Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 30. Department For Aging And Rehabilitative Services
Chapter 120. Adult Services Approved Providers

22VAC30-120-150. Rights of adults receiving care.

A. Adults receiving care from local department-approved providers shall have the rights specified in this section. The provisions of this section shall not be construed to restrict or abridge any right that any adult has under the law. The provider shall ensure that adults or the adult's responsible person are aware of and understand the rights described in subsection B of this section. The adult and, if appropriate, the adult's responsible person shall acknowledge in writing receipt of this information, which shall be filed in the adult's record.

B. Adults receiving care from local department-approved providers shall have the right:

1. To be fully informed, prior to the beginning of the provision of services, (i) of the adult receiving care's rights and of all rules and expectations governing the adult receiving care's conduct and responsibilities and (ii) charges, if any, for the services to be provided;

2. To be free from adult abuse, neglect, and exploitation; to be free from forced isolation, threats, or other degrading or demeaning acts against the adult receiving care; and to be treated with courtesy, respect, and consideration as a person of worth, sensitivity, and dignity;

3. To be free to voice grievances and recommend changes in policies and services without fear of reprisal;

4. To be afforded confidential treatment of the adult receiving care's records and to approve or refuse release of records to any individual except as otherwise provided in law and when services may need to be transferred to another provider;

5. To be encouraged to function at the adult receiving care's highest mental, emotional, physical, and social potential;

6. To be afforded the opportunity to participate in the planning of the adult receiving care's program of care and medical treatment and the right to refuse medical treatment unless there has been a court adjudication of incapacity;

7. To be afforded privacy including:

a. In the care of the adult receiving care's personal needs except when assistance may be needed;

b. In any medical examination or health-related consultations that the adult may have;

c. In any communications; and

d. During visitation with other persons; and

8. To be free of physical, mechanical, or chemical restraints.

C. In addition to the rights described in subsection B of this section, adults receiving care from an adult foster care provider shall have the following additional rights:

1. To be free to manage the adult receiving care's personal finances and funds, to be entitled to access personal account statements reflecting financial transactions made, and to be given at least a quarterly accounting of financial transactions made on the adult receiving care's behalf, unless a conservator has been appointed by a court to manage the adult's financial affairs;

2. To be permitted to retain and use personal clothing and possession as space permits, unless to do so would infringe upon the rights of other adults;

3. To be permitted to have guests in the adult's room or portion thereof, unless to do so would infringe upon the rights of other adults;

4. To have the adult foster care provider only enter the room after the provider makes the provider's presence known except in a case of emergency or pursuant to oversight as required in this chapter;

5. To be permitted but not required to share a room with a spouse also residing in the home;

6. To be permitted to participate in social, faith-based, and other community activities at the adult's discretion, unless contraindicated as documented by the adult's health care professional;

7. To be notified before the adult's room or roommate is changed;

8. To be free from searches of personal belongings without the adult's or the adult's responsible person's permission, unless the adult foster care provider has reason to suspect that the adult possesses items that are illegal or prohibited in the provider's home and the adult or the adult's responsible person is present during the search;

9. To be discharged only when the provider gives the adult, the adult's responsible person, and the local department that made the placement a 30-calendar-day written notice stating the reason for discharge;

10. To be afforded reasonable assistance to ensure an orderly discharge upon notice of discharge or upon the adult giving notice of the adult receiving care's desire to move; and

11. To not be required to perform services in the home except as voluntarily contracted pursuant to an agreement for the service provision that states the terms of consideration

D. The adult foster care provider shall ensure that any assistants providing care also understand and uphold the rights included in this section.

Statutory Authority

§ 51.5-131 of the Code of Virginia.

Historical Notes

Former 22VAC40-771-150, derived from Virginia Register Volume 24, Issue 2, eff. November 1, 2007; amended and renumbered as 22VAC30-120-150, Virginia Register Volume 30, Issue 1, eff. October 9, 2013; amended, Virginia Register Volume 39, Issue 19, eff. June 8, 2023.

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