PURPOSE: This rule establishes certain rights of participants in adult day care programs and requires providers to have written program policies.

1. (1) Each participant of the adult day care program shall be assured of the following rights:

   1. (A) To be treated as an adult, with respect and dignity regardless of race, color, sex or creed;
   2. (B) To participate in a program of services and activities which promote positive attitudes regarding one’s usefulness and capabilities;
   3. (C) To participate in a program of services designed to encourage learning, growth and awareness of constructive ways to develop one’s interests and talents;
   4. (D) To maintain one’s independence to the extent that conditions and circumstances permit, and to be involved in a program of services designed to promote personal independence;
   5. (E) To be encouraged to attain self-determination within the adult day care setting, including the opportunity to participate in developing one’s plan for services; to decide whether or not to participate in any given activity and to be involved in the extent possible in program planning and operation;
   6. (F) To be cared about in an atmosphere of sincere interest and concern in which needed support and services are provided;
   7. (G) To have access to a telephone to make or receive calls, unless necessary restrictions are indicated in the individual care plan;
   8. (H) To have privacy and confidentiality;
   9. (I) To be free of mental or physical abuse;
   10. (J) To be free to choose whether or not to perform services for the facility;
   11. (K) To be free of restraint, unless under physician’s order as indicated in individual care plan; and
   12. (L) To be free of interference, coercion, discrimination or reprisal.
2. (2) Participants and their families shall be advised of participants’ rights and program policies upon admission to the adult day care program.
3. (3) Participants’ rights shall be posted in a conspicuous location in the adult day care program facility.
4. (4) The adult day care provider shall have a written program description, copies of which are available to the division, participants, families and other interested agencies and individuals. The document shall describe at least—administrative organization, including role of the advisory committee if applicable; maximum number of participants that can be served; types of participants that shall and shall not be admitted; days of the week and hours of operation; services available to participants and families; procedures/requirements for admission; emergency arrangements for participants; criteria and procedure for discontinuing service to a participant; participant/family procedure for resolving grievances and confidentiality of participant information and records.

AUTHORITY: sections 660.050, RSMo Supp. 1992 and 660.418, RSMo 1986.* This rule originally filed as 13 CSR 15-8.030. Original rule filed Oct. 15, 1984, effective Jan. 11, 1985. Moved to 19 CSR 30-90.030, effective Aug. 28, 2001. *Original authority: 660.050, RSMo 1984, amended 1988, 1992 and 660.418, RSMo 1984.