Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 99 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Subchapter 2 - LARGE INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED › Section 11-99-79 - Resident's rights

Current through June, 2024
(a) Written
				  policies regarding rights and responsibilities of residents during their stay
				  in the facility shall be established and shall be made available to the
				  resident, to any guardian, next of kin, sponsoring agency or representative
				  payee, and to the public. The facility's policies and procedures shall provide
				  that each individual admitted to the facility shall:
(1) Be fully informed, as evidenced by the
				  resident's or guardian's written, signed acknowledgement prior to or at the
				  time of admission and during stay, of these rights and of all regulations
				  governing resident conduct.
(2) Be
				  fully informed, prior to or at the time of admission and during stay, of
				  services available in or through the facility and of related charges, including
				  any charges for services not covered by the facility's basic per diem
				  rate.
(3) Be advised that the
				  residents have a right to have their medical condition and treatment discussed
				  with them by a physician of their choice, unless medically contraindicated, 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 the treatments and the medical
				  consequences of such refusal.
(5)
				  Be transferred or discharged only for medical reasons, or for their welfare or
				  that of other residents, or for nonpayment for their stay, and be given
				  reasonable advance notice to ensure orderly transfer or discharge. Such
				  transfer or discharge actions shall be documented in the resident's health
				  record.
(6) Be encouraged and
				  assisted throughout their period of stay to exercise their rights as a
				  resident, and to this extent voice grievances and recommend changes in policies
				  and services to the facility's staff or outside representative of their choice,
				  free from restraint, interference, coercion, discrimination or
				  reprisal.
(7) Manage their personal
				  financial affairs. In the event the facility agrees to manage the resident's
				  personal funds, the conditions under which the facility will exercise the
				  responsibility shall be explained to the resident, and shall meet the minimum
				  requirement of section
				  11-99-77.
(8) Not be humiliated, harassed, injured or
				  threatened and shall be free from chemical and physical restraints. This does
				  not exclude use of medication for treatment as ordered by a physician. Physical
				  restraints may be used in an emergency, when necessary, to protect the resident
				  from injury to himself or herself or others. In such an event, the resident's
				  physician shall be notified as soon as possible and further orders obtained for
				  care of the resident.
(9) Be
				  entitled to have their personal and medical records kept confidential and
				  subject to release only as provided in section
				  11-99-78.
(10) Be treated with consideration, respect
				  and full recognition of their dignity and individuality, including privacy in
				  treatment and in care.
(11) Not be
				  required to perform services for the facility, its licensee or staff that are
				  not included for therapeutic purposes in their plan of care.
(12) Have the right to associate and
				  communicate privately with persons of their choice, and to send and receive
				  their personal mail unopened. At their request, to be visited by members of the
				  clergy at any time.
(13) Have the
				  right to meet with and participate in activities of social, religious, and
				  community groups at their discretion.
(14) Retain and use their personal clothing
				  and possessions as space permits, unless to do so would infringe upon the
				  rights of other residents.
(15) Be
				  assured privacy for visits and the right to share a room with a
				  spouse.
(16) Have daily visiting
				  hours established.
(17) Participate
				  in a behavior modification program involving the use of restraints or aversive
				  stimuli only with the informed consent of a resident or parent or guardian if
				  resident is a minor or an incompetent adult.