Washington Administrative Code › Title 388 - Social and Health Services, Department of › DEVELOPMENTAL DISABILITIES SERVICES › Chapter 388-823 - Developmental disabilities administration intake and eligibility determination › ELIGIBILITY EXPIRATION, REVIEWS, AND REAPPLICATION › Section 388-823-1095 - What are a person's rights as a DDA client or eligible person?

Current through Register Vol. 24-14, July 15, 2024
(1) The following
				  definitions apply to this section:
(a)
				  "Administration" means the division of the department responsible for providing
				  services to eligible persons, but does not include the division of the
				  department responsible for the licensing and certification of services and
				  facilities for eligible persons.
(b) "Assessment" has the same meaning as
				  defined in
				  RCW
				  71A.10.020.
(c) "Client" means a person who has a
				  developmental disability as defined in
				  RCW
				  71A.10.020 and has been determined to be
				  eligible to receive services under chapter 71A.16 RCW.
(d) "Department" means the department of
				  social and health services.
(e)
				  "Developmental disabilities ombuds" means the office created under chapter
				  43.382 RCW.
(f) "Eligible person"
				  has the same meaning as defined in
				  RCW
				  71A.10.020.
(g) "Legal representative" means a parent of
				  a client under age 18, a court-appointed guardian or limited guardian under
				  Title 11 RCW if the subject matter is within the scope of the guardianship
				  order, or any other person authorized by law to act for the client.
(h) "Necessary supplemental accommodation
				  representative" means an individual who receives copies of administration
				  correspondence to help a client or eligible person understand the documents and
				  exercise the client or eligible person's rights. The necessary supplemental
				  accommodation representative is identified by the client or eligible person
				  when the client or eligible person does not have a legal guardian and is
				  requesting or receiving services from the administration.
(i) "Provider" means an individual, a
				  facility, or an agency that is one or more of the following: Licensed,
				  certified, contracted by the department, or state operated to provide services
				  to administration clients.
(j)
				  "Restraint" includes:
(i) Physical restraint,
				  which is a manual method, obstacle, or physical or mechanical device, material,
				  or equipment attached or adjacent to the client's body that restricts freedom
				  of movement or access to the client's body, is used for discipline or
				  convenience, and is not required to treat the client's medical symptoms;
				  and
(ii) Chemical restraint, which
				  is a psychopharmacologic drug that is used for discipline or convenience and is
				  not required to treat the client's medical symptoms.
(k) "Restriction" means a limitation on the
				  client's use or enjoyment of property, social activities, or engagement in the
				  community.
(1) "Service plan" means any plan
				  required by the department to deliver the services authorized by the
				  administration to the client.
(2)
				  The rights set forth in this section are the minimal rights guaranteed to all
				  clients of the administration, and are not intended to diminish rights set
				  forth in other state or federal laws that may contain additional
				  rights.
(3) The administration must
				  notify the individual and the individual's legal representative or necessary
				  supplemental accommodation representative of the rights set forth in this
				  section upon determining the individual is an eligible person. The notification
				  the administration provides must be in written form. The administration must
				  document the date that the notification required in this subsection was
				  provided.
(4) The administration
				  must notify a client and a client's legal representative or necessary
				  supplemental accommodation representative of the rights set forth in this
				  section upon conducting a client's assessment. The notification the
				  administration provides must be in written form. The administration must
				  document the date it provided the notification required in this
				  subsection.
(5) The client has the
				  right to exercise autonomy and choice free from provider interference. This
				  includes the client's right to:
(a) Be free
				  from sexual, physical, and mental abuse, corporal punishment, and involuntary
				  seclusion;
(b) Be free from
				  discrimination based on race, color, creed, national origin, religion, sex,
				  age, disability, marital and family status, gender identity, or sexual
				  orientation;
(c) Make choices
				  regarding the type of food available within the client's resources and service
				  plan;
(d) Have visitors at the
				  client's home and associate with persons of the client's choosing and subject
				  to limitations as negotiated with the client's housemates;
(e) Control the client's schedule and choose
				  activities, schedules, and health care that meet the client's needs;
(f) Information about the treatment ordered
				  by the client's health care provider and help plan how the treatment will be
				  implemented;
(g) Be free from
				  unnecessary medication, restraints, and restrictions;
(h) Vote, participate in the democratic
				  process, and help people with getting elected to office;
(i) Manage the client's money or choose a
				  person to assist;
(j) Be part of
				  the community;
(k) Make choices
				  about the client's life;
(l) Choose
				  the clothes and hairstyle the client wears;
(m) Furnish and decorate the client's bedroom
				  to the client's preferences or furnish and decorate the client's home to the
				  client's preferences subject to agreement with the client's
				  housemates;
(n) Seek paid
				  employment;
(o) Receive the
				  services that the client agrees to receive;
(p) Decide whether or not to participate in
				  research after the research has been explained to the client, and after the
				  client or the client's legal representative gives written consent for the
				  client to participate in the research; and
(q) Be free from financial
				  exploitation.
(6) The
				  client has the right to participate in the administration's service planning.
				  This includes the client's right to:
(a) Be
				  present and provide input on the client's service plans written by the
				  administration and providers;
(b)
				  Have meaningful opportunities to lead planning processes;
(c) Have the client's visions for a
				  meaningful life and the client's goals for education, employment, housing,
				  relationships, and recreation included in the planning process;
(d) Choose an advocate to attend the planning
				  processes with the client; and
(e)
				  Have access to current and accurate information about recreation, education,
				  and employment opportunities available in the client's community.
