Section 158.041 - Participant Rights(A)Exercise of Rights. (1) A participant has the right to be free from interference, coercion, and reprisal from the Program in exercising his or her rights.(2) A participant has the right to be free from discrimination on the grounds of source of referral, source of payment, race, religion, national origin, sex, sexual orientation, age, or disability.(3) In the case of a participant adjudged incompetent under the state law by a court, the rights of the participant are exercised by the person appointed under state law to act on the participant's behalf. In the case of a participant who has not been adjudged incompetent by the State court, any legal-surrogate designated in accordance with state law may exercise the participant's rights to the extent provided by state law.(4) A participant or his or her legally authorized representative, upon request, has the right:(a) To access all of his or her records within 24 hours; and(b) To purchase, at a cost not to exceed the community standard, photocopies of the records within two business days.(c) To receive upon request the name and specialty of the person(s) responsible for his or her care and the coordination of his or her care; and(d) To receive an explanation as to the relationship, if any, of the Program to any other health care program or educational institution insofar as said relationship relates to his or her care or treatment.(B)Notice of Rights and Services.(1) A participant has the right to be fully informed, both orally and in writing, in a language that the participant understands, as documented by the participant's written acknowledgment, of all participant rights.(2) A participant has the right to receive a copy of participant rights stated in 105 CMR 158.041 upon request.(3) A participant has the right to be notified whenever there is a change in participant rights.(C)Free Choice. (1) A participant has the right to informed consent.(2) A participant has the right to refuse treatment and medication.(3) A participant has the right to make advanced directives about his or her medical care.(4) A participant has the right to be fully informed in a language that he or she can understand of his or her total health status, including but not limited to, his or her medical condition.(5) A participant has the right to refuse to be examined, observed, or treated by students or any other Program personnel.(6) A participant has the right to refuse to serve as a research subject and to refuse any care or examination when the primary purpose is educational or informational rather than therapeutic.(7) A participant has the right to refuse to perform services for the Program.(D)Privacy and Confidentiality.(1) A participant has the right to refuse the release of, and the Program must keep confidential, all information contained in the participant's records, regardless of the form or storage method of the records, except when release is required by:(a) Transfer to another health care institution;(c) Third party payment contract; or(2) A participant has the right to privacy during personal treatment and care.(E)Grievances.(1) A participant has the right to voice grievances without discrimination or reprisal. Grievances include those with respect to treatment which has been furnished as well as that which has not been furnished.(2) A participant has the right to prompt efforts by the Program to resolve grievances the participant may have, including those with respect to the behavior of other participants. Such grievances and the action taken by the Program shall be documented in the participant's health record.(F) A participant has the right to examine the state license inspection reports for the Program. The Program must make the results available for examination in a place readily accessible to participants without the need to request access.(G) A participant has the right to private, unrestricted, communication with persons of his or her choice while at the Program, including privacy for telephone calls and meetings.(H)Quality of Life and Care.(1) A participant has the right to be free from isolation, aversive interventions, unnecessary medication, and mental and physical abuse, mistreatment, and neglect.(2) A participant has the right to be free from chemical and physical restraints imposed for purposes of discipline or convenience and not required to treat any medical symptom.(3) A participant has the right to prompt life saving treatment in an emergency.(4) A participant has the right to receive adequate and appropriate health care.(5) A participant has the right to be treated with consideration, respect, and dignity.(6) A participant has the right to have all reasonable requests, within the capacity of the Program, responded to promptly and adequately.(I) The enrollment of a participant in a Program and his or her presence therein shall not confer on the Program or its licensee, Program Director, personnel, or representatives the authority to manage, use, or dispose of any property of a participant without a written authorization from the participant or his or her legally authorized representative, except in accordance with 105 CMR 158.039(M)(8). The Program Director may require that valuables be excluded or removed from the premises, when necessary, for the protection of those valuables and to avoid unreasonable responsibility.Adopted by Mass Register Issue 1277, eff. 1/2/2015.