Person Supported Rights

(1) The following rights must be afforded to all persons supported by all licensees and are not subject to modification. (a) Persons supported have the right to be fully informed before or upon admission about their rights and responsibilities and about any limitation on these rights imposed by the rules of the licensee. The licensee must ensure that the person supported is given oral and written rights information that includes, at least, the following: 1. A statement of the specific rights guaranteed the person supported by these rules and applicable state laws; 2. A description of the licensee’s grievance procedure; 3. A listing of available advocacy services; and 4. A copy of all general licensee rules and regulations for persons supported. (b) The information shall be presented in a manner that promotes understanding by persons supported of his/her rights, and the person supported shall be given an opportunity to ask questions about the information. If the person supported who was unable to understand the information at the time of admission later becomes able to do so, the information shall be presented to the person supported at that time. If a person supported is likely to continue indefinitely to be unable to understand the information, the licensee must promptly attempt to provide the required information to his/her legal representative (conservator, parent, guardian, or legal custodian) or other appropriate person or agency responsible for protecting the rights of the person supported; (c) Persons supported have the right to voice grievances to staff, to the licensee, and to outside representatives of their choice, with freedom from restraint, interference, coercion, discrimination, or reprisal; (d) Persons supported have the right to be treated with consideration, respect, and full recognition of their dignity and individuality; MINIMUM PROGRAM REQUIREMENTS FOR ALL FACILITIES/SERVICES CHAPTER 0465-02-06 (e) Persons supported have the right to be protected by the licensee from neglect, mistreatment from physical, verbal, and emotional abuse (including corporal punishment), and from all forms of misappropriation and/or exploitation; (f) Persons supported have the right to be assisted by the licensee in the exercise of his/her civil rights; (g) Persons supported have the right to be free of any requirement that they perform services which are ordinarily performed by staff; and (h) If residential services are provided, persons supported must be allowed to send personal mail unopened and to receive mail and packages, which may be opened in the presence of staff when there is reason to believe that the contents thereof may be harmful to the person supported or others. (2) Medicaid-reimbursed individuals receiving HCBS services shall be afforded the rights referenced in 42 C.F.R. § 441.301(c)(4) of the HCBS Settings Rule. (3) The following rights must be afforded to all persons supported by all licensees, unless modified in accordance with Rules 0465-02-06-.07 and/or 0465-02-06-.08: (4) Appropriate safety restraints must be used as required by state and federal law. (a) Persons supported have the right to participate in the development of their ISP, and to receive sufficient information about proposed and alternative interventions and program goals to enable them to participate effectively; (b) Persons supported have the right to participate fully, or to refuse to participate, in community activities including cultural, educational, religious, community services, vocational, and recreational activities; (c) If residential services are provided, persons supported must be allowed to have free use of common areas with due regard for privacy, personal possessions, and the right of others; (d) If residential services are provided, persons supported have the right to furnish and decorate their bedroom/sleeping area, within the lease or other agreement; (e) If residential services are provided, persons supported have the right to be given privacy and freedom for the use of bathrooms at all hours; (f) If residential services are provided, persons supported have the right to be given privacy and freedom in the use of their bedroom/sleeping area. If residential services are provided and if married persons are residents, privacy for visits by spouses must be ensured, and if both spouses are residents, they must be permitted to share a room; and (g) If residential services are provided, persons supported have the right to associate and communicate privately with persons of their choice including receiving visitors at any time.