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Click
on the links below for information on Consumer Rights:
Human
Rights Guidelines
Privacy Notice
If
you have any questions or concerns, please do not hesitate to contact
Linda Wells of the Region Ten Office of Consumer Affairs at 434-972-1851.
Human
Rights Guidelines
Standard: 12 VAC 35-115-10 through 12 VAC 35-115-250
Effective: October, 1988
Revised: December, 2003
Policy:
It
is the policy of Region Ten Community Service Board to be
in compliance with the "Rules and Regulations to Assure
the Rights of Individuals Receving Services from Providers
of Mental Health, Mental Retardation, and Substance Abuse
Services" as outlines in 12-VAC 35-115-10 throught 12
VAC 35-115-250. Copies of these regulations are available
for review.
Consumer
Rights:
It
is the policy of the agency that all consumers will be assured
all rights as prescribed by law and as consistent with basic
human dignity. These rights are delineated in the Virginia
Code Section 37.1-84.1 and are described below.
| 1. |
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The
right to dignity, compassion, respect, and open communication
from staff |
| 2. |
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The
right to treatment regardless of race, religion, sex,
age, ethnic background, handicap, or ability to pay |
| 3. |
|
The
right to prompt evaluation and quality treatment by competent
staff |
| 4. |
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The
right to services appropriate to your needs and the resources
of the agency/community |
| 5. |
|
The
right to be informed, in an understandable manner, about
all aspects of the treatment plan, including the fee policy
and bills for services |
| 6. |
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The
right to an individual treatment plan and the right to
take an active part in development and review/modification |
| 7. |
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The
right to continued care from one service provider to another,
should additional services be needed |
| 8. |
|
The
right to be treated in the least restrictive setting consistent
with the condition and not be subjected to unnecessary
physical restraint, isolation, or medication. Restrictions
may be applied without prior notice in emergencies |
| 9. |
|
The
right to be informed about the risks, side effects, and
benefits of medication. Treatment or a specific part of
treatment may be refused unless ordered by a judge in
a formal court setting. |
| 10. |
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The
right to access their medical and treatment records consistent
with their condition and sound therapeutic judgement |
| 11. |
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The
right to be protected against the invasion of privacy,
including unwarranted disclosure of medical records, in
whole or in part |
| 12. |
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The
right to refuse the use of any audio-visual devices in
treatment to record or observe consumer activities; if
a consumer agrees to the use of such equipment, their
written, dated, and signed consent must be obtained |
| 13. |
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The
right, in residential programs, to a nutritionally adequate
diet, safe and sanitary housing, privacy in personal communication,
suitable clothing, possession of personal valuables and
resources, and observance of religious practices, so long
as these do not conflict with the law, or with the rights
of others |
| 14. |
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The
right to an impartial review of violations of these rights
and access to legal counsel |
| 15. |
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The
right to retain your basic legal rights, while receiving
services, including those to enter into contracts, to
register, to vote, to marry or divorce, to make a will,
to use the courts, and to be compensated for work which
the law deems appropriate |
| 16. |
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The
right to not be the subject of experiemental or investigational
research without the prior written and informed consent
or that or their legally authorized representative |
| 17. |
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The
right to be afforded an opportunity to have access to
consultation witha private physician at his/her own expense |
|
| Assurance
of Rights |
| |
| 1. |
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Each
program shall prominently post a poster stating the rights
of consumers and the means by which a consumer can contact
the regional advocate. |
| 2. |
|
At
Intake, each consumer will be given a brochure which summarizes
Region Ten's Human Rights Policy, the appeal process,
the name of the regional advocate, how to contact the
advocate, and a brief description of the role of the advocate.
The staff member on duty describes to the consumer what
his/her rights are under the Region Ten Human Rights Policy.
The Human Rights Acknowledgement Statement will be placed
in the consumer's record. |
| 3. |
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If
a consumer is unable to read the written notice of these
rights, the notice shall be read to the consumer. If a
consumer requires translation into sign language or into
a foreign language, this translation will be provided. |
| 4. |
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If
there is reason to believe that the consumer is unable
to comprehend the written notice of these rights, he shall
have such notice explained to him insofar as he is capable
of understanding. |
| 5. |
|
After
the consumer has been given a copy of the Welcome to Region
Ten brochure, the consumer or legally authorized representative,
if applicable, acknowledges in writing that he/she has
been informed of his/her rights by signing to Welcome
to Region Ten Acknowledgement and Consent to Treatment
form. |
| 6. |
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If
a consumer refuses to sign the statement or is unable
to acknowledge that he/she has been informed, the staff
person shall document that fact in the consumer's record.
