California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 8 - Intermediate Care Facilities for the Developmentally Disabled › Article 4 - Administration › Section 76525 - Clients' Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each client has the rights listed in (a) of this section which shall not be
				  denied or withheld except as provided in (c) of this section. Each facility
				  shall establish and implement written policies and procedures to ensure that
				  each client admitted is afforded the following rights:
(1) To be fully informed of his or her rights
				  and responsibilities as a client and of all rules and regulations governing
				  client conduct and responsibilities. Information shall be provided prior to or
				  at the time of admission or, in the case of clients already in the facility,
				  when the facility adopts or amends client rights policies; its receipt shall be
				  acknowledged by the client in writing and witnessed by a third
				  person.
(2) To be fully informed in
				  writing prior to or at the time of admission and during his or her stay, of the
				  services available at the facility and of related charges, including any
				  charges for services not covered under the Medi-Cal program or not covered by
				  the facility's basic per diem rate.
(3) To be fully informed by a physician of
				  his or her health and physical and medical condition unless medically
				  contraindicated, as documented by a physician in the client's record, and to be
				  afforded the opportunity to participate in the total care planning of medical
				  treatment and to refuse treatment.
(4) To be transferred only for the client's
				  welfare or the welfare of other clients or the client's failure to pay for
				  services provided, except as prohibited by the Medi-Cal program.
(5) To manage personal financial affairs. The
				  client may authorize the facility, in writing, to assist in managing his or her
				  finances. The facility shall carry out such management in accordance with the
				  client's wishes.
(6) To be
				  encouraged and assisted throughout the period of stay to exercise rights as a
				  client and civil and legal rights, and to this end to voice grievances and
				  recommend changes in policies and services to facility staff and to outside
				  representatives of his or her choice, free from restraint, interference,
				  coercion, discrimination or reprisal.
(7) To be free from discrimination based on
				  sex, race, color, religion, ancestry, national origin, sexual orientation,
				  disability, medical condition, marital status, or registered domestic partner
				  status.
(8) To be free from mental
				  and physical abuse and free from restraint except as permitted by Section
				  76329.
(9) To be assured of the confidential
				  treatment of all information contained in client records, including information
				  contained in an automated data bank. The client's written consent shall be
				  required for the release of information to persons not otherwise authorized
				  under law to receive it. Persons representing the news media shall not be given
				  any information that identifies or leads to the identification of client,
				  including photographs, unless the client has given written consent. A client
				  may provide written consent which limits the degree of information and the
				  persons to whom information may be given.
(10) To not be required to perform services
				  for the benefit of the facility except in compliance with the provisions of
				  Section 76521(c)(11).
(11) If married or registered as a domestic
				  partner, to be ensured privacy for visits by his or her spouse or registered
				  domestic partner; if both are residents of the facility, to be permitted to
				  share a room.
(12) To participate
				  in social activities and in community groups at the client's
				  discretion.
(13) To treatment and
				  habilitation services. Treatment and habilitation services should foster the
				  developmental potential of the person. Such services shall protect the personal
				  liberty of the individual and shall be provided with the least restrictive
				  conditions necessary to achieve the purposes of treatment.
(14) To dignity, privacy, respect and humane
				  care, including privacy in treatment and in care for personal needs.
(15) To be encouraged and assisted to
				  participate in an appropriate program of publicly supported education,
				  regardless of degree of handicap.
(16) To prompt medical care and
				  treatment.
(17) To religious
				  freedom and practice.
(18) To
				  social interaction and participation in community activities.
(19) To physical exercise and recreational
				  opportunities.
(20) To be free from
				  harm, including unnecessary physical restraint or isolation, excessive
				  medication, abuse or neglect.
(21)
				  To be free from hazardous procedures.
(22) To wear his or her own clothes, to keep
				  and use personal possessions including toilet articles, and to keep and be
				  allowed to spend a reasonable sum of his or her own money for canteen expenses
				  and small purchases.
(23) To have
				  access to individual storage space for private use.
(24) To see visitors each day; to
				  communicate, associate and meet privately with persons of the client's choice,
				  including social workers, business associates and clergy.
(25) To have reasonable access to telephones,
				  both to make and receive confidential calls, and to have such calls made for
				  the client.
(26) To have ready
				  access to letter writing materials, including stamps, and to mail and receive
				  unopened correspondence.
(27) To
				  refuse behavior modification techniques which cause pain or trauma.
(28) To refuse electroconvulsive
				  therapy.
(29) To refuse
				  psychosurgery notwithstanding the provisions of Sections
				  5325,
				  5326
				  and
				  5326.3
				  of the Welfare and Institutions Code. Psychosurgery means those operations
				  currently referred to as lobotomy, psychiatric surgery and behavioral surgery
				  and all other forms of brain surgery if the surgery is performed for any of the
				  following purposes:
(A) Modification or
				  control of thoughts, feelings, actions or behavior rather than the treatment of
				  a known and diagnosed physical disease of the brain.
(B) Modification of normal brain function or
				  normal brain tissue in order to control thoughts, feelings, actions or
				  behavior; or
(C) Treatment of
				  abnormal brain function or abnormal brain tissue in order to modify thoughts,
				  feelings, actions or behavior when the abnormality is not an established cause
				  of those thoughts, feelings, actions or behavior.
(30) To be permitted to purchase drugs or
				  rent or purchase medical supplies or equipment in accordance with the
				  provisions of Section
				  1320
				  of the Health and Safety Code.