Clients Rights
Policy & Procedures
| Responsible Position |
Client Rights Officer |
| Affected Department/Programs |
All programs |
| Approved By/Date (Procedures Only) |
Vice President, Quality Management and Accreditation on 10/18/09 (merging of two similar policies) |
| Approved By/Date (Policy Only) |
Board of Trustees on 10/28/09 |
| Last Revision Date |
CCC Policy 1/2009, FS Policy 1/2009 |
| Revision Effective Date |
10/28/09 |
Policy
LifePoint Solutions is committed to safeguarding the rights of all clients and to maintaining the trust which persons served place in our staff when they request or receive services from the agency. LifePoint Solutions employee’s shall not cause nor allow conditions, procedures, or decisions differing from the Client Rights Policy.
LifePoint Solutions shall provide and safeguard the following rights for all clients:
The right to be treated with consideration and respect for personal dignity, autonomy, and privacy.
The right to be free of any intrusive procedures that would violate personal privacy or dignity.
The right to service in a humane setting that is the least restrictive feasible as defined in the treatment plan.
The right to be informed of one's own condition, or proposed or current services, treatment, or therapies, and of the alternatives.
The right to be informed of available program services.
The right to consent to or refuse any service, treatment, or therapy upon full explanation of the expected consequences of such consent or refusal. A parent or legal guardian may consent to or refuse any service, treatment, or therapy on behalf of a minor client.
The right to a current, written, individualized service plan that addresses one's own mental health, physical health, social, and economic needs, and that specifies the provision of appropriate and adequate services, as available, either directly or by referral.
The right to participate in the development, periodic reassessment, review and/or revision in one’s own Individual Treatment Plan and receive a copy of it.
The right to freedom from unnecessary or excessive medication.
The right to know how one’s medical information may be used and disclosed and how to access to this information (Privacy Notice).
The right to receive a current Privacy Notice, explaining how one’s personal health information will be handled.
The right to request restrictions on the use and disclosure of personal information for the purposes of treatment, payment or health care operations.
The right to receive an accounting of disclosures.
The right to request the method by which communication will occur, such as by cell phone or mail.
The right to freedom from unnecessary restraint or seclusion.
The right to request LifePoint Solutions to amend or correct one’s personal information.
The right to expect that any business affiliated with our agency and with whom your information may be disclosed (computer repair company, etc.,) will be required to enter a contract with LifePoint Solutions stating that they will agree to protect the confidentiality of any information that is disclosed.
The right to participate in any appropriate and available agency service, regardless of refusal of one or more other services, treatments, or therapies, or regardless of relapse from earlier treatment in that or another service, unless there is a valid and specific necessity which precludes and/or requires the client's participation in other services. This necessity shall be explained to the client and written in the client's current service plan.
The right to be informed of and refuse any unusual or hazardous treatment procedures.
The right to choose involvement in any research project.
The right to be informed of the Professional Code of Conduct of the agency.
The right to be advised of and refuse observation by others and by techniques such as one-way vision mirrors, tape recorders, video recorders, televisions, movies, or photographs.
The right to have the opportunity to consult with independent treatment specialists or legal counsel, at one's own expense.
The right to confidentiality of communications and of all personal identifying information, within the limitations and requirements for disclosure of various funding and/or certifying sources, state or federal statutes, unless release of information is specifically authorized by the client or parent or legal guardian of a minor client or court-appointed Guardian of the Person of an adult client in accordance with Rule 5122:2-3-11 and 3793:2-1-07 of the Administrative Code.
The right to have access to one's own psychiatric, medical, or other treatment records, in accordance to agency procedures, unless access to particular identified items of information is specifically restricted for that individual client for clear treatment reasons in the client's treatment plan. "Clear treatment reasons" shall be understood to mean only severe emotional damage to the client such that dangerous or self-injurious behavior is an imminent risk. The person restricting the information shall explain to the client and other persons authorized by the client the factual information about the individual client that necessitates the restriction. The restriction must be renewed at least annually to retain validity. Any person authorized by the client has unrestricted access to all information. Clients shall be informed in writing of agency policies and procedures for viewing or obtaining copies of personal records.
The right to be informed in advance of the reason(s) for discontinuance of service provision and to be involved in planning for the consequences of that event.
The right to receive an explanation of the reasons for denial of service.
The right to not to be discriminated against in the provision of service on the basis of religion, marital status, race, color, creed, gender, sexual orientation, national origin, ethnicity, age, lifestyle, physical or mental handicap, health status, HIV infection (whether asymptomatic or symptomatic), AIDS, developmental disability, or inability to pay.
The right to know the cost of services.
The right to be fully informed of all client rights.
