Section 22-A399. DEFINITIONS

 

"Abuse" - any knowing, reckless, or intentional act or omission by a provider that causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to, physical or emotional injury, death, or financial exploitation of a consumer.

 

"Consumer" - an adult, child or youth who seeks or receives mental health services or mental health supports funded or regulated by DMH. For purposes of this chapter, references to a child or youth consumer include the child's or youth's family or legal guardian.

 

"Consumer Rights Statement" - a document prepared and distributed by DMH to all MH providers which describes all the consumer rights and protections available under federal and District laws and regulations.

 

"Core Services Agency" - a community-based provider of mental health services and mental health supports that is certified by DMH in accordance with rules published in the D.C. Register, and acts as the clinical home for consumers of mental health services by providing a single point of access and accountability for mental health rehabilitation services.

 

"CSA peer advocate" - a person appointed by a core services agency to assist consumers and others in filing a grievance and throughout the grievance process, who

 

(a)is a current or former consumer of mental health services or supports; and

 

(b)has been trained by DMH.

 

"DMH" - the Department of Mental Health, the successor in interest to the District of Columbia Commission on Mental health Services.

 

"Director" - the Director of DMH.

 

"External reviewer" - a person or organization with extensive experience in mediation, arbitration and/or alternative dispute resolution, selected by the Director, that contracts with DMH to provide neutral and impartial review and resolution of grievances.

 

"Governing Authority" - the designated individuals or governing body legally responsible for conducting the affairs of the MH provider.

 

"Grievance" -a description by any individual of his or her dissatisfaction with either DMH or a MH provider, including the denial or abuse of any consumer right or protection provided by applicable federal and District laws and regulations.

 

"Independent Peer advocate" - a person designated by an independent peer advocacy office established by or with the assistance of DMH to assist consumers and others in filing a grievance and throughout the grievance process, who

 

(a)is a current or former consumer of mental health services in the District of Columbia or elsewhere or, in the case of children and youth consumers, a guardian or family member of a current or former child or youth consumer;

 

(b)meets minimum qualifications established by DMH; and

 

(c)demonstrates knowledge about the Grievance Procedure and relevant MH Provider Grievance Procedures, and District laws and regulations regarding consumer rights and protections.

 

"Mental Health Authority" - the divisions, offices and employees of DMH involved in the regulatory, administrative, policy, planning, and fiscal responsibilities for the Department, and the Access Helpline or central intake functions of the Department. The Mental Health Authority is not directly involved in providing mental health services or supports and is separate from St. Elizabeths Hospital and the public core services agency. Mental Health Authority offices and divisions include the Director and Director's office, Chief Compliance Officer and Regulatory Counsel, General Counsel, Chief Financial Officer, Public Affairs, Consumer and Family Affairs, Chief Clinical Officer, Organizational Development, Office of Fiscal and Administrative Services, Office of Accountability, and Office of Delivery Systems Management.

 

"Mental health services" - the services funded or regulated by DMH for the purpose of addressing mental illness or mental health problems.

 

"Mental health supports" - the supports funded or regulated by DMH for the purpose of addressing mental illness or mental health problems.

 

"Mental Illness" - a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.

 

"MH provider" - (a) any entity, public or private, that is licensed or certified by the District of Columbia to provide mental health services or mental health supports, (b) any entity, public or private, that has entered into an agreement with DMH to provide mental health services or mental health supports, or (c) St. Elizabeths Hospital or the public core services agency.

 

"Neglect" - any act or omission by a MH provider that causes or is likely to cause or contribute to, or which caused or is likely to have caused or contributed to, injury or death of a consumer.

 

"Peer advocate" -see "Independent peer advocate" and "CSA peer advocate."

 

"Personal representative" - a person designated by a consumer as the consumer's personal representative. A personal representative may be a family member, significant other, guardian or attorney.

 

"Policy" - a written statement developed by a MH Provider that gives specific direction regarding how the MH provider shall operate administratively and programmatically.

 

"Procedure" - a written set of instructions describing the step-by-step actions to be taken by MH provider staff in implementing a policy of the MH provider.

 

"Protected mental health information" - means information regulated by the District of Columbia Mental Health Information Act of 1978 effective March 3, 1979 (D.C. Law 2-136, D.C. Official Code §7-1201.1 et seq.).

 

"Service plan" - either the individual recovery plan (IRP) for adults or the individual service plan for children and youth (IPC).

 

"St. Elizabeths Hospital" -the inpatient psychiatric hospital operated by DMH.

 

source

Final Rulemaking published at 50 DCR 8480 (October 10, 2003).