(7) The client has the right to
				  access information about services and health care. This includes the client's
				  right to:
(a) View a copy of all of the
				  client's service plans;
(b) Possess
				  full copies of the client's current service plans;
(c) Review copies of the policies and
				  procedures for any service the client receives, at any time. This includes
				  policies and procedures about how the client may file a complaint to providers
				  and the department;
(d) Examine the
				  results of the department's most recent survey or inspection conducted by state
				  surveyors or inspectors, statements of deficiency, and plans of correction in
				  effect with respect to the client's provider and the client's residence. The
				  client's service provider must assist the client with locating and accessing
				  this information upon the client's request; and
(e) Receive written notification of
				  enforcement actions taken by the department against the client's provider. The
				  administration's case manager or designee must provide notification to the
				  client and the client's legal representative or necessary supplemental
				  accommodation representative within 20 days, excluding weekends and holidays,
				  of the date of enforcement. For purposes of this subsection, a "provider" means
				  an entity that provides residential services received by a client that is
				  operated by or contracted through the administration. An enforcement action
				  that requires this notification includes:
(i)
				  Conditions placed on the provider certification or license;
(ii) Suspension or limited suspension of
				  referrals or admissions;
(iii)
				  Imposition of provisional certification or decertification; or
(iv) Denial, suspension, or revocation of a
				  license or certification.
(8) The client has the right to file
				  complaints and grievances, and to request appeals. This includes the client's
				  right to:
(a) Appeal any decision by the
				  department that denies, reduces, or terminates the client's eligibility,
				  services, or choice of provider as defined in federal medicaid law and state
				  public assistance laws;
(b) Submit
				  grievances to the client's provider about the client's services or other
				  concerns. This includes, but is not limited to, concerns about the behavior of
				  other people where the client lives. The provider must maintain a written
				  policy on the grievance process that includes timelines and possible remedies.
				  If a grievance is unresolved, the provider must provide the client with
				  information on how to submit the grievance to the department;
(c) File complaints and grievances, and
				  request appeals without penalty or retaliation by the department or providers;
				  and
(d) Receive information about
				  how to obtain accommodation for disability in the appeal process.
(9) The client has the right to
				  privacy and confidentiality. This includes the client's right to:
(a) Personal privacy and confidentiality of
				  the client's personal records;
(b)
				  Communicate privately, including the right to send and receive mail and email,
				  and the right to use a telephone in an area where calls can be made without
				  being overheard; and
(c) Meet with
				  and talk privately with the client's friends and family.
(10) The client has rights during discharge,
				  transfer, and termination of services as set forth in this subsection.
(a) Clients who are residents of a long-term
				  care facility that is licensed under chapter 18.20, 72.36, or 70.128 RCW have
				  the rights set forth in
				  RCW
				  70.129.110.
(b) Clients who receive certified community
				  residential services have the right to:
(i)
				  Remain with the client's provider. Services must not be terminated unless the
				  provider determines and documents that:
(A)
				  The provider cannot meet the needs of the client;
(B) The client's safety or the safety of
				  other individuals in the facility or residence is endangered;
(C) The client's health or the health of
				  other individuals in the facility or residence would otherwise be endangered;
				  or
(D) The provider ceases to
				  operate.
(ii) Receive
				  written notice from the provider of any potential termination of services at
				  least 30 days before such termination, except when there is a health and safety
				  emergency that requires termination of service, in which case notice must be
				  provided at least 72 hours before the date of termination. The notice must be
				  provided to the client and the client's legal representative or necessary
				  supplemental accommodation representative. The notice must include:
(A) The reason for termination of services;
				  and
(B) The effective date of
				  termination of services.
(iii) Receive a transition plan at least two
				  days before the effective date of the termination of services, or if the
				  termination was based on a health and safety emergency receive a transition
				  plan within two days of the administration's receipt of notice for emergency
				  termination. The administration must provide the client and the client's legal
				  representative or necessary supplemental accommodation representative with the
				  plan. The plan must include:
(A) The location
				  where the client will be transferred;
(B) The mode of transportation to the new
				  location; and
(C) The name,
				  address, and telephone number of the developmental disabilities
				  ombuds.
(c) A
				  provider that provides services to clients in a residence owned by the provider
				  must exhaust the procedures for termination of services prior to the
				  commencement of any unlawful detainer action under
				  RCW
				  59.12.030.
(11) The client has the right to access
				  advocates. The client has the right to receive information from agencies acting
				  as client advocates, and be afforded the opportunity to contact these agencies.
				  The provider must not interfere with the client's access to any of the
				  following:
(a) Any representative of the
				  state;
(b) The resident's
				  individual physician;
(c) The
				  developmental disabilities ombuds; or
(d) Any representative of the organization
				  designated to implement the protection and advocacy program pursuant to
				  RCW
				  71A.10.080.
(12) If a client is subject to a guardianship
				  order pursuant to chapter 11.130 RCW, the rights of the client under this
				  section are exercised by the client's guardian if the subject matter is within
				  the scope of the guardianship order.
(13) In addition to the rights in this
				  section, clients who receive home and community-based services are entitled to
				  receive those services in an integrated setting as described in WAC
				  388-823-1096.