Haw. Code R. § 11-148.1-41

Current through November, 2024

Section 11-148.1-41 - Rights of the adult with I/DD

The certified caregiver shall ensure that each adult with I/DD:

(1) Has the right to privacy, dignity, and respect, and freedom from coercion and restraint;

(2) Is treated with understanding, respect, dignity and individuality, including privacy in treatment and in caring for the personal needs of the adult with I/DD;

(3) Be free from abuse, neglect, humiliation, harassment, and any action that would endanger the physical or emotional well-being of the adult with I/DD;

(4) Has personal and medical records kept confidential and subject to release only as provided in this chapter;

(5) Not be required to perform services for the adult foster home unless agreed to by the adult with I/DD or guardian and documented in the individualized service plan;

(6) Has the freedom and support to control their own schedule and activities;

(7) Has a setting that is integrated in and supports full access to community, including opportunities to seek employment and work in integrated settings, engage in community life, control personal resources and receive services in the community to the same degree of access as individuals not receiving medicaid home and community based services;

(8) Has the right to select their residential setting from among setting options, including non-disability specific settings and a private unit in a residential setting;

(9) Retain and use personal clothing and possessions;

(10) Be assured of privacy for visits by family and friends;

(11) Has the right to suitable locked storage space;

(12) Be encouraged and assisted in exercising the right to voice grievances or recommend changes in services;

(13) Be encouraged to optimize, but not regiment individual initiative, autonomy, and independence in making life choices, including but not limited to daily activities, physical environment, and with whom to interact; and

(14) Has these rights explained to them or their guardian, if one is appointed, and a signed acknowledgment shall be kept in the adult with I/DD's record.

Haw. Code R. § 11-148.1-41

[Eff 8/2/2021] (Auth: HRS §§ 321-9, 321-11.2) (Imp: HRS §§ 321-11.2, 321-.15.6, 622-57; 42 C.F.R. § 441.301)