Individual Rights And Respect For Disabled People In HCBS
Home and community-based services (HCBS) give opportunities to Medicaid beneficiaries to receive services in their own homes or communities rather than in institutions or other isolated settings. People with physical disabilities, mental disorders, and developmental or intellectual disabilities are just a few of the numerous groups these programs serve. Respecting and upholding the individual rights of disabled individuals is important in HCBS. Disabled people have the same inherent rights as any other individual, and it is essential to recognize and honor these rights.
Meaning of Individual Rights
Disabled individuals have the same right to respect, dignity, and privacy as other citizens. Their case manager—known by different titles in certain states—ensures that they:
Enjoy privacy in their house and community, where they can spend time alone or with others.
Individuals are given respect and dignity; they act following their values, speak up for themselves, and be who they are.
Have the freedom to make decisions on their own without being coerced or forced to go against their choice.
Be free from restraint, which includes the right not to be held against their will or stopped from doing something they wish to.
People receiving HCBS can enjoy their privacy whenever they want, including personal care, communication, and enjoyment. When assistance with personal care is needed, it is provided respectfully and everyone needs to be treated with respect and dignity.
How Are Privacy and Confidentiality Maintained?
Confidential data is kept up-to-date and protected by all parties associated with HCBS to the extent required by law. Protected health information (PHI) and other sensitive personal information must be securely exchanged or shared in a way that complies with the Health Insurance Portability and Accountability Act (HIPAA).
Additionally, the application will protect the confidentiality of any encrypted emails transmitted to HCBS. Every encrypted email transmitted to the state must be sent without a "self-destruct" or expiration date.
Communication Aids for Speech Impairments
Augmentative and alternative communication (AAC) refers to methods and tools that assist people who have trouble speaking or are nonverbal in expressing themselves. AAC uses symbols, aids, techniques, and strategies to improve communication.
Some common forms are:
Sign Language
Sign language is a visual language that uses hand movements, gestures, facial expressions, and body language to convey meaning. It is primarily used by individuals who are deaf or hard of hearing as a means of communication. Sign language allows deaf and mute individuals to express themselves, understand others, and engage in conversations effectively.
It's important to note that sign language is not limited to one universal form. Different countries and regions have their own sign languages, such as American Sign Language (ASL) in the United States, British Sign Language (BSL) in the United Kingdom, and Auslan in Australia. Each sign language has its own unique grammar, vocabulary, and cultural influences.
Picture Exchange Communication System (PECS)
The Picture Exchange Communication System (PECS) is convenient and available in that it enables communication with anyone without requiring that they have any prior understanding of how it works. People with speech difficulties benefit greatly from this freedom and independence because they feel confident in their capacity to express their needs and wants to others using this simple technique.
Communication Board
A Communication Board is a simple AAC device with images of things and concepts the user wants to communicate. Users use symbols, words, drawings, photographs, and letters to assist them in conveying their messages. Communication boards are especially useful for individuals with conditions such as nonverbal autism, speech disorders, or certain physical disabilities that affect their ability to speak. They provide a visual means of communication and enable individuals to express themselves, make choices, and engage in conversations with others.
Social Stories
Social Stories were developed to help people with autism communicate, better understand others, and be safe. They are short summaries of a specific situation, event, or action that contain precise details about what to expect in that context and why. Both strategies can teach a nonverbal person how to express their ideas and thoughts and help you communicate with one.
Tips to help communicate with a nonverbal person
To let them know you are speaking to them, start every statement or conversation with their name.
Before continuing the chat, make sure they are paying attention.
Talk to them about something that interests them or what they are doing now; engage them where they are.
Speak more slowly and with fewer words.
Restate or highlight key terms.
Make sure there are breaks in the conversation so they can reflect and answer.
Instead of asking open-ended questions, limit the number of questions you ask and arrange them, so the responder has an option.
Make use of nonverbal cues (eye contact, facial expressions, body language)
Use visual aids
Aim for a calm environment to reduce sensory input and prevent sensory overload.
Be patient
Learn how they communicate
Conclusion
It is crucial to prioritize individual rights and show respect towards disabled individuals within Home and Community-Based Services (HCBS). Disabled individuals deserve to have their inherent rights recognized and honored, just like any other person. By embracing an inclusive mindset, promoting awareness, and fostering environments that respect diversity, we can create a society where the rights of disabled individuals are upheld. It is essential to provide the necessary support and accommodations that allow disabled individuals to communicate their needs, preferences, and ideas effectively.
Share this information with others to raise awareness about the importance of individual rights and respect for disabled individuals in HCBS. Educate your friends, family, and community about the rights and needs of disabled individuals.
HCBS has other Federal Settings Rules made to make the lives of individuals better in their chosen care setting. These rules are essential to know to provide the highest quality of care and support to individuals receiving HCBS.
Read more about the different HCBS rules in Ca Care Association’s Care News Section
https://www.cacareassociation.org/news-and-resources/news
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