Haw. Code R. § 11-800-53 - Client rights

(a) Written policies and procedures regarding the rights of the client during the client's stay in the home shall be established and a copy shall be provided to the client, or the client's legal representative, and made available to the public when requested.

(b) These policies and procedures relating to the home shall provide that each client in the home shall:

(1) Be fully informed, prior to or at the time of admission, of these rights and of all rules governing the client's conduct in the home. There shall be documentation signed by the client or the client's legal representative that this procedure has been carried out;

(2) Have the right to reside in the home of the client's choice;

(3) Be fully informed, prior to or at the time of admission, and during the client's stay, of services available in or through the home and related charges;

(4) Be given a minimum of three weeks advance notice of transfers or discharges, except in emergencies;

(5) Be encouraged and assisted to exercise the client's rights, including the client's grievance rights, and to recommend changes in policies and services to the primary caregiver or outside representatives of the client's choice, free from restraint, interference, coercion, discrimination, or retaliation.

(A) The client shall be assisted in contacting individuals or agencies of the client's choice by the case management agency; and

(B) The client may present grievances to the department;

(6) Be fully informed of the conditions under which the home may manage the client's personal financial affairs;

(7) Not be humiliated, harassed, or threatened, and be free from physical and chemical restraints. Physical and chemical restraints may be used as specified in section 11-800-47(d);

(8) Have the client's personal and medical records kept confidential;

(9) Be treated with understanding, respect, and full consideration of the client's dignity and individuality, including privacy in treatment and in care of the client's personal needs;

(10) Not be required to perform services for the home unless agreed to by the client and documented;

(11) Have the right to associate and communicate privately with persons of the client's choice, and to send and receive personal mail and items unopened;

(12) Have the right to meet with and participate in activities of social, religious, and community groups at the client's discretion;

(13) Retain and use personal clothing and possessions as space permits, unless to do so would infringe upon the rights of other clients;

(14) If married, be assured of privacy for visits by the spouse and, if both are clients in the home, be permitted to share a room, with written consent of both clients;

(15) Have daily visiting hours and provisions for privacy established;

(16) Shall not have dietary restrictions used as punishment; and

(17) Have a right to be free from abuse.

Notes

Haw. Code R. § 11-800-53

[Eff 11/13/2018] (Auth: HRS §§ 321-481, 321-483, 321-485, 346-14) (Imp: HRS §§ 321-481, 321-483, 321-485, 346-14)