| 6400.34(a) | Individual #1 was informed and explained individual rights on 9/29/2020. The rights document did not include the following rights: 6400.32e, the right to make choices and accept risks; 6400.32f, to refuse to participate in activities and services; 6400.32g, to control his own schedule and activities; 6400.32h, to control his own schedule and activities; 6400.32p, the right to choose persons with whom to share a bedroom; 6400.32q, to furnish and decorate the Individual's bedroom and the common areas of the home; 6400.32t, to access food at any time; 6400.32u, to make health care decisions; 6400.32v, right may only be modified accordance with 6400.185. | The home shall inform and explain individual rights and the process to report a rights violation to the individual, and persons designated by the individual, upon admission to the home and annually thereafter. | Effective February 26, 2021, EHC revised the "Rights of the Individual" to include:
(e) An individual has the right to make choices and accept risks;
(f) An individual has the right to refuse to participate in activities and services;
(g) An individual has the right to control the individual's own schedule and activities;
(h) An individual has the right to privacy of person and possessions;
(p) An individual has the right to choose persons with whom to share a bedroom;
(q) An individual has the right to furnish and decorate the individual's bedroom and the common areas of the home (relating to negotiation of choices);
(t) An individual has the right to access food at any time;
(u) An individual has the right to make health care decisions;
and
(v) An individual's rights may only be modified (relating to content of the individual plan) to the extent necessary to mitigate a significant health and safety risk to the individual or others.
EHC has developed and implemented a plan to remain compliant regarding Department policy and procedure updates, compliance with Chapter 6400 and agency bulletins as of February 26, 2021. As of March 1, 2021, EHC trained the administrative and designated EHC staff to review Department policies and bulletins on a monthly basis.
As of February 26, 2021, EHC informed and explained individual rights and the process to report a rights violation to the individual, and persons designated by the individual. Annually these rights will be reviewed with individuals residing in EHC's community homes.
Effective immediately, EHC will ensure all program specialists (or designated EHC staff) are trained to the requirements regarding all elements of individual rights. The program specialist or (designated EHC staff) will ensure procedures regarding this regulation are implemented in compliance with Chapter 6400.
Effective immediately, the program director will monitor the program specialist (or designated EHC staff) to ensure that all individuals in the home have been informed and explained all elements of their individual rights, to include persons designated by the individual upon admission and annually.
Effective immediately, the program director, in conjunction with EHC administrative staff, will conduct quarterly reviews to report compliance with this regulation on the QMP quarterly reports. Effective immediately, EHC will ensure the policy is reviewed annually. |
02/26/2021
| Implemented |