The right to exercise any and all rights without reprisal in any form including continued uncompromising access to service.
The right to file a grievance in accordance to agency procedures.
The right to have oral and written instructions for filing a grievance.
*ODADAS Client Rights are italicized
All agency staff receives training on cultural competence during orientation and staff are encouraged to use supervision to address any personal difficulties they may have with implementing this policy. All Staff receive training on this client rights policy during orientation; in-service training on client rights is provided on an annual basis.
Neglect is defined as any purposeful or negligent disregard of duty by an employee or staff member. Abuse is defined as any action on the part of a staff person that results in physical or emotional injury to a client. This includes, of course, any physical or sexual abuse of persons served. Physical abuse, including sexual abuse and physical punishment of clients is absolutely prohibited, as is any sexual contact with a client by a staff person. Also prohibited is psychological abuse, including demeaning or age inappropriate treatment of persons served, as well as any actions which might humiliate, threaten, or exploit a client.
The agency tolerates no neglect or abuse of persons served by staff. Any allegation of neglect or abuse will be investigated. The Chief Clinical Officer reviews the written results of investigations. Appropriate staff maintain documentation of the findings and of actions taken as a result of the investigation. Any substantiated claims of neglect or abuse shall result in the immediate dismissal of the staff person(s) involved. Staff treat allegations of neglect or abuse as major incidents; therefore, the agency reports these allegations to the Mental Health & Recovery Board and the Ohio Department of Mental Health within 24 hours of the event. Once available, the MH&R Board and ODMH receive the investigation results. Agency staff follows applicable abuse/neglect reporting laws, such as reporting of child or elder abuse to the appropriate agencies.
Clients are given a copy of their rights at the time of their admission/first appointment. All Service providers explain these rights to clients in a manner understandable to each individual. Should the client be in crisis or emergency situation, at least the right to consent or refuse treatment and the consequences of the agreement re refusal shall be explained. Then a copy of the client rights policy will be given to him/her in the next session after the crisis. A copy of the client rights policy is always available upon request. The client’s rights are to be posted in a conspicuous place in the lobby of each site. An annual report of grievances (in the specified format) will be made to the applicable mental health board.
In crisis situations, especially where the risk of suicide or homicide exists, agency staff may pursue involuntary hospital admission for a client to protect that client and/or other people. Staff pursue this option only when absolutely necessary, and if the client is involuntarily hospitalized, the discharge planning process begins immediately to ensure that the client is in the hospital as long as warranted by the situation.
This policy and the list of client rights apply to all agency sites in the Clermont, Northern Kentucky and Cincinnati Area. The list of resources which program participants may wish to contact are presumed individualized in accord with the appropriate county/state where service was delivered.
| Mandated By |
Applicable Legislation/Regulation |
| ODMH |
OAC 5122:2-1-02 |
| ODADAS |
OAC 3793:2-1-07 |
| COA |
CR 3 |
| CARF |
Section 1-H.8 and K.6 |
Privacy Notice
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Who Will Follow This Notice?:
The privacy practices in this notice will be followed by any health care professional who treats you at any of our locations; all departments and units of our agency; all staff, trainees, volunteers or students within our agency; any business associates who perform various activities (e.g., billing, transcription services) for our agency and with whom we share health information.
Our Pledge To You:
We understand that medical information about you is personal. We are committed to protecting medical information about you. We create a record of the services you receive in order to provide you with quality care, to comply with certain legal requirements, and to carry out the business functions of the agency. This notice applies to all of the records of your care used or generated by this Agency and describes the different ways that we use and disclose your medical information. It also describes certain rights that you have with respect to your medical information. The privacy practices described in this notice are intended to go with any privacy statements described in other booklets that are given to you. Those other documents may describe rights that you have in addition to those in this notice.
We are required by law to keep medical information about you private and to provide you with this notice of our legal duties and privacy practices with respect to your personal health information. You have the right to receive a paper copy of this notice. We will also make a copy of our current notice available on our web site at www.servingfamilies.org. We are also required to abide by the terms of this notice so long as it remains in effect.
Changes To This Notice:
Please be aware that we may change the terms of this notice at any time. We will post a copy of the current notice in the office waiting area. In addition, each time you visit our office for treatment, we will make a copy of the current notice in effect available to you upon your request. You will also be asked to acknowledge in writing your receipt of this notice.
How We May Use And Disclose Medical Information About You:
Unless otherwise prohibited by law enacted for certain "Specially Protected Categories of Health Information" (as described below), we may use or disclose medical information about you without your formal consent or authorization to provide you with treatment such as sharing information about you with another professional who is part of your treatment team; to obtain payment for treatment such as sending billing information to your insurance company, Medicaid, or Medicare; and to support our health care operations such as comparing client data to improve treatment methods.
