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West Virginia Income Maintenance Manual Chapter 24
West Virginia Income Maintenance Manual Page 178 Chapter 24 Long Term Care
2. A mentally retarded individual participates in a behavior modification program involving use of restraints or aversive stimuli only with the informed consent of his parent or guardian. G. CONFIDENTIALITY 1. Ensure confidential treatment of all information contained in patient records including information contained in an automatic data bank; and obtain the patient's written consent for the release of information to persons not otherwise authorized under law to receive it. 2. Permit the patient access to his medical records in accord with State law. H. PRIVACY 1. Assure each patient is treated with consideration, respect, and full recognition of his/her dignity and individuality including privacy in treatment and in care for his personal needs. 2. Ensure the patient's right to communicate, associate, and meet privately with persons of choice unless to do so would infringe upon the rights of other patients, and to send and receive personal mail unopened or censored. 3. Permit access to any patient representatives of the Secretary, DOHS, or the State, officially designated Ombudsman, and the patient's attending physician, consistent with State and federal law; and permit access to any patient by the immediate family, or other relatives, subject to the patient's right to deny or withdraw consent at any time; and permit reasonable access to a patient by any entity or individual that provides social or legal services to the patient, subject to the patient's right to deny or withdraw consent at any time. 4. Ensure privacy for spousal visits, and if both are residents in the facility, they are permitted to share a room. I. RIGHTS OF INCOMPETENT PATIENTS Written policies provide that all rights and responsibilities of the patient devolve to the patient's guardian, next of kin, or sponsoring agency, where: 1. A patient is adjudicated incompetent in accordance with State law; and 2. His physician or, in the case of a mentally retarded individual, a qualified mental retardation professional has documented in the patient's record the specific impairment that has rendered the patient incapable of understanding these rights.