Section 22-A3405. CONSUMER PROTECTIONS

 

3405.1Each MHRS provider shall establish and adhere to a consumer rights policy authorized by its governing authority (Consumer Rights Policy) that complies with the requirements of 22-A DCMR § 301.1.

 

3405.2Each MHRS provider shall establish and adhere to a system for distributing the Consumer Rights Policy that complies with the requirements of 22A DCMR §301.3.

 

3405.3Each MHRS provider shall establish and adhere to a well-publicized complaint and grievance system, which includes written policies and procedures for handling consumer, family, and practitioner complaints and grievances that complies with 22-A DCMR § 306 (Complaint and Grievance Policy).

 

3405.4Each MHRS provider shall establish and adhere to policies and procedures for obtaining written informed consent to treatment from consumers (Consent to Treatment Policy), which comply with applicable federal and District laws and regulations, including 22-A DCMR Chapter 1.

 

3405.5Each MHRS provider shall establish and adhere to policies and procedures governing the release of mental health information about consumers (Release of Consumer Information Policy), which comply with applicable federal and District laws and regulations. For consumers with co-occurring psychiatric and addictive disorders, the MHRS provider shall comply with the requirements of 42 CFR Part 2 governing the confidentiality and release of drug and alcohol treatment records.

 

3405.6Each MHRS provider shall establish and adhere to policies and procedures governing the use of advance instructions for mental health treatment, durable power of attorney for health care and advance directives that comply with applicable federal and District laws and regulations, including 22-A DCMR Chapter 1 and DMH policy (Advance Instructions Policy).

 

3405.7Each MHRS provider's Advance Instructions Policy shall require qualified practitioners to incorporate the development of advance instructions for mental health treatment, durable power of attorney for health care, and advance directives into the IRP/IPC planning process.

 

3405.8DMH shall review and approve each MHRS provider's Consumer Rights Statement, Complaint and Grievance Policy, Consent to Treatment Policy, Release of Consumer Information Policy and Advance Instructions Policy, during the certification process.

 

authority

Section 104 and 114 of the Mental Health Service Delivery Reform Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code §§ 7-1131.04 and 7-1131.14 (2001 ed.)).

source

Final Rulemaking published at 48 DCR 10297 (November 9, 2001); as amended by Final Rulemaking published at 51 DCR 9308 (October 1, 2004); as amended by Final Rulemaking published at 52 DCR 5682 (June 17, 2005).