An Oregon Provider Organization for Persons with Developmental Disabilities

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Section 5H

Customer Rights

The Company will ensure that each customer’s individual rights (OAR 411.318) are well-respected and that our services reflect the principles of self-determination. The Company believes in the core principles of Self-Determination and will strive to provide services in accordance to these principles. As defined in the Oregon Administrative Rules, these principles are:

Freedom

The ability for an individual with a developmental disability, together with freely chosen family and friends, to plan a life with necessary support services rather than purchasing a predefined program.

Freedom from seclusion, unauthorized training or treatment, and personal, chemical, and mechanical restraints unless an imminent risk of physical harm to the individual or others exists and only for as long as the imminent risk continues.

Authority

The ability for an individual with a developmental disability, with the help of a social support network if needed, to control a certain sum of resources in order to purchase support services.

Autonomy

The arranging of resources and personnel, both formal and informal, that shall assist an individual with a developmental disability to live a life in the community rich in community affiliations and free from restraint. This includes access to free and appropriate public education for individuals under the age of 21 as well as the right to refuse to attend. Individuals may not be required to perform labor, except personal housekeeping duties, without reasonable and lawful compensation.

Responsibility

The acceptance of a valued role in an individual’s community through competitive employment, organizational affiliations, personal development, and general caring for others in the community, as well as accountability for spending public dollars in ways that are life-enhancing for individuals with developmental disabilities. On a practical level, the implementation of services founded on the principles of Self-Determination will:

    • Ensure that customer’s receive services only after informed consent is provided by The Company to the customer as to how services are delivered. Such consent will be delivered in written form and the customer may request any clarifications in writing. All consent by customer is voluntary.
    • Ensure that each participant’s services are individually structured to meet their unique needs.
    • Ensure that each participant has the maximum control possible over which staff provides their services.
    • Ensure that all customers have opportunity to help structure staff training and evaluation.
    • Ensure that services are designed to teach skills needed to successfully live a personally fulfilling life in the community.
    • Ensure that services do the utmost to make certain the health and safety of each individual.
    • Ensure that services are provided in a manner that is free from abuse and neglect, including financial exploitation.
    • Ensure that in the abuse and neglect reporting by customers and employees is free of retaliation.

Additional Rights

The Company supports, in principle, all rights as outlined in OAR 411-318 whether or not the Company directly provides supports related to the right as described. Where the Company provides supports outlined in the rule, all such individual rights will be upheld by the Company and its employees.

These rights are:

    • The right to be assured that medication is administered only for the clinical needs of the individual as indicated by a health care provider, unless an imminent risk of physical harm to the individual or others exists and only for as long as the imminent risk continues. Be assured that medication is administered only for the clinical needs of the individual as indicated by a health care provider, unless an imminent risk of physical harm to the individual or others exists and only for as long as the imminent risk continues.
    • The right to food, housing, clothing, medical and health care, supportive services, and training.
    • The right to seek a meaningful life by choosing from available services and enjoying the benefits of community involvement and community integration in a manner that is most integrated, considering the preferences and age of the individual.
    • The right to an individualized written plan for services created through a person-centered planning process, services based upon the plan, and periodic review and reassessment of service needs.
    • The right to ongoing participation in the planning of services, including the right to participate in the development and periodic revision of the plan for services, the right to be provided with an explanation of all service considerations in a manner that ensures meaningful individual participation, and the right to invite others chosen by the individual to participate in the plan for services.
    • The right to request a change in the plan for services and a reassessment of service needs.
    • The right to a timely decision upon request for a change in the plan for services and a reassessment of service needs.
    • The right to not be involuntarily terminated or transferred from services without prior notice, notification of available sources of necessary continued services, and exercise of a complaint procedure.
    • The right to advance written notice of any action that terminates, suspends, reduces, or denies a service or request for service, notification of available sources of necessary continued services, and a hearing to challenge an action that terminates, suspends, reduces, or denies a service or request for service.
    • The right to be informed at the start of services and annually thereafter of the rights guaranteed by this rule, the contact information for the protection and advocacy system described in ORS 192.517(1), and the procedures for filing complaints, reviews, hearings, or appeals if services have been or are proposed to be terminated, suspended, reduced, or denied.
    • The right to be encouraged and assisted in exercising all legal, civil, and human rights.
    • The right to receive services in the least restrictive environment possible.
    • The right to exercise all rights set forth in ORS 426.385 and 427.031 if the individual is committed to the Department.
    • The right to be informed of and have the opportunity to assert complaints as described in OAR 411-318-0015 with respect to infringement of the rights described in this rule, including the right to have such complaints considered in a fair, timely, and impartial complaint procedure without any form of retaliation or punishment.
    • The right to freedom to exercise all rights described in the Oregon Administrative rule without any form of reprisal or punishment.
    • The right to be informed that a family member has contacted the Department to determine the location of the individual, and to be informed of the name and contact information of the family member, if known, as provided under ORS 430.212 and OAR 411-320-0090.
    • The right to control one’s own personal property.

