Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

55 Pa. Code § 5230.41. PRS statement of rights.

RIGHTS


§ 5230.41. PRS statement of rights.

 (a)  An individual has the right to be treated with dignity and respect and to be free from physical and mental harm.

 (b)  An individual has the right to receive PRS in a culturally respectful and nondiscriminatory environment.

 (c)  An individual has the right to receive PRS in the least restrictive setting that fosters recovery and promotes growth.

 (d)  An individual has the right to access competent, timely and quality service to assist with fulfillment of a goal.

 (e)  An individual has the right to express a goal which is individualized and reflects informed choice concerning selection, direction or termination of service and service plan.

 (f)  An individual has the right to choose a service based on individual need, choice and acceptance and not dependent on compliance or participation with another treatment or rehabilitation service.

 (g)  An individual has the right to keep and use personal possessions in a manner that is reasonable to the service and location. Any necessary limitations shall be clearly communicated and defined, universally applied and documented.

 (h)  An individual has the right to offer an opinion and belief.

 (i)  An individual has the right to file a complaint related to PRS and to have the complaint addressed.

 (j)  An individual has the right to have the assistance of a personally chosen representative or advocate in expressing a complaint.

 (k)  An individual has the right to be able to contribute to, have access to, and control release of the individual record.

 (l)  An individual has the right to have information and records concerning service treated in a confidential manner, as required under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191, 110 Stat. 1936).

 (m)  A PRS agency shall:

   (1)  Assure compliance with the PRS statement of rights.

   (2)  Develop and implement a written procedure for assuring compliance with the PRS statement of rights.

   (3)  Post the PRS statement of rights within the PRS facility.

   (4)  Notify an individual verbally and in writing and include a signed acknowledgement of rights in the individual record.

   (5)  Develop the IRP in compliance with individual rights.

Cross References

   This section cited in 55 Pa. Code §  5230.13 (relating to agency records); and 55 Pa. Code §  5230.21 (relating to content of individual record).



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