HAR §11-96-9. Client's rights

(a) Written policies regarding the rights and responsibilities of clients during their stay in the center shall be established and shall be made available to the client, to any guardian, next of kin, sponsoring agency or representative payee, and to the public. The center's policies and procedures shall provide that each individual admitted to the center shall: (1) Be fully informed, as evidenced by the client's written signed acknowledgement prior to or at the time of admission, of these rights and of all rules governing client conduct; (2) Be fully informed, prior to or at the time of admission and during stay, of services available in or through the center and of related charges, including any charge for services not covered by the center's basic per diem rate; (3) Be advised that clients have a right to have their medical condition and treatment discussed with them by a physician of their 96- choice, and to be afforded the opportunity to participate in the planning of their medical treatment and to refuse to participate in experimental research; (4) Have the right to refuse treatment after being informed of the medical benefits of treatment, the consequences of refusal, and the medical alternatives; (5) Be encouraged and assisted throughout their period of stay to exercise their rights as clients, and to this extent to have grievances and to recommend changes in policies and services to the center's staff and outside representative of their choice free from restraint, interference, coercion, discrimination, or reprisal; (6) Not be humiliated, harassed, injured, or intimidated and shall be free from chemical and physical restraints. Physical restraints may be used only in an emergency when necessary to protect the client from injury to the client or others. In such an event, the client's physician shall be notified as soon as possible and further orders obtained; as provided in section 11-96-35; (7) Be entitled to have their personal and health records kept confidential and subject to release only as provided in section 11-96-24; (8) Be treated with consideration, respect, and in full recognition of their dignity and individuality, including privacy in treatment and in care as appropriate; (9) Not be required to perform services for the center that are not included for therapeutic purposes in their plan of care; (10) Have reasonable access to telephones, both to make and receive confidential calls, or to have such calls made for the client, if necessary; (11) Be allowed to end participation at the adult day health center at any time; and (12) Be discharged only for medical reasons, or for the client's welfare or that of other clients, or for non-payment for services, 96- and be given reasonable advance notice to ensure orderly discharge. Such actions shall be documented in the client's record. (b) Each center shall have a formal fair hearing written procedure for any alleged client's rights infractions. (c) Each adult day health center shall post a list of client's rights in a prominent place in the center. (d) The center shall provide for and encourage each employee to report observations or evidence of abuse. [Eff ] (Auth: HRS §321-11) (Imp: HRS §321-11)