Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 4 - COMMUNITY CARE FOSTER FAMILY HOME REQUIREMENTS › Section 11-800-53 - Client rights

Current through June, 2024
(a) Written
				  policies and procedures regarding the rights of the client during the client's
				  stay in the home shall be established and a copy shall be provided to the
				  client, or the client's legal representative, and made available to the public
				  when requested.
(b) These policies
				  and procedures relating to the home shall provide that each client in the home
				  shall:
(1) Be fully informed, prior to or at
				  the time of admission, of these rights and of all rules governing the client's
				  conduct in the home. There shall be documentation signed by the client or the
				  client's legal representative that this procedure has been carried
				  out;
(2) Have the right to reside
				  in the home of the client's choice;
(3) Be fully informed, prior to or at the
				  time of admission, and during the client's stay, of services available in or
				  through the home and related charges;
(4) Be given a minimum of three weeks advance
				  notice of transfers or discharges, except in emergencies;
(5) Be encouraged and assisted to exercise
				  the client's rights, including the client's grievance rights, and to recommend
				  changes in policies and services to the primary caregiver or outside
				  representatives of the client's choice, free from restraint, interference,
				  coercion, discrimination, or retaliation.
(A)
				  The client shall be assisted in contacting individuals or agencies of the
				  client's choice by the case management agency; and
(B) The client may present grievances to the
				  department;
(6) Be fully
				  informed of the conditions under which the home may manage the client's
				  personal financial affairs;
(7) Not
				  be humiliated, harassed, or threatened, and be free from physical and chemical
				  restraints. Physical and chemical restraints may be used as specified in
				  section 11-800-47(d);
(8) Have the
				  client's personal and medical records kept confidential;
(9) Be treated with understanding, respect,
				  and full consideration of the client's dignity and individuality, including
				  privacy in treatment and in care of the client's personal needs;
(10) Not be required to perform services for
				  the home unless agreed to by the client and documented;
(11) Have the right to associate and
				  communicate privately with persons of the client's choice, and to send and
				  receive personal mail and items unopened;
(12) Have the right to meet with and
				  participate in activities of social, religious, and community groups at the
				  client's discretion;
(13) Retain
				  and use personal clothing and possessions as space permits, unless to do so
				  would infringe upon the rights of other clients;
(14) If married, be assured of privacy for
				  visits by the spouse and, if both are clients in the home, be permitted to
				  share a room, with written consent of both clients;
(15) Have daily visiting hours and provisions
				  for privacy established;
(16) Shall
				  not have dietary restrictions used as punishment; and
(17) Have a right to be free from
				  abuse.