Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 3 - Licensing and Certification › Chapter 49 - Case Management › Section I-4977 - Basic Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. All case
				  managers must conform to applicable state laws and DHH policies and procedures
				  relative to consumer rights, including but not limited to those concerning
				  confidentiality of consumer information and grievance procedures and consumer's
				  right to appeal department decisions on service eligibility, planning, and
				  delivery.
B. All case managers must
				  conform to applicable state laws and DHH policies and procedures regarding
				  consumer health and safety including but not limited to those concerning
				  transporting consumers and abuse/neglect reporting.
C. There must be written policies and
				  procedures that protect the consumer's welfare including the means by which the
				  protections will be implemented and enforced.
D. The consumer, consumer's family or legal
				  guardian, where appropriate, must be informed of their rights both verbally and
				  in writing in language the consumer is able to understand.
E. The written policies and procedures, at a
				  minimum, must address the following protections and rights:
1. to human dignity;
2. to acceptance of chosen life
				  style;
3. to impartial access to
				  treatment regardless of race, religion, sex, ethnicity, age or
				  handicap;
4. cultural access is
				  evidenced through provision of:
a.
				  interpretive services
b. translated
				  material
c. use of native language
				  and staff when possible
d. staff
				  trained in cultural awareness
5. access to persons with special needs is
				  evidenced through sign language interpretation and mechanical aids and devices
				  that assist those persons in achieving maximum benefit from services;
6. to privacy;
7. to confidentiality and access to consumer
				  records including:
a. requirement for the
				  consumer's written, informed consent for release of information
b. emergency unauthorized release
c. internal access to consumer
				  records
d. external access to
				  consumer records
e. conditions for
				  consumer access to his/her records
8. to a complete explanation of the nature of
				  services and procedures to be received including risks, benefits and available
				  alternative services;
9. to
				  participate, actively, in services including assessment/reassessment, service
				  plan development, and transition/closure;
10. to refuse specific services;
11. to complaint/grievance
				  procedures;
12. to be informed of
				  the financial aspects of services;
13. to be informed of the need for parental
				  or guardian consent for treatment or services, if appropriate;
14. to manage, personally, financial affairs
				  unless legally determined otherwise;
15. to give informed written consent prior to
				  being involved in research projects;
16. to refuse to participate in any research
				  project without compromising access to services;
17. to protection from harm including any
				  form of abuse, neglect, or mistreatment;
18. to receive services in a safe and humane
				  environment;
19. to receive the
				  least intrusive services appropriate and available;
20. to contact any advocacy resources as
				  needed, especially during grievance procedures;
21. to be informed of the right to freely
				  choose providers from those available.