Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 10 - Licensing and General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for the Licensing of Organizations and Facilities Licensed by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Section 212-RICR-10-00-1.26 - Individual (Participant) Rights

Current through June 14, 2024
A. Organizations
				 shall establish written policies and procedures that promote the highest
				 practicable professional standards related to individual rights. These policies
				 and procedures shall be adhered to always, in all settings, and during all
				 interactions.
B. Each individual
				 will be informed of their rights in a way they understand.
C. Organizations shall follow these
				 procedures throughout the entire process of care, including but not limited to,
				 initial contact, application, eligibility determination, admission,
				 orientation, delivery of services, revision of direct services, transfer of
				 services, and discharge from services.
D. Organizations shall continually afford
				 each person these rights and inform them of these rights, as appropriate, and
				 in a manner consistent with his or her individual learning style.
E. Organizations shall maintain a written
				 statement of rights for individuals receiving services and those requesting
				 services.
F. Individuals requesting
				 services shall have the right to receive an individualized
				 assessment.
G. Each individual,
				 legal guardian, and/or advocate shall be provided with a written statement of
				 the "Rights of individuals" that shall contain, the following:
1. This Part hereby adopts and incorporates
				 by reference R.I. Gen. Laws §§
											40.1-24.5-3,
				  40.1-24.5-5,
				  40.1-24.5-6,
				 and
				  40.1-24.5-7 and
				  40.1-26-3 as
				 applicable to each individual.
2.
				 Each Organization and its employees and volunteers shall mindfully and
				 carefully follow all federal and state confidentiality laws and regulations to
				 protect the privacy and dignity of each individual as much as possible and
				 necessary:
a. to the extent any exception may
				 apply that allows lawful disclosure, including but not limited to, by court
				 order or in emergencies to legally define persons, such Organization will
				 exercise due diligence to ensure compliance with the letter and spirit of the
				 statutory and/or regulatory exception in the applicable confidentiality
				 law.
3. Each
				 Organization will ensure individual's rights of privacy, dignity and respect
				 and freedom from coercion and restraint.
4. Individuals will be provided with the
				 right to full access to the community, including the right to engage in
				 community life, to control personal resources, and to receive services in the
				 community to the same degree as those not receiving Medicaid HCBS, in
				 accordance with
				  42 C.F.R. §
												441.301(C)(4) (I-vi).
5. Each individual has
				 privacy in their sleeping or living unit:
a.
				 Units have lockable doors by the individual with only appropriate staff having
				 keys to the doors;
b. Individuals
				 sharing units have a choice of roommates in that setting;
c. Individuals have the freedom to furnish
				 and decorate their sleeping or living units within the lease or other
				 agreement.
d. Individuals have the
				 freedom and support to control their own schedules and activities;
e. Individuals have access to food at any
				 time;
f. Individuals may have
				 visitors of their choosing at any time.
g. The setting is physically accessible to
				 the individual.