Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 4 - MINIMUM STANDARDS OF OPERATION FOR POST-ACUTE RESIDENTIAL BRAIN INJURY REHABILITATION FACILITIES › Subchapter 15 - FACILITY POLICIES › Rule 15-16-1-4.15.5 - Clients' Rights

Current through June 25, 2024
Rights and licensed facility rules must be in writing
						and be made available to all clients, employees, responsible parties, and must
						be posted in the facility for public viewing. Each client shall:
1. Not be deprived of civil or legal rights;
2. Not be denied admission,
					 segregated or otherwise subjected to discrimination on the basis of race, sex,
					 handicap, creed, national background or ancestry; a facility that is a
					 religious organization may limit admissions to its own adherents;
3. Live within the least restrictive
					 environment possible in order to retain their individuality and personal
					 freedom. Staff shall knock and request entrance before entering any
					 bedroom;
4. Be treated as
					 individuals and with dignity, be assured choice and privacy and the opportunity
					 to act autonomously, take risks to enhance independence, and share
					 responsibility for decisions;
5. Be
					 allowed to participate and have family participate, if desired, in the planning
					 of activities and services;
6.
					 Receive or refuse care and services that are adequate, appropriate, and in
					 compliance with conditions of residency, relevant federal and State laws and
					 rules and regulations;
7. Be free
					 from mental, emotional, and physical abuse and neglect and assured that no
					 chemical restraints will be used;
8. Have records and other information kept
					 confidential and released only with a client's or legal guardian's expressed
					 written consent or in accordance with state law;
9. Have a service animal for medical reasons;
10. Have visitors of their choice,
					 as long as such does not infringe upon the rights of others;
11. Have access to private telephone
					 communications;
12. Send and
					 receive mail promptly and unopened;
13. Furnish their own rooms, use and maintain
					 personal clothing and possessions as space permits;
14. Have the right to manage his/her personal
					 financial affairs, or is given at least a quarterly accounting of financial
					 transactions made on his/her behalf should the facility accept the written
					 delegation from the client or from his/her responsible party of this
					 responsibility to the facility for any period of time in conformance with State
					 Law.
15. Be 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 RBIR must have policies and procedures addressing the
					 use of and monitoring of restraints. A physician's order for restraint must be
					 countersigned physician, nurse practitioner or physician assistant within 24
					 hours of the emergency application of the restraint;
16. Have freedom to participate in accessible
					 community activities and in social, political, medical, and religious
					 activities or to have freedom to refuse such participation;
17. Arrange for third-party services at their
					 own expense should such not be available through the facility provided the
					 client remains in compliance with the conditions of residency;
18. Be informed of grievance process and
					 procedures and to receive response to grievances without fear of reprisal. To
					 voice grievances and suggest changes in policies and services to either staff
					 or outside representatives without fear of reprisal or other
					 retaliation;
19. Be given written
					 notice of not less than thirty (30) days prior to discharge from the facility,
					 except in life-threatening emergencies and when the client is a danger to
					 him/her self or to others;
20.
					 Remain in the current facility, foregoing a recommended transfer to obtain
					 additional services, if a mutually agreed upon risk agreement is signed by the
					 client, the responsible representative (if any) and the facility provided such
					 does not place the facility in conflict with these or other laws or
					 regulations;
21. Receive at least a
					 24 hour notice prior to a change in room/unit. The client shall be informed of
					 the reason for the move and/or shall be informed when their roommate is being
					 changed;
22. Live in a physical
					 environment which ensures their physical and emotional security and
					 well-being;
23. Retain the services
					 of his/her own personal physician, dentist or other health care
					 facility;
24. Be provided
					 confidentiality and privacy concerning his/her medical and dental condition and
					 treatment;
25. Select the pharmacy
					 or pharmacist of their choice;
26.
					 Not be required to perform services for the RBIR that are not included for
					 therapeutic purposes in their individual program plan; and
27. Have the right to associate and
					 communicate privately with persons of his choice, may join with other clients
					 or individuals within or outside of the RBIR to work for improvements in client
					 care, unless medically contraindicated (as documented by his physician or nurse
					 practitioner/physician assistant in his medical record).
Miss. Code Ann.
						§
												41-75-13