218 R.I. Code R. 218-RICR-40-00-5.8

Current through December 3, 2024

Section 218-RICR-40-00-5.8 - Organizational Ethics

5.8.1General

A. The agency must operate free of conflicts of interest.

B. If the agency has a system for reimbursement, bonuses or incentives to staff based on consumer service utilization, the agency must establish and implement policies to ensure that consumer care/service is not compromised.

C. The agency must comply with state procedures for reporting suspected elder abuse and/or neglect to the Division and to other legally mandated agencies and individuals.

5.8.2Consumer Rights and Responsibilities

A. The agency must have a consumer bill of rights that addresses the rights and responsibilities of the consumer in relationship to the program and agency.

B. The agency consumer bill of rights must implement the principle that consumers have the right to exercise their choices and values in service provision and that the case management process honors consumer rights, preferences, and values.

C. The consumer bill of rights must address consent, consumer satisfaction, consumer autonomy, consumer choice and participation, confidentiality, ensuring consumer is fully informed, and grievance policies and procedures.

D. The agency must distribute and explain the consumer bill of rights to all consumers (or their representatives, families) staff, and volunteers in the appropriate language.

E. All consumers or their representatives must review all consents and permission documents, sign or indicate that they understand what they have read and refuse to sign. Copies of all consents and permission documents must be kept in the consumer's individual record.

F. The agency must ensure that each consumer is treated as an adult, with consideration, respect, dignity, and privacy.

G. The agency must assure the consumer has self-determination within the service setting and must inform consumers of choices regarding services and care.

H. The consumer has the right to refuse services and know the implication of such refusal relating to benefits eligibility and/or health outcomes.

I. The agency must use end of life and advance care directives as applicable. Case managers shall discuss advance directives with all consumers who do not have such documents upon assessment and reassessment and document these conversations in the consumer record.

J. The agency must utilize alternative approaches when the consumer and/or family is unable to fully participate in the assessment phase.

K. The agency must have a process for consumer participation in all phases of the case management process (from care/service plan development to service delivery) and for assuring that the consumer is informed of rights and responsibilities. The consumer may assign responsibility to another individual.

L. The agency must establish and implement a policy to protect the confidentiality of consumer specific information to the extent of law. This policy must:

1. Address communications and records transmitted or stored, in conformance with applicable law and regulation;

2. Assure that no personal or medical information will be released to persons not authorized under law to receive it without the consumer's written consent, in accordance with R.I. Gen. Laws Chapter 5-37.3; and

3. Require employees to sign a statement that they understand their responsibility to preserve confidentiality.

M. The agency must take necessary steps to ensure that consumers are fully informed, including but not limited to:

1. Procedures for orienting consumer/family to policies, services, facilities;

2. Making public all agency and program inclusion and exclusion criteria; and

3. Providing consumers with the following information:

a. program's range of care and services,

b. staffing profile,

c. consumer confidentiality,

d. policies and procedures,

e. admission, transfer and discharge procedures,

f. fees and arrangements for reimbursement and payment,

g. identification of and authorization for third party payers,

h. any non-financial obligations of the consumer and family, and

i. days and hours of program operation, including schedule of holidays.

N. The agency must provide the bill of rights in English and other principal languages within its service area; and display a large print copy in an area frequented by the public.

O. The agency must assure that consumers can voice grievances about care and services without discrimination or reprisal, and must maintain a complaint/grievance log that is available for review by the Division.

218 R.I. Code R. 218-RICR-40-00-5.8