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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

55 Pa. Code § 6100.181. Exercise of rights.


§ 6100.181. Exercise of rights.

 (a)  An individual may not be deprived of rights as provided under § §  6100.182 and 6100.183 (relating to rights of the individual; and additional rights of the individual in a residential service location).

 (b)  The provider shall educate, assist and provide the accommodation necessary for the individual to make choices and understand the individual’s rights.

 (c)  An individual may not be reprimanded, punished or retaliated against for exercising the individual’s rights.

 (d)  A court’s written order that restricts an individual’s rights shall be followed.

 (e)  A court-appointed legal guardian may exercise rights and make decisions on behalf of an individual in accordance with the conditions of guardianship as specified in the court order.

 (f)  An individual who has a court-appointed legal guardian, or who has a court order restricting the individual’s rights, shall be involved in decision-making in accordance with the court order.

 (g)  An individual has the right to designate persons to assist in decision-making and exercising rights on behalf of the individual.

Cross References

   This section cited in 55 Pa. Code §  6100.43 (relating to regulatory waiver); 55 Pa. Code §  6100.801 (relating to agency with choice); 55 Pa. Code §  6100.804 (relating to base-funding); and 55 Pa. Code §  6100.805 (relating to vendor goods and services).

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