D.C. Mun. Regs. r. 22-A3409

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 22-A3409 - CONSUMER PROTECTIONS

3409.1

Medicaid beneficiaries are entitled to Notice and Appeal rights pursuant to 29 DCMR § 9508 in cases of intended adverse action, such as an action to deny, discontinue, terminate, or change the manner or form of Medicaid- funded MHRS. The Department shall provide local-only beneficiaries the same Notice and Appeal rights.

3409.2

Each 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.

3409.3

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

3409.4

Each 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 ("Complaint and Grievance Policy") that complies with 22-A DCMR § 306.

3409.5

Each 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.

3409.6

Each 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 mental health and substance use disorders (SUDs), the MHRS provider shall comply with the requirements of 42 CFR part 2 governing the confidentiality and release of SUD treatment records as applicable.

3409.7

Each 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 ("Advance Instructions Policy") that comply with applicable Federal and District laws and regulations, including 22-A DCMR Chapter 1 and any applicable the Department policy.

3409.8

Each MHRS provider's Advance Instructions Policy shall incorporate the development of advance instructions for mental health treatment, durable power of attorney for health care, and advance directives into the assessment planning process.

3409.9

The Department 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 and during recertification.

D.C. Mun. Regs. r. 22-A3409

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); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 1482 (February 18, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 3476, 3477 (April 22, 2011); amended by Final Rulemaking published at 67 DCR 10674 (9/4/2020)

22 DCMR A § 3409 is formerly entitled "ISSP Development and Implementation."

Authority: The Director of the Department of Mental Health (Department), pursuant to the authority set forth in sections 104 and 105 of the Department of Mental Health Establishment Amendment Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code § 7-1131.04 and 7-1131.05 ).