POLICY
In compliance with applicable laws, including the federal Health Insurance Portability and Accountability Act (HIPAA), and amendments, and as provided by Oklahoma Law [OAC 450:15-3-27(c)], MCCI’s policy is to support and protect the fundamental human, civil, and constitutional rights of the individual consumer. Each person served by MCCI has the right to be treated with respect and dignity and will be provided a copy of the synopsis of the Bill of Rights detailed below under the heading Consumer Bill of Rights.
In addition to the rights set forth in this policy, all persons receiving mental health or drug or alcohol abuse services shall retain all rights, benefits and privileges guaranteed by the laws and Constitution of the State of Oklahoma, the United States of America, and this policy, except those specifically lost when an exception is specifically authorized by OAC 450: 15-3-1, by an order of a court of competent jurisdiction, or through due process of law.
PROCEDURE
All clients served by MCCI will be provided a copy of the Mental Health and Drug or Alcohol Abuse Services Consumer Bill Of Rights during the Assessment Intake process as part of the client orientation in the MCCI Client Orientation Handbook.
COMSUMER BILL OR RIGHTS (Synopsis)
Each Consumer Has The Right:
1. To be treated with respect and dignity from personnel who protect, promote and respect human dignity.
2. To retain all rights, benefits, and privileges guaranteed by law except those lost through due process of law;
3. To receive services suited to his or her condition in a safe, sanitary and humane treatment environment
regardless of race, religion, gender, ethnicity, age, degree of disability, handicapping condition or sexual
orientation.
4. No consumer shall be neglected or sexually, physically, verbally, or otherwise abused.
5. Each consumer shall be provided with prompt, competent, and appropriate treatment; and an individualized
treatment plan. A consumer shall participate in his or her treatment programs and may consent or refuse to
consent to the proposed treatment. The right to consent or refuse to consent may be abridged for those
consumers adjudged incompetent by a court of competent jurisdiction and in emergency situations as defined by
law. If the consumer permits, family shall be involved.
6. Every consumer's record shall be treated in a confidential manner within 42 CFR and HIPAA regulations.
7. No consumer shall be required to participate in any research project or medical experiment without his or her informed consent as defined by law. Refusal to participate shall not affect the services available to the consumer.
8. A consumer shall have the right to assert grievances with respect to an alleged infringement on his or her rights.
9. Each consumer has the right to request the opinion of an outside medical or psychiatric consultant at his or her own expense or a right to an internal consultation upon request at no expense.
10. No consumer shall be retaliated against or subjected to any adverse change of conditions or treatment because the consumer asserted his or her rights.
11. The consumer has the right to designate a family member or other concerned individual as a treatment advocate.
1
Comprehensive Consumer Bill of Rights adapted from OAC 450:3-1
1. To be treated with respect and dignity from personnel who protect, promote and respect human dignity.
2. The right to a safe, sanitary and humane living or treatment environment.
3. The right to a humane psychological environment that protects him/her from harm, abuse, neglect, and/or exploitation.
4. The right to receive treatment in the least restrictive environment.
5. To be provided services in an environment which provides reasonable privacy, promotes personal dignity, and provides the opportunity for improved functioning.
6. The right to receive service suited to his/her conditions and needs or appropriate referral without discrimination as to race, color, age, gender, marital status, sexual orientation, religion, spiritual values, ethnic origin, co-occurring disorder, degree of disability, handicapping condition, legal status, and/or the ability to pay for the services.
7. To never be neglected and/or sexually, physically, verbally or otherwise abused, harassed, humiliated or punished.
8. The right to be provided with prompt, competent, appropriate services and an individual treatment plan.
9. To be afforded the opportunity to participate in the treatment planning and consent, or refuse to consent to the proposed treatment unless these rights are abridged by a court on competent jurisdiction or in emergency situations as defined by law.
10. The right to permit family members or significant others to be involved in their treatment and treatment planning.
11. The right to designate a family member or other concerned individual as a treatment advocate.
12. The right to not be subjected to unnecessary, inappropriate, or unsafe termination from treatment. Discharge shall not take place as punishment for displaying symptoms of the client’s disorder.
13. The right to have their records treated in a confidential manner within 42 CFR part 2 and HIPAA regulations.
14. To have the right of privacy;
15. The right to review their records according to the policies and procedures set forth by MCCI that are in accordance with State and Federal laws including 42 CFR part 2 and HIPAA regulations.
16. The right to refuse to participate in any research project or medical experiment without specific informed consent as defined by law and that such refusal shall not affect the services available to the person served.
17. The right to voluntarily participate in work therapy and to be paid reasonable compensation for such work.
18. The right to request the opinion of an outside medical or psychiatric consultant, at the expense of the person served; and/or to request an internal facility consultation at no cost.
19. The right to assert grievances with respect to any alleged infringement of these stated rights or any other statutorily granted rights.
20. The right to never be retaliated against, or subject to any adverse conditions or treatment services solely or partially because of having asserted any of the person served rights listed in this document.
21. The right to an investigation and resolution of alleged infringement of rights;.
22. The right to have their funds managed in an ethical and appropriate manner that prohibits fiduciary abuse.
23. The right to mechanisms that will facilitate access and/or referrals to legal services, advocacy services, self-help groups, guardians and conservators.
24. The right to be informed that services can be refused and that there could be consequences to refusal of services.
25. The right to an expression of choice of release of information.
26. The right of choice of concurrent services.
27. The right of choice of composition of treatment team.
28. Access to pertinent information in sufficient time to facilitate decision making;
29. Access or referral to legal entities for appropriate representation; and,
30. Access to self-help and advocacy support services.
Loss or Restriction of or Privileges
MCCI believes that Clients Rights are non-negotiable and cannot be taken away. Privileges, however, may be lost or restricted because of violation of program rules. Other events, which may lead to the loss or restriction of privileges, are:
1. Inconsistent attendance to sessions that is not caused by health concerns.
2. Failure to actively work with counselor toward treatment of goals and objectives (consistent resistance to
services).
3. Displays of aggression or violence toward self, other clients, agency staff, or visitors.
4. Attending counseling sessions while under the influence of substances or while possessing illicit
substances.
Loss or Restriction of or Privileges - Continued
Once a minor client has lost a privilege, the parent or legal guardian is contacted and notified of the situation. This shall be documented in the client’s case file. MCCI regularly reviews and evaluates the purpose or benefit to loss or restriction of privileges and/or discharge from the program.
Means to Regain Lost or Restricted or Privileges
The client may meet with his/her counselor and the Regional Director to discuss possible reinstatement of privileges and/or readmission to counseling services. Reinstatement of privileges is done on a case-by-case basis, depending on the reason for loss of privileges. Readmission to counseling services is determined by the treatment team.
A. INFORMED CONSENT REQUIRED FOR
1. Service delivery/Treatment;
2. Release of information;
3. Concurrent services;
4. Composition of the service delivery team;
5. Follow-Up;
6. Referral;
7. Payment; and,
8. Involvement in research projects, when applicable.
May be posted:
2