W. Va. Code R. § 64-2-7 - Participant Rights

7.1. General Rights.

7.1.a. The licensee shall post in a conspicuous place the medical adult day care center's license, a copy of the participants' rights, the participant's responsibilities, and the phone numbers for the abuse hotline and the office of the licensing agency.

7.1.b. If a legal representative has been appointed for, or designated by, any participant as having the authority to exercise one (1) or more of the participants' rights for the participant, the licensee shall permit the legal representative to exercise the authority. If the legal representative exercises the authority for a participant, it shall be in a manner consistent with applicable federal and state laws. The licensee shall keep a copy of the document granting legal authority to a legal representative in the participant's record.

7.1.c. Nothing in this rule shall in any way be construed to diminish or deprive any individual of his or her rights under federal and state laws.

7.1.d. A participant has the right to be free from restraint, interference, coercion, discrimination or reprisal from the licensee in exercising his or her rights.

7.1.e. A participant has the right to be free from discriminatory practices related to admission or services on the grounds of race, religion, national origin, age, gender, sexual orientation or disability.

7.1.f. A participant has the right to view the results of inspections and complaint investigations conducted by the licensing agency. The licensee shall make available, in a place accessible to participants, the deficiencies cited during the most recent survey, any complaint investigation conducted within the preceding twelve (12) months, and the center's plan of correction.

7.2. Treatment.

7.2.a. A participant has the right to participate in planning his or her overall care, to use the physician of his or her choice, to be fully informed in advance about care and treatment that may affect him or her, to make advanced directives about his or her medical care and to refuse treatment.

7.2.b. The licensee shall ensure that no participant is abused, exploited, neglected, mistreated, or restrained by physical or chemical means. Staff shall only use physical restraints in an emergency under physician's order, for the safety of the participant or others in the medical adult day care center until the participant is transferred to a more appropriate setting and shall not be used for a period exceeding two (2) hours. Restraints used during emergencies are limited to a cloth vest or soft belt restraints, and only trained staff may apply a restraint. One on one staff supervision shall be provided during the duration of the time the restraints are in place.

7.2.c. The licensee or staff shall report neglect, abuse or emergency situations immediately, in accordance with W. Va. Code § 9-6-9, to the local adult protective services office or contact the adult protective services hotline number. In all situations of suspected abuse or neglect, the WV department of health and human resources adult protective services reporting form shall be completed within forty-eight (48) hours and sent to the appropriate parties as written follow-up to the immediate report. In addition, the licensee or staff shall contact the medical adult day care center's licensing agency as provided in Subdivision 7.2.f. of this subsection. The Secretary may report alleged failures by a licensed health care professional to report alleged incidents of neglect or abuse or emergency situations to the individual's licensing board.

7.2.d. The licensee shall ensure that all allegations involving abuse, exploitation or neglect are immediately and thoroughly documented and investigated by the licensee, or his or her designee, on receipt of the allegation. While the investigation is in progress, the licensee shall take measures to ensure that further abuse does not occur.

7.2.e. If the allegation is substantiated, the licensee shall assure that appropriate sanctions are invoked or actions are taken to prevent a recurrence of alleged abuse, exploitation or neglect.

7.2.f. The licensee shall notify the licensing agency within seventy-two (72) hours of the date of an allegation of abuse, exploitation, or neglect. The licensee shall concurrently forward to the licensing agency documentation of the investigation, the results of the investigation and the response to the investigation.

7.2.g. A participant has the right to refuse to participate in experimental research. A participant may participate in experimental research only when he or she has given prior written informed consent that conforms with applicable federal and state laws.

7.2.h. A participant has the right to make choices regarding the activities of his or her daily life.

7.2.i. A participant has the right to be free to leave the center and grounds according to his or her needs and capabilities as documented in the service plan.

7.2.j. A participant has the right to personal privacy and confidentiality, including accommodations, treatment, records, written and telephone communications, personal assistance, and visits and meetings of family members.

7.2.k. The use of visual and auditory devices to monitor areas of the medical adult day care center is restricted to common areas only. The licensee shall provide written notice to the participant or his or her legal representative of the use of these devices at the time of admission and also post a notice about their use in a prominent place in the center.

7.2.l. A participant has a right to privacy in treatment and care. No person shall enter a treatment area where a participant is receiving treatment without identifying himself or herself to the participant and receiving the participant's permission to enter.

7.2.m. A participant has the right to voice grievances with respect to treatment or care provided without discrimination or reprisal for voicing the grievance.

7.2.n. A participant has the right to prompt action by the licensee to resolve any complaints the participant has, including those with respect to the behavior of other participants. The licensee shall respond to the complainant in writing no later than four (4) days after the complaint is filed.

7.2.o. A participant has the right to refuse to perform services for the center.

7.3. Access, Visitation and Communication.

7.3.a. A participant has the right to participate in social and religious activities of his or her choice.

7.3.b. A participant has the right to meet and communicate privately with persons of his or her choice.

7.3.c. A participant has the right to assemble and organize with other participants to solicit and recommend improvements in the medical adult day care center's services and to resolve problems that arise between the participants and the licensee.

7.3.d. A participant has the right to receive information from agencies acting as client advocates, such as the West Virginia Advocates program, and to contact these agencies.

7.3.e. All of the following shall have immediate access to any participant and the premises of the medical adult day care center: any representative of the state acting in an official capacity related to medical adult day care centers; the participant's individual physician; and agencies responsible for the protection and advocacy system for mentally retarded or developmentally disabled individuals and the mentally ill.

Notes

W. Va. Code R. § 64-2-7