N.Y. Comp. Codes R. & Regs. tit. 14 § 815.5

Current through Register Vol. 46, No. 38, September 18, 2024

Section 815.5 - Patient rights

(a) Each patient has the following rights:

(1) to receive services responsive to individual needs in accordance with an individualized treatment/recovery plan, which the patient helps develop and periodically update;

(2) to receive services from provider staff who are competent, respectful of patient dignity and personal integrity, and in sufficient numbers to deliver needed services consistent with the requirements of the provider's operating certificate;

(3) to receive services in a therapeutic environment that is safe, sanitary, and free from the presence of addictive substances;

(4) to know the name, position, and function of any person providing treatment to the patient, and to communicate with the provider director, medical director, board of directors, other responsible staff or the Commissioner;

(5) to receive information concerning treatment, such as diagnosis, condition or prognosis in understandable terms, and to receive services requiring a medical order only after such order is executed by a medical provider working within their scope of practice;

(6) to receive information about provider services available on site or through referral, and how to access such services;

(7) to receive a prompt and reasonable response to requests for provider services, or a stated future time to receive such services in accordance with an individual treatment/recovery plan;

(8) to be informed of and to understand the standards that apply to their conduct, to receive timely warnings for conduct that could lead to discharge and to receive incremental interventions that are strengthbased, person centered and trauma-informed for conduct contrary to program rules;

(9) to receive in writing the reasons for a recommendation of discharge and to be informed of the process to appeal such discharge recommendation;

(10) to voice a grievance, file a complaint, or recommend a change in procedure or service to provider staff and/or the Office, free from intimidation, reprisal or threat;

(11) to examine, obtain a receipt, and receive an explanation of provider bills, charges, and payments, regardless of payment source;

(12) to receive a copy of the patient's records for a reasonable fee;

(13) to be free from physical, verbal or psychological abuse;

(14) to be treated by provider staff who are not under the influence of substances that would impair their ability to perform the duties stated in their job description;

(15) to be free from any staff or patient coercion, undue influence, intimate relationships and personal financial transactions;

(16) to be free from performing labor or personal services solely for provider or staff benefit, that are not consistent with treatment goals, and to receive compensation for any labor or employment services in accordance with applicable state and federal law; and

(17) the following rights apply to patients who reside in an inpatient/residential setting:

(i) to practice religion in a reasonable manner not inconsistent with treatment/recovery plans or goals and/or have access to spiritual counseling if available;

(ii) to communicate with outside persons in accordance with the individualized treatment/recovery plan;

(iii) to communicate freely with the Office, public officials, clergy, attorneys and other persons identified by the patient;

(iv) to receive visitors at reasonable times in relative privacy in accordance with the individualized treatment/recovery plan;

(v) to be free from restraint or seclusion;

(vi) to have a reasonable degree of privacy in living quarters and a reasonable amount of safe personal storage space;

(vii) to retain ownership of personal belongings, to the extent such belongings are not contrary to program rules; and

(viii) to have a balanced and nutritious diet.

(18) participants referred to a faith-based provider have the right to be given a referral to a non-faith based provider.

(19) Patients have the right to placement in gender segregated settings based on their gender identity or expression.

(20) Patients have the right to culturally appropriate and affirming care and to be free from harassment and/or discrimination in accordance with the factors outlined in paragraph (21) of this subdivision.

(21) Prohibition against discrimination in admission. No individual that meets level of care criteria for admission shall be denied admission to any program based solely on the following factors, including but not limited to:

(i) prior treatment history;

(ii) referral source;

(iii) pregnancy;

(iv) history of contact with the criminal justice system;

(v) HIV status;

(vi) physical or mental disability;

(vii) lack of cooperation by significant others in the treatment process;

(viii) toxicology test results;

(ix) use of any substance, including but not limited to, benzodiazepines; or

(x) use of medications for substance use disorder prescribed and monitored by an appropriate practitioner;

(xi) actual or perceived gender or gender identity;

(xii) national origin;

(xiii) race or ethnicity;

(xiv) actual or perceived sexual orientation;

(xv) marital status;

(xvi) military status;

(xvii) familial status; or

(xviii) religion; or

(xix) age.

(22) Patients have the following rights with regard to access to medication for addiction treatment:

(1) Medication for Addiction Treatment (MAT) for Substance Use Disorder.

(i) Patients have the right to be offered or maintained on all forms of approved medication for substance use disorder treatment when admitted or seeking admission to any Office certified program, in accordance with guidance issued by the Office.

(ii) Patients have the right to be educated about all forms of FDA approved medications for the treatment of substance use disorders, including the benefits, risks and alternatives.

(23) Overdose Prevention Education.

(i) Patients have the right to receive overdose prevention education and naloxone education and training, and a naloxone kit or prescription, in accordance with guidance issued by the Office.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 815.5

Adopted New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff.9/9/2015

Amended New York State Register April 10, 2019/Volume XLI, Issue 15, eff. 4/10/2019

Amended New York State Register February 16, 2022/Volume XLIV, Issue 07, eff. 2/16/2022

Amended New York State Register September 14, 2022/Volume XLIV, Issue 37, eff. 10/1/2022