Section 22-A6319. CLIENT RIGHTS AND PRIVILEGES, INCLUDING GRIEVANCES

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6319  CLIENT RIGHTS AND PRIVILEGES, INCLUDING GRIEVANCES 

 

6319.1  A program shall protect the following rights and privileges of each client: 

 

(a) Right to be admitted and receive services in accordance with the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Code §§ 2501 et seq.);

 

(b) Right to make choices regarding provider, treatment, medication, and advance directives, when necessary;

 

(c) Right to receive prompt evaluation, care, and treatment, in accordance with the highest quality standards;

 

(d) Right to receive services and live in healthy, safe, and clean place;

 

(e) Right to be evaluated and cared for in the least restrictive and most integrated environment appropriate to an individual’s needs;

 

(f) Right to participate in the treatment planning process, including decisions concerning treatment, care, and other servicers, and to receive a copy of the treatment plan;

 

(g) Right to have records kept confidential;

 

(h) Right to privacy;

 

(i) Right to be treated with respect and dignity in a humane treatment environment;

 

(j) Right to be safe from harm and from verbal, physical, or psychological abuse;

 

(k) Right to be free of discrimination;

 

(l) Right to be paid commensurate wages for work performed in compliance with applicable local or federal requirements;

 

(m) Right to own personal belongings;

 

(n) Right to refuse treatment and/or medication;

 

(o) Right to give, not give, or revoke already-given consent to treatment, supports and/or release of information;

 

(p) Right to give, not give, or revoke informed, voluntary, written consent to participate in experimentation of the client or a person legally authorized to act on behalf of the client; the right to protection associated with such participation; and the right and opportunity to revoke such consent;

 

(q) Right to be informed, in advance, of charges for services;

 

(r) Right to be afforded the same legal rights and responsibilities as any other citizen, unless otherwise stated by law;

 

(s) Right to request and receive documentation on the performance track record of a program with regard to treatment outcomes and success rates;

 

(t) Right to provide feedback on services and supports, including evaluation of providers;

 

(u) Right to assert grievances with respect to infringement of these rights, including the right to have such grievances considered in a fair, timely, and impartial manner;

 

(v) Right to receive written and oral information on client rights, privileges, program rules, and grievance procedures in a language understandable to the client;

 

(w) Right to access services that are culturally appropriate, including the use of adaptive equipment, sign language, interpreter, or translation servers, as appropriate; and

 

(x) Right to vote.

 

6319.2  As soon as clinically feasible, the limitation of a client's rights shall be terminated and all rights restored.

 

6319.3  A program shall post conspicuously a statement of client rights, program rules, and grievance procedures. The grievance procedures must inform clients that they may report any violations of their rights to the Department and shall include the telephone numbers of the Department and any other relevant agencies for the purpose of filing complaints.

 

6319.4At the time of admission to a program, staff shall explain program rules, client rights, and grievance procedures. Program staff shall document this explanation by including a form, signed by the client and witnessed by the staff person, within the client’s record. 

 

6319.5  A program shall develop and implement written grievance procedures to ensure a prompt, impartial review of any alleged or apparent incident of violation of rights or confidentiality. The procedures shall be consistent with the principles of due process and Department requirements and shall include but not be limited to:

 

(a)Reporting the allegation or incident to the Department within twenty-four (24) hours of it coming to the attention of program staff;

 

(b)The completion of the investigation of any allegation or incident within thirty (30) calendar days;

 

(c)Providing a copy of the investigation report to the Department within twenty-four (24) hours of completing the investigation of any complaint; and

 

(d)Cooperating with the Department in completion of any inquiries related to clients’ rights conducted by Department staff.

 

6319.6             Medicaid beneficiaries are entitled to Notice and Appeal rights pursuant to Section 2508 of Title 29 DCMR in cases of intended adverse action such as an action to deny, discontinue, terminate, or change the manner or form of Medicaid-funded SUD services.

 

authority

Sections 5113, 5115, 5117 and 5118 of the Department of Behavioral Health Establishment Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code §§ 7-1141.02, 7-1141-04, 7-1141.06 and 7-1141.07 (2012 Repl.)).

source

Final Rulemaking published at 62 DCR 12056 (September 4, 2015).