Subject to certain requirements, we may use or disclose medical information about you without your prior authorization for several other reasons. Unless otherwise prohibited by law enacted for certain "Specially Protected Categories of Health Information" (as described below), we may give out medical information about you:
When required by law such as reporting suspected abuse/neglect or in Kentucky, domestic violence.
For public health activities such as reporting vital statistics to the public health authority.
For health oversight activities such as audits, inspections, or licensure.
To avert a serious threat to health or safety such as sharing information with persons who can reasonably prevent or lessen the threat of harm.
For specific government functions such as eligibility and enrollment in government benefit programs.
Relating to decedents such as funeral arrangements and organ donation.
For medical or behavioral research purposes, provided that we follow a specific approval process.
For disaster relief purposes such as notification to your close family or friends, or to a public or private disaster relief entity for purposes of notifying your family and friends of your condition and location.
In specific circumstances, in response to a request from law enforcement or in response to a valid process in a judicial, administrative, or court proceeding such as a court order.
We may also contact you for appointment reminders, or to tell you about or recommend possible treatment option alternatives, health-related benefits or services that may be of interest to you, or to support fundraising efforts.
Uses and Disclosures Requiring Your Authorization:
In any other situation not covered by this notice, including most marketing purposes, we will ask for your written authorization before using or disclosing medical information about you. You may revoke this authorization at any time by providing us with written notice of such revocation. Your revocation shall become effective immediately upon our receipt of such notice, except to the extent that we have already relied upon your previous authorization.
Specially Protected Categories of Health Information:
In some cases, State law(s) gives medical information related to AIDS/HIV status or testing results, mental health services, drug and alcohol treatment, and mental retardation/developmental disabilities services more stringent confidentiality protection. In these situations, we will need to obtain your consent or written authorization before we can disclose the information for most purposes. We have included additional information about these protections in our welcome booklet that is given to you.
Your Rights Regarding Medical Information About You
Right to Request Restrictions:
You may request that we not use or disclose medical information about you for treatment, payment or healthcare operations or to persons involved in your care except when specifically authorized by you, when required by law, or in an emergency. We will consider your request but are not legally required to accept it. To request restrictions, you must make your request in writing to our Privacy Officer at the address below. We will inform you of our decision on your request.
Right to Receive Confidential Communications:
You have the right to request that medical information about you be communicated to you in a confidential manner, such as sending mail to an address other than your home. To request confidential communications, you must make your request in writing to the Center Secretary at the site at which you receive services.
Right to Inspect And Copy Your Medical Information:
In most cases, you have the right to look at or get a copy of medical information that we use to make decisions about your care, when you submit a written request to your therapist/worker. If you request copies, we may charge a fee for the cost of copying, mailing, or other related supplies. This fee will be based on your ability to pay. If we deny your request to review or obtain a copy, you may submit a written request to the Privacy Officer at the address below for a review of that decision.
Right to Amend Medical Information:
If you believe that information in your record is incorrect or if important information is missing, you have a right to request that we correct the records for as long as the information is maintained by the Agency. To request an amendment, your request must be made in writing and submitted to our Privacy Officer at the address below. We could deny your request to amend a record if the information was not created by us; if it is not part of the medical information maintained by us; or if we determine that the record is accurate. You may appeal a decision by us not to amend a record by submitting your requests in writing to our Privacy Officer at the address below.
Right to Receive an Accounting of Certain Disclosures of Medical Information:
You have the right to a list of those instances where we have disclosed medical information about you, other than for treatment, payment, health care operations or where you specifically authorized a disclosure. To request this list or accounting of disclosures, you must submit your request in writing to our Privacy Officer at the address below. The request must state the time period desired for the accounting, which must be less than a 6-year period and starting after April 14, 2003. The first disclosure list request in a 12-month period is free. We may charge a reasonable fee for the costs associated with your request for any additional accountings within the same twelve-month period. This fee will be based on your ability to pay.
Complaints:
If you are concerned that your privacy rights may have been violated, or you disagree with a decision we made about access to your records, you may contact our Privacy Officer at the address or telephone number listed below. You may also file a complaint with the Secretary of the U. S. Department of Health and Human Services Office of Civil Rights. Our Privacy Officer can provide you with the address. Under no circumstance will you be penalized or retaliated against for filing a complaint.
Penny Middaugh, LISW-S
Client Rights Officer
43 E. Main Street
Amelia, Oh 45102
513-947-7011
Monday through Friday 9 am – 4 pm
pmiddaug@lifepointsolutions.org