California Code of Regulations › Title 22 - Social Security › Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies › Chapter 10 - Adult Day Health Centers › Article 4 - Administration › Section 78437 - Participant Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each participant shall have rights which include, but are not limited to, the
				  following:
(1) To be fully informed by the
				  multidisciplinary team of health and functional status unless medically
				  contraindicated, as documented by a physician in the participant's health
				  record.
(2) To participate in
				  development and implementation of the participant's individual plan of
				  care.
(3) To be fully informed
				  regarding the services to be provided, including frequency of services and
				  treatment objectives, as evidenced by the participant's written
				  acknowledgement.
(4) To be fully
				  informed in writing prior to or at the time of admission and during
				  participation, of the services available at the center and of related charges
				  including any charges for services not covered under the Medi-Cal program or
				  not covered by the center's basic per diem rate.
(5) To be fully informed of rights and
				  responsibilities as a participant and of all rules and regulations governing
				  participant conduct and responsibilities. Information shall be provided prior
				  to or at the time of admission or, in the case of participants already in the
				  center, when the center adopts or amends participant rights policies. The
				  receipt of this information shall be acknowledged by the participant or the
				  participant's authorized representative in writing.
(6) To treatment and rehabilitative services
				  designed to promote the participant's functional ability to the optimal level
				  and to encourage independence.
(7)
				  To have reasonable access to telephones, both to make and receive confidential
				  calls, or to have such calls made for the participant, if necessary.
(8) To be encouraged and assisted throughout
				  the period of participation to exercise rights as a participant and civil and
				  legal rights, and to this end to voice grievances and recommend changes in
				  policies and services to center staff and to outside representatives of
				  participant's choice, free from restraint, interference, coercion,
				  discrimination or reprisal.
(9) To
				  have a fair hearing.
(10) To end
				  participation at the adult day health center at any time.
(11) To refuse treatment and be informed of
				  the consequences of such refusal.
(12) To be discharged only for medical
				  reasons, or for the participant's welfare or that of other participants or for
				  nonpayment for his or her services and to be given reasonable advance notice to
				  ensure orderly discharge. Such actions shall be documented in the participant's
				  health record.
(13) To be insured
				  of the confidential treatment of all information contained in participant
				  records, including information contained in an automated data bank. The
				  participant'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 the participant, including photographs,
				  unless the participant has given written consent. A participant may provide
				  written consent which limits the degree of information and the persons to whom
				  information may be given.
(14) To
				  not be required to perform services for the facility that are not included for
				  therapeutic purposes in the participant's individual plan of care.
(15) To dignity, privacy and humane care,
				  including privacy in treatment and in care for personal needs.
(16) To be free from harm, including
				  unnecessary physical restraint, or isolation, excessive medication, physical or
				  mental abuse or neglect.
(17) 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.
(18) To be free from hazardous
				  procedures.