 1. This Part hereby adopts and incorporates by reference R.I. Gen. Laws §§ 40.1-24.5-3, 40.1-24.5-5, 40.1-24.5-6, and 40.1-24.5-7 and 40.1-26-3 as applicable to each individual.2. Each Organization and its employees and volunteers shall mindfully and carefully follow all federal and state confidentiality laws and regulations to protect the privacy and dignity of each individual as much as possible and necessary: a. to the extent any exception may apply that allows lawful disclosure, including but not limited to, by court order or in emergencies to legally define persons, such Organization will exercise due diligence to ensure compliance with the letter and spirit of the statutory and/or regulatory exception in the applicable confidentiality law.3. Each Organization will ensure individual's rights of privacy, dignity and respect and freedom from coercion and restraint.4. Individuals will be provided with the right to full access to the community, including the right to engage in community life, to control personal resources, and to receive services in the community to the same degree as those not receiving Medicaid HCBS, in accordance with 42 C.F.R. § 441.301(C)(4) (I-vi).5. Each individual has privacy in their sleeping or living unit:a. Units have lockable doors by the individual with only appropriate staff having keys to the doors;b. Individuals sharing units have a choice of roommates in that setting;c. Individuals have the freedom to furnish and decorate their sleeping or living units within the lease or other agreement.d. Individuals have the freedom and support to control their own schedules and activities;e. Individuals have access to food at any time;f. Individuals may have visitors of their choosing at any time.g. The setting is physically accessible to the individual.212 R.I. Code R. 212-RICR-10-00-1.26
Adopted effective 1/7/2019