Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 771 - ADULT SERVICES APPROVED PROVIDERS › Section 22VAC40-771-150 - Rights of adults in care

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Adults in the care of local department-approved providers shall have the rights
				and responsibilities specified in this section. The provisions of this section
				shall not be construed to restrict or abridge any right that any adult has
				under the law. The provider shall establish policies and procedures to ensure
				that adults in care are aware of the following rights:
1. To be fully informed, prior to the
				beginning of the provision of services, of his rights and of all rules and
				expectations governing his conduct and responsibilities; the adult and, if
				appropriate, his responsible persons shall acknowledge, in writing, receipt of
				this information, which shall be filed in his record;
2. To be fully informed, prior to the
				beginning of the provision of services, of services available and of related
				charges, if any; this shall be reflected by the adult's written acknowledgment
				of having been so informed, which shall be filed in his record;
3. Unless a conservator of such person has
				been appointed, to be free to manage his personal finances and funds; to be
				entitled to access to personal account statements reflecting financial
				transactions made; and, when receiving adult foster care, to be given at least
				a quarterly accounting of financial transactions made on his behalf;
4. To be afforded confidential treatment of
				his personal affairs and records and to approve or refuse their release to any
				individual outside the home except as otherwise provided in law and except in
				case of his transfer to another setting;
5. When receiving adult foster care or adult
				day services, to be transferred or discharged only when provided with a
				statement of reasons, or for nonpayment for his stay, and to be given advance
				notice of at least 30 days; upon notice of discharge or upon giving reasonable
				advance notice of his desire to move, the adult shall be afforded reasonable
				assistance to ensure an orderly transfer or discharge; such actions shall be
				documented in his record; the local department that made the placement shall be
				given advance notice of at least 30 days for any transfer or
				discharge;
6. An adult receiving
				adult foster care or adult day services may be discharged immediately if his
				physical or mental health conditions or his behavior places himself or others
				at risk of serious bodily harm or injury; the discharge must be to a setting
				that will ensure the protection of the adult's health, safety and welfare; the
				local department that made the placement must be notified of the emergency
				discharge as soon as practicable but no later than 24 hours after the emergency
				discharge;
7. In the event a
				medical condition should arise while he is under the care of the provider, to
				be afforded the opportunity to participate in the planning of his program or
				care and medical treatment and the right to refuse treatment;
8. When receiving care from an adult foster
				care or adult day services provider, to not be required to perform services for
				the home except as voluntarily contracted pursuant to an agreement for services
				that states the terms of consideration or remuneration and is documented in
				writing and retained in his record;
9. To be free to select health care services
				from reasonably available resources;
10. To be free from mental, emotional,
				physical, sexual, and financial abuse or exploitation; to be free from forced
				isolation, threats, or other degrading or demeaning acts against him; and, when
				receiving care from an adult foster care or adult day services provider, to not
				have his known needs neglected or ignored by the provider;
11. To be treated with courtesy, respect, and
				consideration as a person of worth, sensitivity, and dignity;
12. To be free to voice grievances and
				recommend changes in policies and services, free of coercion, discrimination,
				threats, or reprisal;
13. When
				receiving care from an out-of-home local department-approved provider, to be
				permitted to retain and use his personal clothing and possessions as space
				permits unless to do so would infringe upon rights of other adults;
14. To be encouraged to function at his
				highest mental, emotional, physical, and social potential;
15. To receive and send uncensored, unopened
				mail;
16. To refuse medication
				unless there has been a court finding of incapacity;
17. To choose which services are included in
				the service agreement and to receive all physician-prescribed treatments.
				Adults also have the right to refuse services, if doing so does not endanger
				the health or safety of other adults; and
18. To be free of physical, mechanical or
				chemical restraint except in the following situations and with appropriate
				safeguards, including training for the provider on the use of restraints:
a. As necessary to respond to unmanageable
				behavior in an emergency situation that threatens the immediate safety of the
				adult or others; and
b. As
				medically necessary, as authorized in writing by a physician, to provide
				physical support to a weakened adult;
19. To be free of prescription drugs except
				where medically necessary, specifically prescribed, and supervised by the
				attending physician;
20. To be
				accorded respect for ordinary privacy in every aspect of daily living,
				including but not limited to the following:
a.
				In the care of his personal needs except as assistance may be needed;
b. In any medical examination or
				health-related consultations that the adult may have at the home;
c. In communications, in writing or by
				telephone;
d. During visitations
				with other persons;
e. When
				receiving care from an out-of-home provider, in the adult's room or portion
				thereof; adults shall be permitted to have guests or other adults in their
				rooms unless to do so would infringe upon the rights of other adults; staff
				shall not enter an adult's room without making their presence known except in
				an emergency or in accordance with safety oversight requirements included in
				regulations of the State Board of Social Services; and
f. When receiving care from an out-of-home
				provider, in visits with his spouse; if both are adults of the home they are
				permitted, but not required, to share a room unless otherwise provided in the
				adult's agreements; and
21. Is permitted to meet with and participate
				in activities of social, faith-based, and community groups at his discretion
				unless medically contraindicated as documented by his physician in his medical
				record.