Okla. Admin. Code § 340:100-6-95

Current through Vol. 42, No. 4, November 1, 2024

Section 340:100-6-95 - Resident rights and responsibilities

(a) Each resident is responsible for making a room and board payment to the group home provider in accordance with the financial agreement.

(b) Unless otherwise indicated in the resident's Individual Plan, each resident is responsible for participation in meaningful activities including employment, vocational training, or adult day services that occur outside the group home for a minimum of five hours per weekday.

(c) Each group home develops a statement of rights and responsibilities which includes, but is not limited to, each resident's right to:

(1) civil and religious liberties, including the right to independent personal decisions and knowledge of available choices that must not be infringed. The provider must encourage and assist in the exercise of these rights;

(2) private communications and consultations with the resident's physician or attorney or any other person of the resident's choice including sending and promptly receiving unopened personal mail;

(3) without fear of reprisal, present grievances and join with other residents or persons within or outside of the group home to work for improvements in resident care;

(4) manage his or her financial affairs, unless the resident delegates the responsibility in writing, to the provider. The resident must have at least a quarterly accounting of any personal financial transactions the group home provider undertakes on the resident's behalf during any period of time the resident delegates such responsibilities to the provider;

(5) receive adequate and appropriate medical care consistent with established and recognized medical practice standards within the community. Each resident:

(A) must be fully informed by the attending physician of his or her medical condition and proposed treatment in terms and language the resident understands; and

(B) has the right to refuse medication and treatment after being fully informed of, and understanding the consequences of such actions;

(6) respect and privacy in the resident's medical care program.

(A) Discussion, consultation, examination, and treatment must remain confidential and be conducted discreetly.

(B) Personal and medical records must be confidential;

(7) retain and use personal clothing and possessions, unless prohibited by law, and security in the storage and use of such clothing and possessions;

(8) be treated courteously and respectfully;

(9) be free from mental and physical abuse, and free from physical and chemical restraints, except for those physical and chemical restraints a health care professional authorizes in writing, per Oklahoma Human Services (OKDHS) rules, for a specified period of time;

(10) receive a statement of the group home provider guidelines and an explanation of the resident's responsibility to comply with all reasonable group home regulations and to respect other resident's personal rights and private property;

(11) receive a statement, when adjudicated incapacitated, stating the rights and responsibilities per this Section which must be exercised by a court-appointed guardian;

(12) privacy for conjugal visits. A resident may share a room with a spouse, when the spouse resides in the same group home;

(13) all rights specified in Oklahoma Administrative Code (OAC) 340:100-3-1.2; and

(14) not perform services for a group home provider, except for normal, shared household tasks.

(d) Upon admission of a resident and at least annually thereafter, or upon request, each resident and resident's advocate or legal guardian must be provided a copy of:

(1) the resident's rights; and

(2) procedures for grievances and appeal, per OAC 340:2-3-54.

(e) The rights enumerated in this Section may be limited for residents of an alternative group home.

(f) A service recipient has a right to visitors of his or her choosing at any time per OAC 317:40-1-3(b)(6). Any modification of a service recipient's right to visitors is permitted only when requirements per OAC 317:40-1-3(b)(8) are met.

(1) Visitors are not permitted to enter the immediate living area of any service recipient without first identifying themselves and receiving permission from the service recipient to enter.

(2) The rights of other service recipients present in the room must be respected.

(3) A service recipient may terminate a visit at any time.

(g) OAC 340:100-6-41 does not limit the power of OKDHS or any other public agency otherwise permitted or required by law to enter and inspect a group home.

Okla. Admin. Code § 340:100-6-95

Added at 12 Ok Reg 409, eff 11-17-94 (emergency); Added at 12 Ok Reg 2491, eff 6-26-95; Amended at 24 Ok Reg 1046, eff 5-11-07

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023