Or. Admin. Code § 333-536-0060

Current through Register Vol. 63, No. 11, November 1, 2024

Section 333-536-0060 - Clients' Rights

(1) The agency owner, administrator, administrator's designee, or administrator's delegate shall ensure that the agency recognizes and protects the following rights of each client:

(a) The right to be treated with dignity and respect;

(b) The right to be free from theft, damage, or misuse of one's personal property;

(c) The right to be given the informed choice and opportunity to select or refuse service and to accept responsibility for the consequences;

(d) The right to be free from neglect of care, verbal, mental, emotional, physical, or sexual abuse;

(e) The right to be free from financial exploitation;

(f) The right to be free from physical and chemical restraints;

(g) The right to voice grievances or complaints regarding services or any other issue without discrimination or reprisal for exercising such rights;

(h) The right to be free from discrimination as to race, ethnicity, color, national origin, gender identification, sexual orientation, disability or religion.

(i) The right to participate in planning of the services and care to be furnished, any changes in the services and care, the frequency of visits, and cessation of services;

(j) The right to have access to his or her client record;

(k) The right to have client information and records confidentially maintained by the agency;

(L) The right to be advised in writing, before care is initiated, of the charges for the services to be furnished, and the amount of payment that will be required from the client;

(m) The right to a written 30-day notice of termination of services by the agency that specifies the reason(s) for the termination with the following exceptions:

(A) The right to immediate oral or written notice of termination of services by the agency at the time the agency determines that the safety of its staff or the client cannot be ensured. If oral notice is given, the agency must also subsequently provide the client a written confirmation of the oral notice of termination of services.

(B) The right to a written 48-hour notice of termination of services by the agency in the event of non-payment in accordance with the agency's disclosed payment requirements.

(2) An agency shall provide each client with a written notice of the client's rights as a part of the disclosure statement, prior to furnishing care to a client. The client's rights notice shall also include:

(a) Procedures for filing a grievance or complaint with the agency;

(b) Procedures for filing a grievance or complaint with the Authority, along with the telephone number and contact information of the Authority; and

(c) Notice that the Authority has the authority to examine clients' records as part of the Authority's regulation and evaluation of the agency.

Or. Admin. Code § 333-536-0060

OHD 19-2002, f. 12-4-02, cert. ef. 2-1-03; PH 3-2004(Temp), f. & cert. ef. 2-6-04 thru 7-30-04; PH 22-2004, f. & cert. ef. 6-25-04; PH 10-2012, f. 6-26-12, cert. ef. 7-1-12; PH 26-2021, amend filed 06/29/2021, effective 7/1/2021

Statutory/Other Authority: ORS 443.340

Statutes/Other Implemented: ORS 443.340