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What are my rights in the Home and Community-based Services (HCS) program?

Portrait of two people with special needs

Rights are certain entitlements conferred onto you by virtue of the law. At Clear Choice Assisted Living, LLC, we are  committed to protecting and promoting your rights at all times.

What are my rights?

All people have rights. Individuals with Intellectual and developmental disabilities (IDD) have the same rights all citizens have, unless a judge has taken them away. You can’t be treated differently because you have IDD. Rights are not limited without due process. Due process is an opportunity to have a hearing or review to decide if there is a good reason to limit your rights or services

Under state law, you have the following rights:

  • No one has the right to hurt you, take advantage of you, or ignore your needs.
  • To live free from abuse, neglect, or exploitation in a healthful, comfortable, and safe environment.
  • To be free from the use of seclusion; and to have a lock on the inside of the individual’s bedroom door.
  • To access public accommodations.
  • To be informed of requirements for participation.
  • To be informed about the individual’s own health, mental condition, and related progress
  • To receive visitors without prior notice to the program provider unless such rights are contraindicated by the individual’s rights or the rights of other individuals.
  • To have privacy in visitation with family and other visitors.
  • To make and receive telephone calls.
  • To send and to receive sealed and uncensored mail.
  • To attend religious activities of choice.
  • To be free from the use of unauthorized restraints.
  • To live in a normative residential living environment.
  • To access free public schooling according to the Texas Education Code.
  • To complain at any time to a staff member or service provider.
  • To participate in decisions regarding the individual’s living environment, including location, furnishings, other individuals residing in the residence, and moves to other residential locations.
  • To receive counseling concerning the use of money.
  • To access all financial records regarding the individual’s funds.
  • To have privacy during treatment and care of personal needs.
  • To have privacy during visits by his or her spouse if living apart.
  • To share a room when both the husband and wife are living in the same residence.
  • To be free from serving as a source of labor when residing with persons other than family members.
  • To communicate, associate, and meet privately with individuals of his or her choice, unless this violates the rights of another individual.
  • To participate in social, recreational, and community group activities.

To learn more about your rights, you can read my rights In a Home and Community Based Services (HCS) in Ohio.

https://imagineportal.prodapps.dodd.ohio.gov/Content/Bill%20of%20Rights.pdf

As a consumer or a recipient of Medicaid services in the State of Ohio, you are also entitled to certain benefits and right to due process. If you think those rights are wrongfully denied, you can contact you local county board of DD. Details below:

https://imagineportal.prodapps.dodd.ohio.gov/Content/Due%20Process.pdf

 

We sincerely appreciate your interest in this important Topic and hope you will share your comments with us.

 

References:

Ohio Department of Developmental Disabilities – Individual & Family Resources.

http://dodd.ohio.gov/IndividualFamilies/MyDODD/Pages/default.aspx

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