Client Rights – Hamilton County Mental Health and Recovery Services Board

Client Rights and Grievance Procedure – Definitions

Definitions:

1. “Client advocate” means the individual designated by a provider with responsibility for assuring compliance with the client rights and grievance procedure rule as implemented within each provider or board, and shall have the same meaning as client rights officer or client rights specialist.
2. “Grievance” means a written complaint initiated either verbally or in writing by a client or by any other person or provider on behalf of a client regarding denial or abuse of any client’s rights.
3. “Reasonable” means a standard for what is fair and appropriate under usual and ordinary circumstance

CLIENT RIGHTS – Community Mental Health and Addictions

Each Client has all of the following rights (Exceptions – as noted below – are made for clients receiving forensic evaluation service a certified forensic center, or attending a driver intervention program)

1. The right to be treated with consideration and respect for personal dignity, autonomy and privacy;
2. The right to reasonable protection from physical, sexual or emotional abuse and inhumane treatment;
3. The right to receive services in the least restrictive, feasible environment;
4. The right to participate in any appropriate and available service that is consistent with an individual service plan (ISP), regardless of the refusal of any other service, unless that service is a necessity for clear treatment reasons and requires the person’s participation;
5. The right to give informed consent to or to refuse any service, treatment or therapy, including medication absent an emergency;
6. The right to participate in the development, review and revision of one’s own individualized treatment plan and receive a copy of it;
7. The right to freedom from unnecessary or excessive medication, and to be free from restraint or seclusion unless there is immediate risk of physical harm to self or others;
8. The right to be informed and the right to refuse any unusual or hazardous treatment procedures;
9. The right to be advised and the right to refuse observation by others and by techniques such as one-way vision mirrors, tape recorders, video recorders, television, movies, photographs or other audio and visual technology. This right does not prohibit an agency from using closed-circuit monitoring to observe seclusion rooms or common areas, which does not include bathrooms or sleeping areas;
10. The right to confidentiality of communications and personal identifying information within the limitations and requirements for disclosure of client information under state and federal laws and regulations;
11. The right to have access to one’s own client record unless access to certain information is restricted for clear treatment reasons. If access is restricted, the treatment plan shall include the reason for the restriction, a goal to remove the restriction, and the treatment being offered to remove the restriction;
12. The right to be informed a reasonable amount of time in advance of the reason for terminating participation in a service, and to be provided a referral, unless the service is unavailable or not necessary;
13. The right to be informed of the reason for denial of a service;
14. The right not to be discriminated against for receiving services on the basis of race, ethnicity, age, color, religion, gender, national origin, sexual orientation, physical or mental handicap, developmental disability, genetic information, human immunodeficiency virus status, or in any manner prohibited by local, state or federal laws;
15. The right to know the cost of services;
16. The right to be verbally informed of all client rights, and to receive a written copy upon request;
17. The right to exercise one’s own rights without reprisal, except that no right extends so far as to supersede health and safety considerations;
18. The right to file a grievance;
19. The right to have oral and written instructions concerning the procedure for filing a grievance, and to assistance in filing a grievance if requested;
20. The right to be informed of one’s own condition; and,
21. The right to consult with an independent treatment specialist or legal counsel at one’s own expense.

Client Rights – Forensic Evaluations:

Each client receiving a forensic evaluation service from a certified forensic center has these rights:

