Iowa Admin. Code r. 441-29.3 - [Effective 7/1/2025] Rights of individuals
An individual receiving care from a state mental health institute will have the following rights.
(1)
Information. An
individual receiving care from a state mental health institute will have the
right to:
a. Receive an explanation and
written copy of the rules of the facility.
b. Be provided information on the provisions
of law pertaining to admission to and discharge from the facility.
c. Receive an explanation of the individual's
medical condition and be informed of treatment plans and the attendant risks of
treatment.
d. Be provided with
complete and current information concerning the individual's diagnosis,
treatment, and progress in terms and language understandable to the
individual.
e. Have the information
required in this subrule made available to the individual's parent, guardian,
or legal representative when it is not feasible to give the information
directly to the individual.
(2)
Care and treatment. An
individual receiving care from a state mental health institute will have the
right to:
a. Be evaluated promptly following
admission and receive emergency services appropriate to the individual's
needs.
b. Have a current
individualized written plan of treatment.
c. Receive appropriate treatment, services,
and rehabilitation for the individual's mental illness, including appropriate
and sufficient medical and dental care.
d. Have the opportunity for educational,
vocational, rehabilitative, and recreational programs appropriate to the
individual's treatment needs.
e.
Have the confidentiality of the individual's personal mental health institute
records maintained and have access to those records within a reasonable
period.
f. Have an individualized
posthospitalization plan.
(3)
Living conditions. An
individual receiving care from a state mental health institute will have the
right to:
a. Live in the least restrictive
conditions necessary to achieve the purposes of treatment.
b. Receive care in a manner that respects and
maintains the individual's dignity and individuality.
c. Have opportunities for personal privacy,
including during the care of personal needs.
d. Keep and use appropriate personal
possessions, including wearing the individual's own clothing.
e. Be free from unnecessary drugs,
restraints, and seclusion except when necessary to protect the immediate health
or safety of the individual or others.
f. Be free from physical, psychological,
sexual, or verbal abuse; neglect; and exploitation.
(4)
Communication. An
individual receiving care from a state mental health institute will have the
right to:
a. Have a family contact or
representative of the individual's choice or the individual's community
physician notified promptly of the individual's admission.
b. Communicate with people and access
services at the facility and in the community, including organizing and
participating in resident groups while at the facility.
c. Receive visits of the individual's choice
from parents, guardians, legal representatives, or family without prior notice
given to the facility unless the visits have been determined inappropriate by
the individual's treatment team.
d.
Communicate and meet privately with persons of the individual's choice without
prior notice given to the facility unless the communication is determined
inappropriate by the individual's treatment team.
e. Send and receive unopened mail.
f. Make and receive private telephone calls
unless the calls have been determined inappropriate by the individual's
treatment team.
g. Access current
informational and recreational media, such as newspapers, television, or
periodicals.
(5)
Self-determination. An individual receiving care from a state
mental health institute will have the right to:
a. Have a dignified existence with
self-determination, making choices about aspects of the individual's life that
are significant to the individual.
b. Participate in the development and
implementation of the individual's treatment plan.
c. Give informed consent, including the right
to withdraw consent at any given time.
d. Refuse treatment (such as medication,
surgery or electroconvulsive therapy) offered without the individual's
expressed informed consent and be provided with an explanation of the
consequences of those refusals unless treatment is necessary to protect the
health or safety of the individual or is ordered by a court.
e. Immediate discharge (if admitted
voluntarily) by submitting a written notice to the superintendent or chief
medical officer unless a written request for involuntary hospitalization is
submitted to a court.
f. Refuse to
perform services for the facility and not be coerced to perform
services.
g. Manage the
individual's own financial affairs unless doing so is limited under law or
determined not appropriate by the individual's treatment team.
h. Choose activities, schedules, and care
consistent with the individual's interests, needs, and treatment
plans.
i. Engage in social,
religious, and community activities of the individual's choice.
j. Formulate advanced directives and be
provided care in compliance with these directives.
(6)
Advocacy. An individual
receiving care from a state mental health institute will have the right to:
a. Exercise the individual's rights as a
citizen or resident of the United States.
b. File a grievance pursuant to rule
441-28.3 (229) without any
intimidation or reprisal resulting from the grievance.
c. Request a judicial review of the
hospitalization, file for a writ of habeas corpus, have an attorney of the
individual's choice, and communicate and meet privately with the individual's
attorney without prior notice given to the facility.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
The rates for cost of hospitalization are established by the division administrator and shall be available by contacting the business manager of the mental health institute.
(1) Individuals requesting voluntary admission without going through the regional administrator process shall be required to pay the cost of hospitalization in advance. This cost shall be computed at 30 times the last per diem rate and shall be collected weekly in advance upon admission. The weekly amount due shall be determined by dividing the monthly rate by 4.3.
(2) The facility shall bill each county for services provided to individuals chargeable to the county during the preceding calendar quarter as required in Iowa Code section 230.20. In determining the charges for services, direct medical services shall include:
a. X-ray services.
b. Laboratory services.
c. Dental services.
d. Electroconvulsive treatment (ECT).
e. Electrocardiogram (EKG).
f. Basal metabolism rate (BMR).
g. Pharmaceutical services.
h. Physical therapy.
i. Electroencephalograph (EEG).
j. Outside physician and hospital services billed to the mental health institutes.
k. Optometric services.
l. Outside ambulance services billed to the mental health institutes.
(3) The liability of a person legally liable for support of an individual with mental illness after 120 days of hospitalization shall be standard for one person in the family investment program as established in 441-subrule 41.28(2).