La. Admin. Code tit. 48 § I-5661

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

Section I-5661 - Client Rights

A. The BHS provider shall develop, implement and comply with policies and procedures that:

1. protect its clients rights;

2. respond to questions and grievances pertaining to these rights;

3. ensure compliance with clients rights enumerated in R.S. 28:171; and

4. ensure compliance with minors rights enumerated in the Louisiana Childrens Code article 1409.

B. A BHS providers client and, if applicable, the clients parent(s) or legal guardian, have the following rights:

1. to be informed of the client's rights and responsibilities at the time of admission or within 24 hours of admission;

2. to have a family member, chosen representative and/or his or her own physician notified of admission to the BHS provider at the request of the client;

3. to receive treatment and medical services without discrimination based on race, age, religion, national origin, gender, sexual orientation, or disability;

4. to maintain the personal dignity of each client;

5. to be free from abuse, neglect, exploitation and harassment;

6. to receive care in a safe setting;

7. to receive the services of a translator or interpreter, if applicable, to facilitate communication between the client and the staff;

8. to be informed of the clients own health status and to participate in the development, implementation and updating of the clients treatment plan;

9. to make informed decisions regarding the clients care by the client or the clients parent or guardian, if applicable, in accordance with federal and state laws and regulations;

10. to participate or refuse to participate in experimental research when the client gives informed, written consent to such participation, or when a clients parent or legal guardian provides such consent, when applicable, in accordance with federal and state laws and regulations;

11. for clients in residential facilities, to consult freely and privately with the clients legal counsel or to contact an attorney at any reasonable time;

12. to be informed, in writing, of the policies and procedures for filing a grievance and their review and resolution;

13. to submit complaints or grievances without fear of reprisal;

14. for clients in residential facilities, to possess and use personal money and belongings, including personal clothing, subject to rules and restrictions imposed by the BHS provider;

15. for clients in residential facilities, to visit or be visited by family and friends subject to rules imposed by the provider and to any specific restrictions documented in the client's treatment plan;

16. to have the clients information and medical records, including all computerized medical information, kept confidential in accordance with federal and state statutes and rules/regulations;

17. for clients in residential facilities, access to indoor and outdoor recreational and leisure opportunities;

18. for clients in residential facilities, to attend or refuse to attend religious services in accordance with his/her faith;

19. to be given a copy of the program's rules and regulations upon admission;

20. to receive treatment in the least restrictive environment that meets the clients needs;

21. to not be restrained or secluded in violation of federal and state laws, rules and regulations;

22. to be informed in advance of all estimated charges and any limitations on the length of services at the time of admission or within 72 hours;

23. to receive an explanation of treatment or rights while in treatment;

24. to be informed of the:

a. nature and purpose of any services rendered;

b. the title of personnel providing that service;

c. the risks, benefits, and side effects of all proposed treatment and medications;

d. the probable health and mental health consequences of refusing treatment; and

e. other available treatments which may be appropriate;

25. to accept or refuse all or part of treatment, unless prohibited by court order or a physician deems the client to be a danger to self or others or gravely disabled;

26. for children and adolescents in residential BH facilities, to access educational services consistent with the client's abilities and needs, relative to the clients age and level of functioning; and

27. to have a copy of these rights, which includes the information to contact HSS during routine business hours.

C. The residential or outpatient clinic provider shall

1. post a copy of the clients rights on the premises that is accessible to all clients; and

2. give a copy of the clients rights to each client upon admission and upon revision.

La. Admin. Code tit. 48, § I-5661

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 411706 (9/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2151-2161.