D.C. Mun. Regs. r. 22-A6508

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

Rule 22-A6508 - CLIENT/CONSUMER RIGHTS AND PROTECTIONS

6508.1

Each transition planning provider shall establish and adhere to policies and procedures related to client/consumer rights and protections, including obtaining informed consent from clients/consumers and addressing complaints and grievances (Client/ConsumerRights Policy). The transition planning provider shall ensure that the Client/Consumer Rights Policy establishes requirements for compliance with all applicable Federal and District laws and regulations, including but not limited to:

(a) 22-A DCMR Chapter 1, 22-A DCMR § 301.3, and 22-A DCMR § 306, when rendering services to individuals with a primary mental health diagnosis; and

(b) 22-A DCMR §§ 6320.1(a) through 6320.1(k), 6320.1(n) through 6320.1(w), 6320.2 through 6320.4, and 6320.6 when rendering services to clients with a primary SUD diagnosis.

6508.2

Each transition planning provider shall establish and adhere to policies and procedures to ensure clients'/consumers' right to access services that are culturally appropriate, including through use of adaptive equipment or sign language interpreter or translation services, as appropriate (Language Access Policy). The policy shall comply with the Americans with Disabilities Act of 1990 and Amendment Act of 2010, 42 U.S.C. §§ 12101, et seq. and the Language Access Act, D.C. Code §§ 2-1931, et seq.

6508.3

Atransition planning provider shall develop and adopt a "Client/Consumer Choice Policy," which shall establish policies and procedures governing how:

(a) Clients/consumers shall be informed of the full choices of the following providers and how to access them:

(1) Transition planning providers, and

(2) Post-discharge providers for needed treatment services identified during the discharge planning process; and

(b) A provider shall accommodate a client/consumer request to receive the transition planning service from a different staff member, if available and to the extent feasible.

6508.4

Medicaid beneficiaries are entitled to Notice and Appeal rights pursuant to Title 29 DCMR § 9508 in cases of intended adverse action, such as an action to deny, discontinue, terminate, or change the manner or form of the Medicaid- funded transition planning service.

6508.5

The following provider policies shall be submitted to the Department for review and approval during the certification and recertification process:

(a) Client/Consumer Rights Policy;

(b) Language Access Policy. Providers who are:

(1) MHRS providers may submit their MHRS "Language Access Policy" to demonstrate compliance, if the provider extends the policy to apply to the transition planning service; and

(2) FSMCHs may submit their "Interpreter Policy" to demonstrate compliance, if the provider extends the policy to apply to the transition planning service; and

(c) Client/Consumer Choice Policy.

D.C. Mun. Regs. r. 22-A6508

Final Rulemaking published at 68 DCR 876 (1/15/2021)