16 Del. Admin. Code § 3305-III-11.0

Current through Register Vol. 28, No. 3, September 1, 2024

Section 3305-III-11.0 - Resident Rights and Responsibilities

11.1 Consistent with Section 4.3.1, residents may solicit, and the service provider shall consider, resident requests for reasonable accommodation based on disability. Residents should review their admissions agreements and shall have an opportunity to accept or reject admission to the group home program prior to enrollment.

11.2 Residents shall be kept informed through written guidelines and documentation in their clinical records of their rights and responsibilities contained in written policies and procedures including reference to:

11.2.1 Behavioral expectations and limitations including:

11.2.1.1 Prohibition against the use of alcohol or other drugs other than those prescribed by their physicians;

11.2.1.2 Respect for privacy rights of fellow residents and others and respect for laws regarding conduct outside the group home; and

11.2.1.3 Cooperation with treatment;

11.2.2 Confidentiality; and

11.2.3 All applicable appeal processes.

11.3 Each service provider shall maintain a fair, timely, and impartial grievance system, whose operational standards may be prescribed by the Department, to address resident complaints. The availability of such system shall not preclude or diminish a resident's right to pursue remedies in alternate forums, including those authorized by 16Del.C., §§ 1121, 1125, and 1152.

11.4 Subject to16Del.C., § 1121, the service provider shall adopt reasonable program or house rules which promote resident safety and responsibility without unnecessarily compromising individual self- determination and choice. On a case-by-case basis, a resident's treatment team may authorize a variance from application of such rules (e.g. during transition to and from the residence). Any variance that restricts personal activities within the general scope of adult discretion shall be based on clinical necessity and the specific rationale included in the resident's treatment plan.

11.5 The service provider shall comply with all applicable state laws, regulations, and policies regarding reporting and responding to allegations of abuse and neglect.

11.6 The service provider shall comply with the applicable posting and disclosure requirements of 16Del.C., § 1108.

11.7 The service provider shall comply with the Patient's Bill of Rights set forth in 16Del.C., § 1121. A copy of the Patient's Bill of Rights shall be conspicuously posted within the home.

16 Del. Admin. Code § 3305-III-11.0