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LAC 48:I.5049 — Client Rights (HCBS Providers Licensing Standards)

LouisianaregulationLouisiana Department of Health· effective 2017-12-01

What this rule requires your agency to do

  • 1The provider shall allow clients to actively participate in assessment, service plan development, and discharge, and to refuse specific services or activities for which they have not consented (§I-5049.A.9-10).(LAC 48:I.5049 — Client Rights (HCBS Providers Licensing Standards))
  • 2The provider shall ensure clients retain the same constitutional and legal rights (unless adjudicated otherwise), including human dignity and impartial access to treatment regardless of race, religion, sex, ethnicity, age, or disability (§I-5049.A.1-2).(LAC 48:I.5049 — Client Rights (HCBS Providers Licensing Standards))
  • 3The provider shall ensure privacy, confidentiality, client access to records upon written consent, and a complete explanation of services including risks, benefits, and alternatives (§I-5049.A.5-8).(LAC 48:I.5049 — Client Rights (HCBS Providers Licensing Standards))
  • 4The provider shall ensure clients are free from mental, emotional and physical abuse, coercion, neglect, and all restraints, and receive services professionally, respectfully, and in the least intrusive manner (§I-5049.A.18-21).(LAC 48:I.5049 — Client Rights (HCBS Providers Licensing Standards))
  • 5The provider shall allow clients to discontinue and freely choose another provider, control their own schedules and activities, access food at any time, and have visitors of their choosing at any time (§I-5049.A.23-26).(LAC 48:I.5049 — Client Rights (HCBS Providers Licensing Standards))
  • 6The provider shall furnish its complaint/grievance procedures and allow clients to file a complaint without retribution, retaliation, or discharge (§I-5049.A.11-12).(LAC 48:I.5049 — Client Rights (HCBS Providers Licensing Standards))
  • 7The provider shall ensure cultural access (interpretive services, translated materials, native language, culturally aware staff), sign language interpretation, service animals, and mechanical aids for clients with special needs (§I-5049.A.3-4).(LAC 48:I.5049 — Client Rights (HCBS Providers Licensing Standards))
  • 8The provider shall assist in obtaining an independent advocate when the client's rights may be in jeopardy, in conflict with the provider, or upon client request, and shall inform the client, family, and legal guardian of these rights verbally and in writing in an understood language (§I-5049.B, D).(LAC 48:I.5049 — Client Rights (HCBS Providers Licensing Standards))

Applies to: personal care

Enumerates the rights of clients served by Home and Community-Based Services providers (including personal care attendant agencies) — dignity, non-discrimination, privacy, confidentiality, participation in service planning, freedom from abuse and restraints, grievances without retaliation, free choice of provider, and control of their own schedules — and requires the provider to inform the client (verbally and in writing, in an understood language) of these rights and to assist in obtaining an independent advocate. Fills the framework gap for client rights for personal care.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.