La. Admin. Code tit. 48 § I-8565

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

Section I-8565 - Client Rights

A. Civil Rights

1. An ICF/DD shall have written policy on individual civil rights and shall post and distribute a copy of those. This policy shall give assurances that:

a. an individual's civil rights are not abridged or abrogated solely as a result of placement in the ICF/DD's program;

b. an individual's civil rights are protected through accessibility of legal counsel; and

c. an individual is not denied admission, segregated into programs or otherwise subjected to discrimination on the basis of race, religion, ethnic background or disability.

2. An ICF/DD accepting any individual who resides in another state shall comply with the terms Compact on Juveniles, the Interstate Compact on the Placement of Children, and the Interstate Compact on Mental Health.

B. Basic Rights

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

2. All agencies must conform to applicable state laws and DHH policies and procedures regarding consumer health and safety including but not limited to those concerning transporting individuals and abuse/neglect reporting.

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

4. The client, client'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.

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

a. to human dignity;

b. to acceptance of chosen life style;

c. to impartial access to treatment regardless of race, religion, sex, ethnicity, age or disability;

d. cultural access is evidenced through provision of:

i. interpretive services;

ii. translated material;

iii. use of native language and staff when possible; and

iv. staff trained in cultural awareness;

e. 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;

f. to privacy;

g. to confidentiality and access to consumer records including:

i. requirement for the consumer's written, informal consent for release of information;

ii. emergency unauthorized release;

iii. internal access to consumer records;

iv. external access to consumer records; and

v. conditions for consumer access to his/her records;

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

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

j. to refuse specific services or participate in any activity that is against their will and for which they have not given consent;

k. to complaint/grievance procedures;

l. to be informed of the financial aspect of services;

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

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

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

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

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

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

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

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

u. to be informed of the right to freely choose ICF/DDs from those available.

6. An ICF/DD must ensure that individuals are provided all rights available to them be they interdicted or not.

La. Admin. Code tit. 48, § I-8565

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 38:3199 (December 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2180-2180.5.