1. The right to be treated with consideration and respect for personal dignity;
2. The right to be evaluated in a physical environment affording as much privacy as feasible;
3. The right to service in a humane setting which is the least restrictive feasible if such setting is under the control of the forensic center;
4. The right to be informed of the purpose and procedures of the evaluation service;
5. The right to consent to or refuse the forensic evaluation services and to be informed of the probable consequences of refusal;
6. The right to freedom from unnecessary restraint or seclusion if such restraint or seclusion is within the control of the forensic center;
7. The right to be advised of and refuse observation by techniques such as one-way vision mirrors, tape recordings, televisions, movies, or photographs, or other audio and visual technology, unless ordered by the court, in which case the client must be informed of such technique. This right does not prohibit an agency from using closed-circuit monitoring to observe seclusion rooms or common areas, which does not include bathrooms;
8. The right not to be discriminated against in the provision of service on the basis of race, ethnicity, age, color, religion, gender, national origin, sexual orientation, physical or mental handicap, developmental disability, genetic information, human immunodeficiency virus status, or in any manner prohibited by local, state or federal laws;
9. The right to be fully informed of all rights;
10. The right to exercise any and all rights without reprisal in any form;
11. The right to file a grievance; and,
12. The right to have oral and written instructions for filing a grievance including an explanation that the filing of a grievance is exclusively an administrative proceeding within the mental health system and will not affect or delay the outcome of the criminal charges.

Client rights – Driver Intervention Programs:

Each client participating in a driver intervention program has these rights:

1. The right to be treated with consideration and respect for personal dignity, autonomy and privacy;
2. The right to reasonable protection from physical, sexual or emotional abuse and inhumane treatment;
3. The right to give informed consent to or to refuse any service:
4. The right to be free from restraint or seclusion unless there is immediate risk of physical harm to self or others;
5. The right to be informed and the right to refuse any unusual or hazardous procedures;
6. The right to be advised and the right to refuse observation by others and by techniques such as one-way vision mirrors, tape recorders, video recorders, television, movies, photographs or other audio and visual technology. This right does not prohibit an agency from using closed-circuit monitoring to observe seclusion rooms or common areas, which does not include bathrooms or sleeping areas;
7. The right to confidentiality of communications and personal identifying information within the limitations and requirements for disclosure of client information under state and federal laws and regulations;
8. The right to have access to one’s own client record;
9. The right to be informed of the reason for terminating participation in a service;
10. The right to be informed of the reason for denial of a service;
11. The right not to be discriminated against for receiving services on the basis of race, ethnicity, age, color, religion, gender, national origin, sexual orientation, physical or mental handicap, developmental disability, genetic information, human immunodeficiency virus status, or in any manner prohibited by local, state or federal laws;
12. The right to know the cost of services;
13. The right to be verbally informed of all client rights, and to receive a written copy upon request;
14. The right to exercise one’s own rights without reprisal, except that no right extends so far as to supersede health and safety considerations;
15. The right to file a grievance;
16. The right to have oral and written instructions concerning the procedure for filing a grievance, and to assistance in filing a grievance if requested;
17. The right to be informed of one’s own condition; and,
18. The right to consult with an independent treatment specialist or legal counsel at one’s own expense.

Client Rights – Provider Responsibilities:

1. Provide a written client rights policy that lists all of the client rights identified by state law
2. Provide a written client grievance procedure;
3. Maintain records for at least two years from resolution of grievance.
4. The provider shall explain and maintain documentation in the ICR of explanation of rights to each person served prior to or when beginning assessment or treatment services.
5. In a crisis or emergency situation, or when the client does not present for services in person such as through a hotline; the provider may verbally advise the client of at least the immediately pertinent rights only, such as the right to consent to or to refuse the offered treatment and the consequences of that agreement or refusal. Full verbal explanation of the client rights policy shall be provided at the first subsequent meeting.
6. Clients or recipients of information and referral service, consultation service, mental health education service, and prevention service may have a copy and explanation of the client rights policy upon request.
7. Explanations of rights shall be in a manner appropriate for the person’s understanding.
8. Posting of client rights
   1. The client rights policy and grievance procedure shall be posted in each location in which services are provided, unless the certified agency location is not under the control of the provider, i.e. a shared location such as a school, jail, etc. and it is not feasible for the provider to do so.
   2. The client rights policy and grievance procedure shall be posted in a conspicuous location that is accessible to persons served, their family or significant others and the public.
   3. When a location is not under the control of the provider and it is not feasible for the provider to post the client rights policy and grievance procedure, the provider shall assure that copies are available at the location for each person that may request a written copy.
9. Follow Clients Rights policies and grievance procedures: All staff shall be required to follow the client rights policy and client grievance procedure. There shall be documentation in each employee’s personnel file, including contract staff, volunteers and student interns that each staff member has received a copy of the client rights policy and the client grievance procedure and has agreed to abide by them.

