Section R9-10-1110. Participant Rights

A.      An administrator shall ensure that:

1.        The requirements in subsection (B) and the participant rights in subsection (C) are conspicuously posted on the premises;

2.        At the time of enrollment, a participant or the partici- pant’s representative receives a written copy of the requirements in subsection (B) and the participant rights in subsection (C); and

3.        Policies and procedures include:

a.         How and when a participant or the participant’s rep- resentative is informed of participant rights in sub- section (C), and

b.        Where participant rights are posted as required in subsection (A)(1).

B.       An administrator shall ensure that:

1.        A participant is treated with dignity, respect, and consid- eration;

2.        A participant is not subjected to:

a.         Abuse;

b.        Neglect;

c.         Exploitation;

d.        Coercion;

e.         Manipulation;

f.         Sexual abuse;

g.        Sexual assault;

h.        Seclusion;

i.         Restraint;

j.         Retaliation for submitting a complaint to the Depart- ment or another entity; or

k.        Misappropriation of personal and private property by the adult day health care facility’s personnel members, employees, volunteers, or students; and

3.        A participant or the participant’s representative:

a.         Except in an emergency, either consents to or refuses treatment;

b.        May refuse or withdraw consent for treatment before treatment is initiated;

c.         Except in an emergency, is informed of proposed alternatives to the treatment, associated risks, and possible complications;

d.        Is informed of the following:

i.         The policy on health care directives,

ii.        The participant complaint process,

iii.      Rates and charges for participating at the adult day health care facility, and

iv.       The process for contacting the local office of Adult Protective Services;

e.         Consents to photographs of the participant before the participant is photographed, except that a partici- pant may be photographed when enrolled at an adult day health care facility for identification and admin- istrative purposes; and

f.         Except as otherwise permitted by law, provides writ- ten consent to the release of information in the par- ticipant’s:

i.         Medical record, or

ii.        Financial records.

C.      A participant has the following rights:

1.        Not to be discriminated against based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, or diagnosis;

2.        To receive treatment that supports and respects the partic- ipant’s individuality, choices, strengths, and abilities;

3.        To communicate, associate, and meet privately with indi- viduals of the participant’s choice;

4.        To have access to a telephone, to make and receive calls, and to send and receive correspondence without intercep- tion or interference by the adult day health care facility;

5.        To arrive and depart from the adult day health care facil- ity, consistent with the participant’s care plan and per- sonal safety;

6.        To receive privacy in treatment and care for personal needs;

7.        To review, upon written request, the participant’s own records;

8.        To receive a referral to another health care institution if the adult day health care facility is not authorized or not able to provide physical health services or behavioral health services needed by the participant;

9.        To participate or have the participant’s representative par- ticipate in the development of a care plan or decisions concerning treatment;

10.     To participate or refuse to participate in research or experimental treatment; and

11.     To receive assistance from a family member, the partici- pant’s representative, or other individual in understand- ing, protecting, or exercising the participant’s rights.

Historical Note

New Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Section R9-10-1110 renumbered to Section R9-10-1111; new Section R9-10-1110 renumbered from Section R9-10- 1109 and amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July

1, 2014 (Supp. 14-2).