(a)

1. (1) Each adult day care must post the Clients’ Bill of Rights, as provided by the Department of Human Services, in a prominent place in the facility.
2. (2) The Clients’ Bill of Rights must prominently display the toll-free number for contacting the Office of Long-Term Care and filing a complaint, or the facility must post the number and its purpose beside the Clients’ Bill of Rights.
3. (3) Further, the facility shall prominently display the contact information for the State Ombudsman’s office.
4. (4) A copy of the Clients’ Bill of Rights must be given to each client in a manner and form comprehendible to the client or his or her responsible party.

(b)

1. (1) A client has all the rights, benefits, responsibilities, and privileges granted by the constitution and laws and rules of this state and the United States except where lawfully restricted.
2. (2) The client has the right to be free of interference, coercion, discrimination, or reprisal in exercising these civil rights.

(c) In addition to the provisions of subsections (a) and (b) of this section, each client in the adult day care has the right to, and the facility shall ensure that clients shall:

1. (1) Be free from physical or mental abuse, including corporal punishment;
2. (2) Be permitted to participate in activities of social, religious, or community groups unless the participation interferes with the rights of others;
3. (3) Be provided a schedule of individual and group activities appropriate to individual client’s needs, interests, and wishes;

4. (4) Be, at a minimum, provided:

   1. (A) In-house activities and programs, the character and scope of which shall be disclosed to potential clients or their responsible parties in writing as part of the application process; and
   2. (B) Group recreation and socialization;

5. (5)

   1. (A) Not be prevented in any way from the practice of the religion of the client’s choice.
   2. (B) The adult day care facility shall not be expected to participate or facilitate the practice of religion beyond arranging or coordinating transportation to the extent possible;

6. (6)

   1. (A) Be treated with respect, kindness, consideration, and recognition of his or her dignity and individuality, without regard to:

(i) Race;

1. (ii) Religion;

   1. (iii) National origin;

      1. (iv) Gender;
      2. (v) Age;
      3. (vi) Disability;
      4. (vii) Marital status;
      5. (viii) Sexual orientation; or
      6. (ix) Source of payment.

   2. (B) This means that the client:

      1. (i) Has the right to make his or her own choices regarding personal affairs, care, benefits, and services; and
      2. (ii) Has the right to be free from abuse, neglect, and exploitation;
2. (7) Be provided a safe and appropriate environment;
3. (8) Not be confined to his or her chair;
4. (9) Not be prohibited from communicating in his or her native language with other clients or personnel/staff/employees;

5. (10)

   1. (A) Be permitted to complain about the client’s care or treatment.
   2. (B) The complaint may be made anonymously or communicated by a person designated by the client.
   3. (C) The provider must promptly respond to resolve the complaint.
   4. (D) The provider must not discriminate or take any punitive, retaliatory, or adverse action whatsoever against a client who makes a complaint or causes a complaint to be made;

6. (11) Be allowed communication, including personal visitation with any person of the client’s choice, including:

   1. (A) Family members;
   2. (B) Representatives of advocacy groups; and
   3. (C) Community service organizations;

7. (12)

   1. (A) Be allowed access to the client’s records.
   2. (B) Client records are confidential and may not be released without the client’s or his or her responsible party’s consent unless the release without consent is required by law;
8. (13) Have the right and be allowed to choose and retain a personal physician or advance practice nurse;
9. (14) Participate in the development of the individual care that describes the client’s direct care services and how the needs will be met;

10. (15) Be given the opportunity to refuse medical treatment or services after the client or his or her responsible party:

    1. (A) Is advised by the person providing services of the possible consequences of refusing treatment or services; and
    2. (B) Acknowledges that he or she understands the consequences of refusing treatment or services;
11. (16) Be allowed unaccompanied access to a telephone;

12. (17)

    1. (A) Have privacy while attending to personal needs and a private place for receiving visitors or associating with other clients, unless providing privacy would infringe on the rights of other clients.

    2. (B) The right applies to:

       1. (i) Medical treatment;
       2. (ii) Toileting and bathing;
       3. (iii) Written communications;
       4. (iv) Telephone conversations; and
       5. (v) Meeting with family;
13. (18) Be allowed to determine his or her dress, hairstyle, or other personal appearance according to individual preference, except the client has the responsibility to maintain personal hygiene;
14. (19) Be allowed to refuse to perform services for the facility;
15. (20) Clients are discharged or transferred in conformity with Arkansas Code § 20-10-1005 and the provisions governing transfer and discharge in this part;
16. (21) Be allowed to immediately leave the adult day care facility, either temporarily or permanently, subject to contractual or financial obligations as specified in 20 CAR § 408-401(b) and (c);
17. (22) Have access to the services of a representative of the State Long-Term Care Ombudsman Program of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services;
18. (23) Be allowed to maintain an advance directive or designate a guardian in advance of need to make decisions regarding the client’s health care should the client become incapacitated; and
19. (24) Receive reimbursement from the facility for any lost, misappropriated, or destroyed property or funds when the loss, misappropriation, or destruction occurs at a time in which the facility was exercising care or control over the funds or properties, including loss or destruction of client’s property that occurs during laundering or cleaning of the facility, or the client’s property, excluding normal wear and tear.