Idaho Admin. Code r. 16.03.21.505

Current through September 2, 2024

Section 16.03.21.505 - PARTICIPANT RIGHTS

Each agency must ensure the rights provided under Section 66-412, Idaho Code, as well as the additional rights listed below for each participant receiving DDA services.

01.Participant Rights Provided Under Idaho Code. Provide the following rights for participants:

a. Humane care and treatment;

b. Not be put in isolation;

c. Be free of restraints, unless necessary for the safety of that individual or for the safety of others;

d. Be free of mental and physical abuse;

e. Voice grievances and recommend changes in policies or services being offered;

f. Practice their own religion;

g. Wear their own clothing and retain and use personal possessions;

h. Be informed of their medical and habilitative condition, of services available at the agency, and the charges for the services;

i. Reasonable access to all records concerning themselves;

j. Refuse services;

k. Exercise all civil and all other rights established by law, unless limited by prior court order;

l. Privacy and confidentiality;

m. Receive a response from the agency to any request made within fourteen (14) business days;

n. Receive services that enhance the participant's social image, personal competencies, and whenever possible, promote inclusion in the community;

o. Refuse to perform services for the agency. If the participant is hired to perform services for the agency the wage paid must be consistent with state and federal law; and

p. Review the results of the most recent survey conducted by the Department and the accompanying plan of correction.

02.Method of Informing Participants of Their Rights. Each agency must ensure and document that each participant receiving services is informed of their rights in the following manner:

a. Upon initiation of services, provide each participant and their parent or guardian, where applicable, with a packet of information that outlines rights, access to grievance procedures, and the names, addresses, and telephone numbers of protection and advocacy services. This packet must be written in easily understood terms.

b. When providing center-based services, prominently post a list of the rights contained in this chapter.

c. Provide each participant and their parent or guardian, where applicable, with a verbal explanation of their rights in a manner that will best promote individual understanding of these rights.

Idaho Admin. Code r. 16.03.21.505

Effective March 17, 2022