Grievance Procedure (what is included in a grievance and who is notified.)

The client grievance procedure shall have provisions for at least the following:

1. Statement to whom the client is to give the grievance;
2. Designation of a client advocate who will be available to assist a client in filing of a grievance, the client advocate shall have their name, title, location, hours of availability, and telephone number included with the posting of client rights as required by paragraph (D) of this rule;
3. Requirement that the grievance must be put into writing; the grievance may be made verbally and the client advocate shall be responsible for preparing a written text of the grievance;
4. Requirement that the written grievance must be dated and signed by the client, the individual filing the grievance on behalf of the client, or have an attestation by the client advocate that the written grievance is a true and accurate representation of the client’s grievance;
5. Requirement that the grievance include, if available, the date, approximate time, description of the incident and names of individuals involved in the incident or situation being grieved;
6. Statement that the program will make a resolution decision on the grievance within twenty business days of receipt of the grievance. Any extenuating circumstances indicating that this time period will need to be extended must be documented in the grievance file and written notification given to the client;
7. Statement that a client has the option to file a grievance with outside organizations, that include, but are not limited to, the following, with the mailing address and telephone numbers for each stated:
   1. Applicable board of alcohol, drug addiction, and mental health services;
   2. Ohio department of mental health and addiction services;
   3. Disability rights Ohio; or,
   4. S. department of health and human services, civil rights regional office in Chicago.
8. Requirement that a written acknowledgment of receipt of the grievance be provided to each grievant. Such acknowledgment shall be provided within three business days from receipt of the grievance. The written acknowledgment shall include, but not be limited to, the following:
   1. Date grievance was received;
   2. Summary of grievance;
   3. Overview of grievance investigation process;
   4. Timetable for completion of investigation and notification of resolution; and,
   5. Treatment provider contact name, address and telephone number.

1

Board Staff

A complaint may come to any member of the Board staff. If it is a grievance, it is referred to the Client Rights Officer (CRO).

2

Client Rights Officer Available?

If the Client Rights Officer (CRO) is personally involved or not able to be reasonably available, an alternate is found.

3

Meet With Client Rights Officer / File Grievance

A grievance is a written document. The Client Rights Officer (CRO) will help prepare, if desired.

4

Client Rights Officer Gives Grievance to Board President/CEO

The Board has 20 working days to complete the grievance.

5

President/CEO Appoints Hearing Officer

The Client Rights Officer investigates the grievance and assists in setting up a hearing.

6

Hearing Grievant + Advocates & Agency/Board Representatives

7

Hearing Officer Writes Letter of Resolution to Grievant

The letter includes outside entities to which the grievant may carry the complaint if unhappy with the Board’s resolution.

Client Rights — Pathways For People

SCOPE:  All clients enrolled in the agency’s program(s).

PURPOSE: To assure that all clients understand their rights and responsibilities and all staff understand and treat each client with the proper respect.

POLICY: To ensure the process that a client will be an active, informed participant in his/her plan of care, the client will be empowered with certain rights and responsibilities as described in the Client Rights and Responsibilities.  A client may designate someone to act as his/her client representative.  This representative, on behalf of the client may exercise any of the rights provided by the policies and procedures established by the agency. All policies are available at all times to the agency personnel, clients and representatives as well as other organizations and the interested public to assist with fully understanding the client’s rights and responsibilities.

PROCEDURE:

1. Before or upon admission, the staff will provide each client and/or their representative with a copy of the Client Rights and Responsibilities.
    
