Okla. Stat. tit. 10 § 1430.20

Current through Laws 2024, c. 453.

Section 1430.20 - Statement of rights and responsibilities - Denial of appropriate care based on resident's source of payment - Staff training - Limitation of rights - Report of violations - Death of resident

A. Rules promulgated by the Director of Human Services regarding the rights and responsibilities of residents shall be available in each group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, and each resident and guardian or advocate of the resident, if any, shall be provided a copy of these rules prior to or upon admission. The provider or licensee shall ensure that the staff is familiar with and observes the rights and responsibilities enumerated in this section.

B. A statement of rights and responsibilities shall include, but not be limited to, the following:

1. Every resident's civil and religious liberties, including the right to independent personal decisions and knowledge of available choices, shall not be infringed and the provider shall encourage and assist in the exercise of these rights;

2. Every resident shall have the right to have private communications and consultations with the physician, attorney or any other person of the resident's choice, and may send and promptly receive, unopened, the resident's personal mail;

3. Every resident shall have the right, without fear of reprisal, to present grievances on behalf of the resident or others to the provider's staff or administrator, to governmental officials or to any other person, and to join with other residents or individuals within or outside of the facility to work for improvements in resident care;

4. Every resident shall have the right to manage his or her own financial affairs, unless the resident delegates the responsibility, in writing, to the provider. The resident shall have at least a quarterly accounting of any personal financial transactions undertaken in the resident's behalf by the provider during any period of time the resident has delegated such responsibilities to the provider;

5. Every resident shall have the right to receive adequate and appropriate medical care consistent with established and recognized medical practice standards within the community. Every resident shall be fully informed by the resident's attending physician of the resident's own medical condition and proposed treatment in terms and language that the resident can understand, and shall have the right to refuse medication and treatment after being fully informed of and understanding the consequences of such actions;

6. Every resident shall receive respect and privacy in the resident's medical care program. Case discussion, consultation, examination and treatment shall remain confidential and shall be conducted discreetly. Personal and medical records shall be confidential;

7. Every resident shall have the right to retain and use his or her personal clothing and possessions, unless prohibited by law, and shall have the right to security in the storage and use of such clothing and possessions;

8. Every resident shall have the right to be treated courteously and respectfully and shall be furnished by the provider with a written statement of the services and related charges;

9. Every resident shall be free from mental and physical abuse, and free from physical and chemical restraints, except those physical and chemical restraints which are authorized in writing by a physician, in accordance with rules promulgated by the Department, for a specified period of time;

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

11. Every resident shall receive a statement that should they be adjudicated incompetent, the above rights and responsibilities shall be exercised by a court-appointed guardian;

12. No resident shall be required to perform services for a provider, except for normal, shared household tasks;

13. Every resident shall have privacy for conjugal visits. A resident may share a room with a spouse, if the spouse is residing in the same group home; and

14. Every resident shall be entitled to all rights provided in OAC 340:100-3-1.2.

C. No provider shall deny appropriate care on the basis of the resident's source of payment.

D. Each provider shall provide appropriate staff training to implement each resident's rights as stated in this section.

E. The rights enumerated in subsection B of this section may be limited for residents of an alternative group home, as described in OAC 340:100-5-22.6, if the resident has been placed in the alternative group home pursuant to Section 1175.6b or Section 1175.6c of Title 22 of the Oklahoma Statutes, or if the resident has an intellectual disability and a current community protection issue, which include, but are not limited to:

1. Allegation(s), charge, or conviction of a sexual offense;

2. A history of stalking or opportunistic behavior which demonstrates a likelihood of committing a sexually violent or predatory act;

3. A pattern of violence towards others;

4. A diagnosis of an intellectual disability and mental illness with ongoing episodes that are dangerous as defined in Section 1175.1 of Title 22 of the Oklahoma Statutes; or

5. Evidence of commission of a violent crime.

F. An action may be brought against an individual by any resident who is injured by any violation of this section, or who shall suffer injury from any person whose threats would cause a violation of this section if carried through, may maintain an action to prevent, restrain or enjoin a violation or threatened violation. If a violation or threatened violation of this section shall be established in any action, the court shall enjoin and restrain or otherwise prohibit the violation or threatened violation and assess in favor of the plaintiff and against the defendant the cost of the suit, and the reasonable attorney fees incurred by the plaintiff. If damages are alleged and proved in the action, the plaintiff shall be entitled to recover from the defendant the actual damages sustained by the plaintiff. If it is proved in an action that the defendant's conduct was willful or in reckless disregard of the rights provided by this section, punitive damages may be assessed.

G. Any employee of the Department of Human Services who inspects any group home shall report any flagrant violations of Section 1430.1 et seq. of this title or any other statute to the Director of Human Services, or a designee, who shall immediately take whatever steps are necessary to correct the situation including, when appropriate, reporting the violation to the district attorney of the county in which the violation occurred.

H. Upon the death of a resident who has no sources of payment for funeral services, the provider shall immediately notify appropriate county officials who shall be responsible for funeral and burial procedures of the deceased in the same manner as with any indigent resident of the county.

Okla. Stat. tit. 10, § 1430.20

Amended by Laws 2019 , c. 475, s. 12, eff. 11/1/2019.

Added by Laws 1987, HB 1460, c. 225, § 20, emerg. eff. 7/1/1987; Amended by Laws 1994, HB 2591, c. 236, § 12, eff. 9/1/1994; Amended by Laws 1996, SB 1097, c. 155, § 20, eff. 11/1/1996; Amended by Laws 1996, HB 2964, c. 354, § 20, eff. 11/1/1996; Renumbered from 63 O.S. § 1-818.20 by Laws 1996, HB 2964, c. 354, § 56, eff. 11/1/1996; Amended by Laws 2006 , HB 2592, c. 137, §16, eff. 11/1/2006.