Possession
John won't get up for work on time because he stays in bed to listen to his radio. Staff get radio from his room before he wakes up and locks it in the storage closet
What is the right to wear one's own clothes and to keep and use one's personal possessions.
Section 630.110, RSMo – Patient’s Rights and Limitations
John's support team think John is doing well at the workshop and discourage him from applying at McDonald's because they do not have staff available to pick him up.
Right- Individuals are provided opportunities to seek employment and work in competitive integrated settings. Centers for Medicare and Medicaid Services 42 CFR Part 441.725.
John has a doctors order for 2000 cal a day diet.
Staff measures meals so what they offer John does not go over 2000 cal. John can choose to eat the food that staff offer or make his own meals.
No Rights limitations.
A video camera is being placed in John's room so that staff can ensure he does not fall when getting out of bed.
Ensure an individual’s rights of privacy, dignity, respect, and freedom from coercion and restraint.42 CFR 441.301(c)(4)(iii)
John is given a PRN for anxiety and it results in John falling asleep
Right :
To have freedom of movement, free from environmental barriers such as alarms, locks, restraints, etc. 9CSR 45-5.010 (3) (C) (2) (E)
Individuals have freedom of movement. 9CSR 45-5.010 (3) (C) (2)(E)
Protects your freedoms of speech, religion, assembly and petition
What is the First (1st) Amendment?
If Joe goes out the door and staff do nothing.
No rights limitation
John has a behavior support plan which indicates that he will be rewarded a with $1.00 after taking a shower in the evening.
To wear one’s own clothes and to keep and use Section 630.110, RSMo – Patient’s Rights and Limitations one’s personal possessions;
A person has the rights to control their personal resources. 42 C.F.R. § 441.301(c)(4)
Money cannot be taken away and earned back through a reward system in a behavior plan, unless the participant and payee or guardian control the rules and the participant can access the money outside of their reward system as needed.
Agency ABC has arranged for a pastor from a local church comes to the group home to provide church services for the individuals who reside there. All individuals are taken to the living room for the services.
Right To choose where to go to church or place of worship, or to refuse to go to a church or place of worship;
9 CSR 45-3.030 – Individual
Mary has a Doctors order for a 2000 calorie a day diet. Staff only provide Mary food during the day that equals 2000 calories and all other food is locked in the garage refrigerator. Staff are the only ones that have a key.
Right
Individuals have the freedom and support to control their own schedules and activities, and have access to food at any time. 42 CFR 441.301(c)(4)(vi)(C)
A person has the rights to control their personal resources. 42 C.F.R. § 441.301(c)(4
John live in a provider-owned or controlled facility, his bedroom door does not have a lock on it.
Under the new federal rules, bedrooms in provider-owned or controlled facilities must have doors with locks.
If this must be modified or restricted, then the 8 criteria listed in the rule [42 C.F.R. § 441.301(c)(2)(xiii)(A) through (H)] must be met in the plan of care
Larry is upset and getting ready to go to work. Staff give Larry his PRN medication for a mental health condition. Larry goes to work, has a great day and gets a raise
No Rights Limitations
All individuals receiving services from home ABC must be at the day program from 9am-3pm each day.
The right To accept or decline supports and services;
9 CSR 45-3.030 – Individual Rights
All meals are schedule at the same time every day in Mary's home. Breakfast is at 8am, Lunch at 12n, and Super at 5pm. if Mary does not eat within the hour of the scheduled time she can have a small snack until the next meal is served.
Individuals have the freedom and support to control their own schedules and activities, and have access to food at any time. 42 CFR 441.301(c)(4)(vi)(C)
To receive visitors of one’s own choosing at reasonable times;
Section 630.110, RSMo – Patient’s Rights and Limitations
John is 25 years old and receives services from DMH.
John does not have a legal guardian
Adults who do not have a legal guardian have the right to designate a representative to act on one’s behalf for purposes of receiving services from the Division of DD.
9 CSR 45-3.030 – Individual Rights
John has been told that he will be getting a new roommate in two weeks. John does not know who his roommate will be.
Right- Within one’s financial means, to have a choice where to live and whether or not to share a home with other people;
9 CSR 45-3.030 – Individual Rights