24 Miss. Code. R. 2-14.2 - Employees Roles in Protecting Rights of People Receiving Services

A. The agency provider must define each employee's responsibility in maintaining a person's rights, as well as the ability to explain these rights to the person receiving services or their family member(s)/legal representative(s) in a manner that is clearly understood.

B. The agency provider's policies and procedures must be written in such a way that employee roles in maintaining or explaining these rights are clearly defined.

C. The policies and procedures must also clearly explain how the agency provider will train employees to develop and retain the skills needed to uphold this role and should address the required training on people's rights, as outlined in Chapter 12.

D. A record of any person for whom the agency provider is the legal representative, or a representative payee, must be on file with supporting documentation.

E. For agency providers serving as conservator or representative payee, the following action must be taken for each person:

1. A record of sums of money received for/from each person and all expenditures of such money must be kept up-to-date and available for inspection by DMH personnel; and

2. The person and/or their legal representative(s) must be furnished a receipt, signed by the lawful agent(s) of the agency provider, for all sums of money received and expended at least quarterly, or more often if requested.

F. When planning and implementing services that offer people the opportunity for community participation, agency providers shall recognize that:

1. People retain the right to assume informed risk. The assumption of risk is required to consider and balance the person's ability to assume responsibility for that risk and a reasonable assurance of health and safety;

2. People make choices during the course of the day about their everyday life, including daily routines and schedules;

3. People have the opportunity to develop self-advocacy skills including, but not limited to registering to, vote; and

4. People are afforded the opportunity, to the maximum extent possible, the same access to the community as people who do not have a mental illness, intellectual/ developmental disability, or substance use disorder.

Notes

24 Miss. Code. R. 2-14.2

Miss. Code Ann. § 41-4-7

Amended 7/1/2016 Amended 9/1/2020 Amended 11/1/2024