Title 55—PUBLIC WELFARE DEPARTMENT OF PUBLIC WELFARE [ 55 PA. CODE CH. 51 ] Participant Rights [43 Pa.B. 878]
[Saturday, February 9, 2013]Scope
This statement of policy applies to individuals and families, Administrative Entity (AE) administrators or directors, County Mental Health/Intellectual Disability Program (MH/ID) administrators and directors, supports coordination organization (SCO) directors and providers of waiver services.
Purpose
The purpose of this statement of policy is to establish participant rights under § 51.17(b) (relating to incident management).
Discussion
Chapter 51 (relating to Office of Developmental Programs home and community-based services) provides the requirements for providers in the Adult Autism, Consolidated and Person Family Directed Supports waivers. Section 51.17(b) provides that a provider shall take prompt action to protect participant health, safety and rights and that the Department will establish participant rights by Departmental guidelines. This statement of policy establishes these rights.
Effective Date
This statement of policy is effective upon publication in the Pennsylvania Bulletin.
Contact Person
Questions should be directed to the regional program manager at the appropriate regional Office of Developmental Programs (ODP) as follows. Copies of this statement of policy may be obtained at the local MH/ID County Program, AE or regional ODP in the corresponding regions:
• Western region: Piatt Place, Room 4900, 301 5th Avenue, Pittsburgh, PA 15222, (412) 565-5144
• Northeast region: Room 315, Scranton State Office Building, 100 Lackawanna Avenue, Scranton, PA 18503, (570) 963-4749
• Southeast region: 801 Market Street, Suite 5071, Philadelphia, PA 19107, (215) 560-2242 or (215) 560-2245
• Central region: Room 430, Willow Oak Building, P. O. Box 2675, DGS Annex Complex, Harrisburg, PA 17105, (717) 772-6507
GARY D. ALEXANDER,
Secretary(Editor's Note: Title 55 of the Pennsylvania Code is amended by adding a statement of policy in § 51.17a to read as set forth in Annex A.)
Fiscal Note: 14-BUL-100. No fiscal impact; (8) recommends adoption.
Annex A TITLE 55. PUBLIC WELFARE PART I. DEPARTMENT OF PUBLIC WELFARE Subpart E. HOME AND COMMUNITY-BASED SERVICES CHAPTER 51. OFFICE OF DEVELOPMENTAL PROGRAMS HOME AND COMMUNITY-BASED SERVICES Subchapter B. PROVIDER QUALIFICATIONS AND PARTICIPATION § 51.17a. Participant rights—statement of policy.
The following are the participant rights under § 51.17(b) (relating to incident management):
(1) A participant shall be treated with dignity and respect.
(2) A participant may not be discriminated against because of ethnicity, religious affiliation, disability, ancestry, national origin, age, gender or sexual orientation nor be deprived of civil or legal rights.
(3) A participant has the right to be free from abuse, neglect and exploitation and has the right to report abuse, neglect or exploitation.
(4) A participant has the right to voice complaints or concerns about treatment or services.
[Pa.B. Doc. No. 13-235. Filed for public inspection February 8, 2013, 9:00 a.m.]
