| (a) The service provider agency must assist the designated
resident or LAR in exercising the same rights and responsibilities
exercised by people without disabilities.
(b) The service provider agency must protect and promote
the following rights of the designated resident:
(1) to be informed of requirements for participation
as described in §368.601(c) of this chapter (relating to Termination
and Suspension of IHSS);
(2) to be informed of the designated resident's plan
of care and implementation plan, including any restrictions affecting
the designated resident's rights;
(3) to participate in decisions and be informed of
the reasons for decisions regarding plans for initiation, transfer,
denial, suspension, or termination of IHSS;
(4) to be informed about the designated resident's
own physical and behavioral health and related progress;
(5) to be informed of the name and qualifications of
any individual providing services for the designated resident and
to choose among various available individual service providers;
(6) to receive visitors without prior notice to the
service provider agency unless such rights are contraindicated by
the designated resident's rights or the rights of others;
(7) to have privacy in visitation with family and other
visitors;
(8) to make and receive telephone calls;
(9) to attend religious activities of choice;
(10) to participate in developing a transition plan
that addresses assistance for the designated resident after he or
she leaves the NF;
(11) to be free from the use of unauthorized restraints;
(12) to have a personalized plan of care and implementation
plan, based on individualized assessments, that meet the designated
resident's needs and abilities and enhance the designated resident's
strengths;
(13) to help decide what the implementation plan will
be;
(14) to be informed as to the progress or lack of progress
being made in the execution of the implementation plan;
(15) to complain at any time to a staff member, individual
service provider, volunteer, controlling person, ombudsman or a representative
of the designated protection and advocacy system in the state for
individuals with mental illness or individuals with IDD;
(16) to receive appropriate support and encouragement
from a staff member, individual service provider, volunteer, or controlling
person if the designated resident dislikes or disagrees with the services
being rendered or thinks that his or her rights are being violated;
(17) to be free from abuse, neglect, or exploitation;
(18) to have service providers who are responsive to
the designated resident;
(19) to have privacy during services and care of personal
needs;
(20) to communicate, associate, and meet privately
with individuals of his or her choice, unless this violates the rights
of another individual;
(21) to participate in social, recreational, and community
group activities;
(22) to have his or her LAR involved in activities,
including:
(A) being informed of all rights and responsibilities
when the designated resident is receiving IHSS from the service provider
agency, as well as any changes in rights or responsibilities before
they become effective;
(B) participating in the planning for IHSS; and
(C) advocating for all rights of the designated resident;
(23) to be informed of the designated resident's option
to transfer to other service provider agencies as chosen by the designated
resident or LAR as often as desired;
(24) to complain to HHSC when the service provider
agency's resolution of a complaint is unsatisfactory to the designated
resident or LAR, and to be informed of the HHSC Complaint and Incident
Intake telephone number to initiate complaints; and
(25) to be free from the use of seclusion.
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