D.C. Mun. Regs. r. 22-A8019

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

Rule 22-A8019 - INDIVIDUALS' RIGHTS AND PRIVILEGES, INCLUDING GRIEVANCES

8019.1

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

(a) Right to be admitted and receive services in accordance with the District of Columbia Human Rights Act;

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

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

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

(e) Right to be evaluated and cared for in the least restrictive and most integrated environment appropriate to an individual'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 own personal belongings;

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

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

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

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

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

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

(s) Right to provide feedback on services and supports, including evaluation of providers;

(t) 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;

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

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

(w) Right to vote.

8019.2

A provider shall conspicuously post a statement of individual rights, program rules, and grievance procedures. The grievance procedures must inform individuals 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.

8019.3

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

8019.4

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) The completion of 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 in completion of any inquiries related to individuals' rights conducted by Department staff.

8019.5

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

D.C. Mun. Regs. r. 22-A8019

Final Rulemaking published at 68 DCR 1623 (2/5/2021)