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COMAR 10.07.05.16 — Client's Rights and Responsibilities

MarylandregulationMaryland Department of Health, Office of Health Care Quality

What this rule requires your agency to do

  • 1Provide sufficient information for informed consent, including the purpose/nature of treatment, alternatives, side effects and benefits, estimated cost, and the right to withdraw and its associated risks (§G).(COMAR 10.07.05.16 — Client's Rights and Responsibilities)
  • 2Ensure staff develop and implement written policies and procedures concerning clients' rights and responsibilities, and make them available to clients or client representatives (§A, §B).(COMAR 10.07.05.16 — Client's Rights and Responsibilities)
  • 3Allow a client or authorized representative to accept or reject, without fear of retaliation, any employee, independent contractor, or contractual employee referred by the agency (§H).(COMAR 10.07.05.16 — Client's Rights and Responsibilities)
  • 4Honor the client's right to make complaints or grievances without fear of retaliation, receive a prompt response through an established grievance procedure, and access procedures for complaints to the Office of Health Care Quality and Adult/Child Protective Services (§D(2)).(COMAR 10.07.05.16 — Client's Rights and Responsibilities)
  • 5Except for durable medical equipment agencies, provide information about advance directives and the right to have one, and obtain information on the client's advance directives to determine impact on care (§E).(COMAR 10.07.05.16 — Client's Rights and Responsibilities)
  • 6Honor each client's rights: to be treated with dignity; to adequate, appropriate, and legally compliant care; to participate in the care plan; to refuse treatment after consequences are explained; to privacy; to be free from abuse, neglect, involuntary seclusion, and exploitation; and to confidentiality (§D(1)).(COMAR 10.07.05.16 — Client's Rights and Responsibilities)
  • 7Honor client-directed care: allow a cognitively capable adult client (or authorized representative) to refuse any portion of planned treatment except where medically contraindicated, and to use a noncertified individual for ADL assistance and routine treatments if the client signs a waiver of skilled services (§F).(COMAR 10.07.05.16 — Client's Rights and Responsibilities)
  • 8Provide the client or client representative with a cost estimate for requested services, a statement of costs the client is responsible for if not covered by third-party payors, itemized billing statements on request, the names of referred caregivers, the name and contact for the individual supervising the client's care, a 24/7 telephone number to contact the agency, and disclosure of any subcontractual relationships (§C).(COMAR 10.07.05.16 — Client's Rights and Responsibilities)

Applies to: personal care

Requires the agency to develop, implement, and make available written client rights-and-responsibilities policies covering cost/billing disclosures, caregiver and supervisor identification, 24/7 contact, and subcontractor disclosure; enumerates client rights (dignity, appropriate care, participation, refusal, privacy, freedom from abuse, confidentiality, grievances without retaliation); and mandates advance-directive information, honoring client-directed care, and informed consent. Framework topic: Client Rights & Grievances.

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