D.C. Mun. Regs. r. 22-A6320

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 22-A6320 - CLIENT RIGHTS AND PRIVILEGES, INCLUDING GRIEVANCES

6320.1

A program shall protect the following rights and privileges of each client:

(a) Right to be admitted and receive services in accordance with the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Code §§ 2-1401.01et seq.);

(b) Right to make choices regarding provider, treatment, medication, and advance directives, when necessary;

(c) Right to receive prompt evaluation, care, and treatment, in accordance with the highest quality standards;

(d) Right to receive services and live in healthy, safe, and clean place;

(e) Right to be evaluated and cared for in the least restrictive and most integrated environment appropriate to a client's needs;

(f) Right to participate in the treatment planning process, including decisions concerning treatment, care, and other services, and to receive a copy of the Plan of Care;

(g) Right to have records kept confidential;

(h) Right to privacy;

(i) Right to be treated with respect and dignity in a humane treatment environment;

(j) Right to be safe from harm and from verbal, physical, or psychological abuse;

(k) Right to be free of discrimination;

(l) Right to be paid commensurate wages for work performed in compliance with applicable Federal and District laws and regulations;

(m) Right to own personal belongings;

(n) Right to refuse treatment and/or medication;

(o) Right to give, not give, or revoke already-given consent to treatment, supports, and/or release of information;

(p) Right to give, not give, or revoke informed, voluntary, written consent of the client or a person legally authorized to act on behalf of the client to participate in research; the right to protection associated with such participation; and the right and opportunity to revoke such consent;

(q) Right to be informed, in advance, of charges for services;

(r) Right to be afforded the same legal rights and responsibilities as any other citizen, unless otherwise stated by law;

(s) Right to request and receive documentation on the performance track record of a program with regard to treatment outcomes and success rates;

(t) Right to provide feedback on treatment and RSS, including evaluation of providers;

(u) Right to assert grievances with respect to infringement of these rights, including the right to have such grievances considered in a fair, timely, and impartial manner;

(v) Right to receive written and oral information on client rights, privileges, program rules, and grievance procedures in a language understandable to the client;

(w) Right to access services that are culturally appropriate, including the use of adaptive equipment, sign language, interpreter, or translation services, as appropriate; and

(x) Right to vote.

6320.2

A program shall post conspicuously a statement of client rights, program rules, and grievance procedures. The grievance procedures must inform clients that they may report any violations of their rights to the Department and shall include the telephone numbers of the Department and any other relevant agencies for the purpose of filing complaints.

6320.3

At the time of admission to a program, staff shall explain program rules, client rights, and grievance procedures. Program staff shall document this explanation by including a form, signed by the client and witnessed by the staff person, in the client's record.

6320.4

A program shall develop and implement written grievance procedures to ensure a prompt, impartial review of any alleged or apparent incident of violation of rights or confidentiality. The procedures shall be consistent with the principles of due process and Department requirements, and shall include but not be limited to:

(a) Reporting the allegation or incident to the Department within twenty- four (24) hours of it coming to the attention of program staff;

(b) Completing the investigation of any allegation or incident within thirty (30) calendar days;

(c) Providing a copy of the investigation report to the Department within twenty-four (24) hours of completing the investigation of any complaint; and

(d) Cooperating with the Department with any inquiries or investigations related to alleged violations of clients' rights conducted by Department staff.

6320.5

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 SUD services. The Department shall provide local-only beneficiaries the same Notice and Appeal rights as those provided to Medicaid beneficiaries in 29 DCMR § 9508.

6320.6

The provider shall give the client or legal guardian a written statement concerning client's rights and responsibilities ("Client's Rights Statement") in the program. The client or guardian shall sign the statement attesting to his or her understanding of these rights and responsibilities as explained by the staff person who shall witness the client's or guardian's signature. This document shall be placed in the client's record.

D.C. Mun. Regs. r. 22-A6320

Final Rulemaking published at 62 DCR 12056 (9/4/2015); amended by Final Rulemaking published at 67 DCR 11585 ( 10/9/2020 ).