Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 117 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF ADULT DAY SERVICES PROGRAMS › Section 144-117-7 - Consumer Rights

Current through 2024-29, July 17, 2024
7.1 Procedures
				shall be developed and adhered to for training of program staff concerning
				these policies and procedures, and for making policies available to consumers
				or to any guardians.
7.2
Exercise of Rights.
A program must protect and promote the rights
				of each consumer, including the following:
7.2.1 The consumer has the right to exercise
				his or her right as a participant of the program and as a citizen or resident
				of the United States.
7.2.2 The
				consumer has the right to be free of interference, coercion, discrimination or
				reprisal from the program for exercising his or her rights.
7.2.3 In the case of a consumer adjudicated
				incompetent under the laws of the State by court of competent jurisdiction, the
				rights of the consumer are exercised by the person appointed under State law to
				act on the consumer's behalf.
7.2.4
				The consumer has the right to inspect all records pertaining to
				himself/herself, upon oral or written request, within twenty-four (24) hours.
				Photocopies may be purchased and the program shall provide them within two (2)
				working days of the request.
7.2.5
				The program must display information regarding advocacy and legal assistance
				services.
7.2.6 The consumer has
				the right to personal privacy for medical treatment, personal care and
				telephone communication, but this does not require that the program site
				provide a private room.
7.2.7 The
				consumer has the right to approve or refuse the release of program records to
				any individual or organization outside the program. The consumer's right to
				refuse release of program records does not apply when a record release is
				required by law or by third-party payment contract or when copies are requested
				by the Department
7.2.8 The
				consumer has the right to voice grievances without discrimination or
				reprisal.
7.2.9 The consumer has
				the right to file a complaint with the Division of Licensing and Certification,
				the Long Term Care Ombudsman Program, Legal Services for the Elderly and the
				Bureau of Elder and Adult Services respective to abuse, neglect and
				exploitation at the program site.
7.2.10 The consumer has the right to examine
				the most recent Division of Licensing and Certification survey findings of the
				program and any plan of correction in effect.
7.2.11 The consumer has the right to refuse
				to perform services for the program.
7.2.12 The program must permit each consumer
				to participate in the Adult Day Services Program and not discharge the consumer
				from the program unless:
7.2.12.1 . The safety
				and/or health of consumers in the program is endangered;
7.2.12.2 . The consumer has failed, after
				reasonable and appropriate notice, to pay for (or to have paid by Medicaid or a
				third-party payer) services at the program;
7.2.12.3 . The program ceases to
				operate.
7.2.13 The
				consumer/responsible party has a right to be notified in writing of the reasons
				for discharge from the program. This notice shall be in a language understood
				by the consumer and shall contain the effective date of the discharge. A
				minimum of two (2) weeks notice shall be given to the consumer, unless the
				safety and/or health of other consumers in the program would be
				endangered.
7.2.14 The consumer has
				the right to be free from any physical restraint imposed or psychoactive drug
				administered for purposes of punishment for certain behaviors or to accommodate
				the needs of the staff.
7.2.15 The
				consumer has the right to choose activities consistent with his/her interests,
				assessments and service plans.
7.2.16 The consumer has the right to be free
				from mental, verbal, physical, and/or sexual abuse, neglect and
				exploitation.