The individual rights described above apply to all individuals’ eligible for or receiving a developmental disabilities service. A parent or guardian may place reasonable limitations on the rights of a child.

In addition to the rights described above, individuals receiving home and community-based services in residential and non-residential home and community-based settings have the right to home and community-based settings with the qualities described in OAR 411-004-0020(1). However, the company does not offer residential services.

In addition to the rights described above, individuals receiving home and community-based services in provider owned, controlled, or operated residential settings have the right to provider owned, controlled, or operated residential settings with the qualities described in OAR 411-004-0020(2). However, as above, the company does not offer residential services.

    • For children under the age of 18, enrolled in or utilizing home and community-based services, and residing in provider owned, controlled, or operated residential settings, the qualities described in OAR 411-004-0020(2) apply in the context of addressing any limitations beyond what are typical health and safety precautions or discretions utilized for children of the same age without disabilities.(b) Health and safety precautions or discretions utilized for children under the age of 18, enrolled in or utilizing home and community-based services, and residing in provider owned, controlled, or operated residential settings, must be addressed through a person-centered service planning process and documented in the ISP for the child.(c) Limitations that deviate from and are more restrictive than what is typical for children of the same age without disabilities must comply with OAR 411-004-0040.

The rights described herein are in addition to, and do not limit, all other statutory and constitutional rights that are afforded all citizens including, but not limited to, the right to exercise religious freedom, vote, marry, have or not have children, own and dispose of property, and enter into contracts and execute documents.

The rights described herein may be asserted and exercised by an individual, the legal representative of an individual, and any representative designated by an individual.

Nothing in this section may be construed to alter any legal rights and responsibilities between a parent and child.

Where our customer may have a guardian is appointed, a guardian for an adult only as is necessary to promote and protect the well-being of the adult. A guardianship for an adult must be designed to encourage the development of maximum self-reliance and independence of the adult, and may be ordered only to the extent necessitated by the actual mental and physical limitations of the adult. An adult for whom a guardian has been appointed is not presumed to be incompetent. An adult with a guardian retains all legal and civil rights provided by law, except those that have been expressly limited by court order or specifically granted to the guardian by the court. Rights retained by an adult include, but are not limited to, the right to contact and retain counsel and to have access to personal records. (ORS 125.300).

Limitation of Services Offered

    • Regarding these rights, the Company does not accept service agreements that include providing medical treatment to customers. At most, The Company assists customers in understanding physicians’ written instructions and the customer follows those instructions by the customer’s willingness to do so.
    • The Company does not provided experimental programs. All services are evidence-based and usual for types of services provided.

Annual Rights

Upon entry into the company’s program and request and annually thereafter, the individual rights described in OAR 411-318-0010 will be provided to an individual and their legal or designated representative.

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