2. The Client Rights and Responsibilities will be explained and distributed to the client prior to the initiation of agency services and annually.  This explanation will be in a language he/she can reasonably understand.  Communication of these rights and responsibilities can occur through:  

a)    Verbal
b)    Written
c)    For non-english speakers, all related information will be translated

CLIENT RIGHTS

The client is informed at admission and annually of:

a.    Confidentiality of all personal and service related information.

b.    The right to privacy, security, and respect of property.

c.    The right for protection from abuse, neglect, retaliation, humiliation, exploitation.

d.    The right to have access to, review, and obtain copies of pertinent information needed to make decision regarding services in a timely manner.

e.    The rights to informed consent or refusal or expression of choice regarding participation in all aspects of care/services and planning of care/services to the extent permitted by law including:

1. Service delivery
2. Release of Information
3. Concurrent services
4. Composition of the service team.

f.    The right to access or referral to legal entities for appropriate representation.

g.    The right to access to self-help and advocacy support services.

h.    The right to investigation and resolution of alleged infringements of rights.

i.    The right to provision of care in the least restrictive environment.

j.    The right to adequate and humane care.

k.    The right to evidence-based information about alternative services, medications, and modalities

l.    The cost of services that will be billed to his/her insurance(s) and/or self (verbally and in writing).

m.    The right to protection from the behavioral disruptions of other persons served.

n.    The right to 24-hour crisis intervention.

o.    The right to equal access to services for all persons in need regardless of race, ethnicity, gender, age, sexual orientation, or sources of payment.

p.    The right to a grievance procedure that includes the rights to: be informed of appeal procedures, initiate appeals, have access to the grievance procedures posted in a conspicuous place, receive a decision in writing, and appeal to an unbiased source.

q.    The individual/legally responsible person has the right to consent to, or refuse any treatment offered by the agency and that consent may be withdrawn at any time.

r.    The individual/legally responsible person may refuse treatment without threat of termination of service.

s.    The individual/legally responsible person has the right to treatment including access to medical care and habilitation, regardless of age or degree of mental illness, intellectual disabilities, or substance abuse.

t.     To be free to contact the Disability Rights North Carolina
3724 National Drive Suite 100            
Raleigh, NC 27612            
Telephone: Voice (919) 856-2195 Toll Free (877) 235-4210            
TTY 888-268-5535                        
Fax: (919) 856-2244

If any restrictions are placed on a client’s privileges, the Supervisor/Administrator will meet with the client to inform them of any and all restrictions and regularly evaluate the restrictions placed on the persons served through client interviews, case notes, staffing minutes, incident reports, and any formally filed grievance reports. Only Supervisor/Administrator are able to make medical decisions that will place limits or return the restricted privileges of the persons served.

Client agrees to meet the following guidelines for successful completion of treatment.

a.    To maintain communication with QP about progress and the performance of their staff.

b.    Sign time sheets to verify that staff is documenting their hours worked accurately.

c.    It is required that you arrive on time for all group and individual sessions.  

d.    Failure to meet scheduled appointments will be defined as non-compliance.

e.    Participation in any illegal or suspicious activity or acting out, or defacing Pathways for People property, will not be tolerated.  Any threat or act of violence directed toward staff, other clients, or visitor to the clinic is grounds for immediate dismissal from the program.  Any individual dismissed under these circumstances will be barred from reentry for one (1) year and must have approval from the staff and Executive Director.

f.    Selling, giving away or using drugs on Pathways for People’ premises will be defined as non-compliance and will result in an immediate discharge.

g.    Stealing from Pathways for People, its staff or other clients will result in an immediate discharge.

h.    Known or suspected abuse or neglect will be reported immediately.

i.    Spouses, family members or significant others will be permitted to participate in your treatment with your expressed permission and consent.

j.    You are encouraged to discuss with your assigned counselor sexual and/or physical abuse, with expectation of a referral to the most appropriate service provider for assistance.

k.    You will be expected to dress appropriately whenever entering Pathways for People.

l.    Pathways for People is not responsible for loss or theft of any personal property.

m.    You will be expected to honor the Federal Confidentiality Law.

