Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 49 - MINIMUM STANDARDS FOR OPERATION FOR INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES › Subchapter 17 - CLIENTS' RIGHTS › Rule 15-16-1-49.17.2 - Clients' Rights

Current through June 25, 2024
The clients' rights policies and procedures ensure that
						each client admitted to the ICF-IID:
1. is fully informed, as evidenced by the
					 client's written acknowledgment, prior to or at the time of admission and
					 during stay, of these rights and is given a statement of the ICF-IID's rules
					 and regulations and an explanation of the client's responsibility to obey all
					 reasonable regulations of the ICF-IID and to respect the personal rights and
					 private property of other clients;
2. is fully informed, and is given a written
					 statement prior to or at time of admission and during stay, of services
					 available in the ICF-IID, and of related charges including any charges for
					 services covered by the ICF-IID basic per diem rate;
3. is assured of adequate and appropriate
					 medical care, is fully informed by a physician or nurse practitioner/physician
					 assistant of his medical conditions unless medically contraindicated (as
					 documented by a physician or nurse practitioner/physician assistant in his
					 medical record), is afforded the opportunity to participate in the planning of
					 his medical treatment, to not be limited in his/her choice of a pharmacy or
					 pharmacist provider in accordance with state law, as referenced in House Bill
					 1439, which states that the ICF-IID shall not limit a client's choice of
					 pharmacy or pharmacy provider if that provider meets the same standards of
					 dispensing guidelines required of long term care facilities, to refuse to
					 participate in experimental research, and to refuse medication and treatment
					 after fully informed of and understanding the consequences of such
					 action;
4. is transferred or
					 discharged only for medical reasons, or for his welfare or that of other
					 clients, or for nonpayment for his stay (except as prohibited by sources of
					 third-party payment), and is given a two weeks advance notice in writing to
					 ensure orderly transfer or discharge. A copy of this notice is maintained in
					 his medical record;
5. is
					 encouraged and assisted, throughout his period of stay, to exercise his rights
					 as a client and as a citizen, and to this end may voice grievances, has a right
					 of action for damages or other relief for deprivations or infringements of his
					 right to adequate and proper treatment and care established by an applicable
					 statute, rule, regulation or contract, and to recommend changes in policies and
					 services to ICF-IID staff and/or to outside representatives of his choice, free
					 from restraint, interference, coercion, discrimination, or reprisal;
6. may manage his personal financial affairs,
					 or is given at least a quarterly accounting of financial transactions made on
					 his behalf should the ICF-IID accept his written delegation of this
					 responsibility to the ICF-IID for any period of time in conformance with State
					 law;
7. is free from mental,
					 physical, and/or verbal abuse; and exploitation and/or misappropriation of
					 client property
8. is free from
					 restraint except by order of a physician or nurse practitioner/physician
					 assistant, or unless it is determined that the client is a threat to himself or
					 to others. Physical and chemical restraints shall be used for medical
					 conditions that warrant the use of a restraint. Restraint is not to be used for
					 discipline or staff convenience. The ICF-IID must have policies and procedures
					 addressing the use and monitoring of restraint. A physician order for restraint
					 must be countersigned within 24 hours of the emergency application of the
					 restraint;
9. is assured security
					 in storing personal possessions and confidential treatment of his personal and
					 medical records, and may approve or refuse their release to any individual
					 outside the ICF-IID, except, in the case of his transfer to another health care
					 institution, or as required by law of third-party payment contract;
10. is treated with consideration, respect,
					 and full recognition of his dignity and individuality, including privacy in
					 treatment and in care for his personal needs;
11. is not required to perform services for
					 the ICF-IID that are not included for therapeutic purposes in their individual
					 program plan;
12. may associate and
					 communicate privately with persons of his choice, may join with other clients
					 or individuals within or outside of the ICF-IID to work for improvements in
					 client care, and send and receive his personal mail unopened, unless medically
					 contraindicated (as documented by his physician or nurse practitioner/physician
					 assistant in his medical record);
13. may meet with, and participate in
					 activities of, social, religious and community groups at his discretion, unless
					 medically contraindicated (as documented by his physician or nurse
					 practitioner/physician assistant in his medical record);
14. may retain and use his personal clothing
					 and possessions as space permits, unless to do so would infringe upon rights of
					 other clients, unless medically contraindicated (as documented by his physician
					 or nurse practitioner/physician assistant in his medical record);
15. if married, is assured privacy for visits
					 by his/her spouse; if both are inpatients in the ICF-IID, they are permitted to
					 share a room, unless medically contraindicated (as documented by the attending
					 physician or nurse practitioner/physician assistant in the medical record);
					 and
16. is assured of exercising
					 his civil and religious liberties including the right to independent personal
					 decisions and knowledge of available choice. The ICF-IID shall encourage and
					 assist in the fullest exercise of these rights and shall communicate rights in
					 a manner that is understandable to the client.
Miss. Code Ann.
						§
												43-11-13