La. Admin. Code tit. 48 § I-4977

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

Section I-4977 - Basic Rights

A. All case managers must conform to applicable state laws and DHH policies and procedures relative to consumer rights, including but not limited to those concerning confidentiality of consumer information and grievance procedures and consumer's right to appeal department decisions on service eligibility, planning, and delivery.

B. All case managers must conform to applicable state laws and DHH policies and procedures regarding consumer health and safety including but not limited to those concerning transporting consumers and abuse/neglect reporting.

C. There must be written policies and procedures that protect the consumer's welfare including the means by which the protections will be implemented and enforced.

D. The consumer, consumer's family or legal guardian, where appropriate, must be informed of their rights both verbally and in writing in language the consumer is able to understand.

E. The written policies and procedures, at a minimum, must address the following protections and rights:

1. to human dignity;

2. to acceptance of chosen life style;

3. to impartial access to treatment regardless of race, religion, sex, ethnicity, age or handicap;

4. cultural access is evidenced through provision of:

a. interpretive services

b. translated material

c. use of native language and staff when possible

d. staff trained in cultural awareness

5. access to persons with special needs is evidenced through sign language interpretation and mechanical aids and devices that assist those persons in achieving maximum benefit from services;

6. to privacy;

7. to confidentiality and access to consumer records including:

a. requirement for the consumer's written, informed consent for release of information

b. emergency unauthorized release

c. internal access to consumer records

d. external access to consumer records

e. conditions for consumer access to his/her records

8. to a complete explanation of the nature of services and procedures to be received including risks, benefits and available alternative services;

9. to participate, actively, in services including assessment/reassessment, service plan development, and transition/closure;

10. to refuse specific services;

11. to complaint/grievance procedures;

12. to be informed of the financial aspects of services;

13. to be informed of the need for parental or guardian consent for treatment or services, if appropriate;

14. to manage, personally, financial affairs unless legally determined otherwise;

15. to give informed written consent prior to being involved in research projects;

16. to refuse to participate in any research project without compromising access to services;

17. to protection from harm including any form of abuse, neglect, or mistreatment;

18. to receive services in a safe and humane environment;

19. to receive the least intrusive services appropriate and available;

20. to contact any advocacy resources as needed, especially during grievance procedures;

21. to be informed of the right to freely choose providers from those available.

F. A provider must ensure that consumers are provided all rights available to them be they interdicted or not.

La. Admin. Code tit. 48, § I-4977

Promulgated by the Department of Health and Human Resources, Office of the Secretary, Division of Licensing and Certification, LR 13:246 (April 1987), amended by the Department of Health and Hospitals, Office of the Secretary, LR 20:894 (August 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 28:380-451.