Article 7. Consumer’s right to safety of goods (work, services) \ ConsultantPlus

Article 7. Consumer’s right to safety of goods (work, services)

Prospects and risks of arbitration disputes and disputes in a court of general jurisdiction. Situations related to Art. 7

Arbitration disputes:

– The authorized body wants to hold an organization (IP) liable for violation of technical regulations

– An organization (individual entrepreneur, official) appeals against being held liable for violating sanitary and epidemiological requirements for public catering

– An organization (individual entrepreneur, official, citizen) appeals against being held liable for violating sanitary and epidemiological requirements for drinking water

– An organization (individual entrepreneur, official) appeals against being held liable for violation of sanitary and epidemiological requirements for the operation of residential and public premises, buildings, structures and transport

– An organization (individual entrepreneur, official, authority) appeals against liability for violation of legislation in the field of ensuring the sanitary and epidemiological welfare of the population

, storage, transportation and disposal was safe for the life, health of the consumer, the environment, and also did not harm the consumer’s property. The requirements that must ensure the safety of the goods (work, service) for the life and health of the consumer, the environment, as well as the prevention of harm to the consumer’s property, are mandatory and are established by law or in the manner prescribed by it.

(as amended by the Federal Law of December 17, 1999 N 212-FZ)

(see the text in the previous edition)

goods (work).

If, in accordance with paragraph 1 of Article 5 of this Law, the manufacturer (executor) has not established a service life for the goods (work), he is obliged to ensure the safety of the goods (work) within ten years from the date of transfer of the goods (work) to the consumer.

Damage caused to the life, health or property of the consumer due to failure to ensure the safety of the goods (work) is subject to compensation in accordance with Article 14 of this Law.

3. If for the safe use of a product (work, service), its storage, transportation and disposal, it is necessary to comply with special rules (hereinafter referred to as the rules), the manufacturer (executor) is obliged to indicate these rules in the accompanying documentation for the product (work, service), on the label, marking or otherwise, and the seller (executor) is obliged to bring these rules to the attention of the consumer.

mandatory confirmation in the manner prescribed by law and other legal acts.

(as amended by Federal Law No. 171-FZ of December 21, 2004)

(see the text in the previous edition)

It is not allowed to sell goods (performance of work, provision of services), including imported goods (work, services), without information on the mandatory confirmation of its compliance with the requirements specified in paragraph 1 of this article.

(Clause 4 as amended by Federal Law No. 212-FZ of December 17, 1999)

(see the text in the previous edition)

4.1. It is not allowed to sell goods, including imported goods, containing information, the dissemination of which provides for administrative or criminal liability.

(Clause 4.1 was introduced by Federal Law No. 478-FZ of December 5, 2022)

property of the consumer, the environment, the manufacturer (executor, seller) is obliged to immediately suspend its production (sale) until the causes of harm are eliminated, and, if necessary, take measures to withdraw it from circulation and recall it from the consumer (consumers).

If the causes of harm cannot be eliminated, the manufacturer (performer) is obliged to remove such goods (work, service) from production. If the manufacturer (executor) fails to fulfill this obligation, the authorized federal executive body shall take measures to recall such goods (work, services) from the domestic market and (or) from the consumer or consumers in the manner established by the legislation of the Russian Federation.

(as amended by Federal Laws No. 171-FZ of December 21, 2004, No. 242-FZ of July 18, 2011)

(see the text in the previous edition)

Losses caused to the consumer in connection with the recall of goods (work, services) are subject to compensation by the manufacturer (executor) in full.

6. No longer valid. – Federal Law of December 21, 2004 N 171-FZ.

(see previous text)

Financial consumer protection

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New financial culture: creating conditions for a financially healthy lifestyle

Ranking of insurers by the level of complaints about OSAGO

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AML/CFT and client rehabilitation: guidance and practical advice for entrepreneurs

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What to do if your rights have been violated

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What dangers can a contract 9 hide0003

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Misseling, or How not to buy a pig in a poke

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