| a) |
Annually,
the primary provider will review with each consumer
his/her rights. The consumer or legal guardian,
if applicable, will sign the Human Rights Acknowledgement
Statement and note the Review Date. |
| b) |
A
consumer or anyone who is acting on a consumer's
behalf, may take exception to an agency policy,
decision or action and has the right to appeal such
decision or complain about an action. Every individual
receving servies has a right to seek informal resolution
and file a human rights complaint, free from restraint,
interference, coercion, discrimination, or reprisal. |
|
Dignity:
| 1. |
It
is the policy of the agency to recognize, respect, support
and protect client dignity. |
| 2. |
Policies
and procedures are in place to assure the protection of
each individual’s rights. See Employee Code of Ethics
policy. |
| 3. |
Policies
and procedures are in place which govern harm, abuse,
neglect, and exploitation of individuals receiving services.
| a) |
As
a condition of employment or volunteering, any employee,
volunteer, consultant, or student who knows of or
has reason to believe that an individual may have
been abused, neglected, or exploited at any location
covered by these regulations shall immediately report
this information to the director. |
| b) |
See
Incident Reporting Policy for definition of abuse
and procedures for reporting. |
|
Services:
| 1. |
Each
individual receiving services shall receive those services
according to law and sound therapeutic practice. |
| 2. |
Region Ten policies prohibit discrimination on the basis
of race, religion, gender, age, national origin, disability,
sexual preference, or ability to pay. |
| 3. |
An
individual or anyone acting on
his/her behalf may voice a complaint if he believes that
his services have been limited or denied due to discrimination.
See Consumer Complaint policy. |
| 4. |
The
following policies and Procedures address emergencies:
| |
Incident
Reporting |
| |
Medical
Emergencies |
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Psychiatric
Emergencies |
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Emergency
Management |
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Emergency
Preparedness Plans |
|
Participation
in Decision Making:
| 1. |
Clients
rights are outlined in the Welcome to Region Ten brochure |
| 2. |
If
a client is thought to be unable to provide informed consent,
staff will follow the procedures outlined in the Legally
Authorized Representative policy |
Confidentiality:
| 1. |
It
is Region Ten policy that each individual is entitled
to have all information maintained or known about him
remain confidential. Each individual has a right to give
his consent before the provider shares information about
him or his care unless another law, federal regulation,
or the “Rules and Regulations to Assure the Rights
of Individuals Receiving Services from Providers of Mental
Health, Mental Retardation, and Substance Abuse Services”
specifically require or permit the provider to disclose
certain specific information. |
| 2. |
The
following polices are in place regarding confidentiality
of client records:
| a) |
Confidentiality
|
| b) |
Minimum
Necessary Rule |
| c) |
HIPAA
sanctions |
| d) |
Computing
Resource Usage |
| e) |
Electronic
Mail |
|
Access
to and Correction of Service Records:
See Confidentiality Policy, section Consumer Access to Records.
Restrictions
of Freedoms of Everyday Life:
Client
is entitled to enjoy all the freedoms of everyday life; receive
services in a setting and under conditions that are least
restrictive to his freedom; freedom that is in accord with
appropriate services, that protect the client and others,
and does not interfere with service provision to others. These
freedoms include the following:
| 1. |
Freedom
to move within the service setting, its grounds and the
community. |
| 2. |
Freedom
to communicate, associate, an meet privately with anyone
the individual chooses. |
| 3. |
Freedom
to have and spend personal money. |
| 4. |
Freedom
to see, hear, or receive television, radio, books, and
newspapers whether privately owned or in a library or
public area of the service setting. |
| 5. |
Freedom
to keep and use personal clothing and other personal items. |
| 6. |
Freedom
to use recreational facilities and enjoy the outdoors. |
| 7. |
Freedom
to make purchases in canteens, vending machines or stores
selling the basic selection of food and clothing. |
See
12 VAC 35-115-100 for details on provider duties, and exceptions
and conditions on the provider’s duties for details.
Use
of Seclusion, Restraint, and Time Out:
The following policies are in place regarding the use of seclusion,
restraint, and time out:
| a) |
Consumer
Discipline and Restraint |
| b) |
Incident
Reporting |
Work:
It is the policy of the agency that individuals receiving
services are considered for employment opportunities on an
equal basis with all others.
The agency follows guidelines of the Fair Labor Standards
Act when employing individuals who receive services.
Complaint
and Fair Hearing:
It is the policy of the Board that a consumer or anyone on
his behalf be given the opportunity to voice complaints, free
from restraint, interference, coercion, discrimination or
reprisal. Complaints may be voiced to Board employees, the
Local Human Rights Committee, the Regional Human Rights Advocate,
and/or the State Human Rights Committee in accordance with
the procedures outlined in the Consumer Complaint Policy.
Training:
Staff orientation includes a review of the Human Rights guidelines
and its applicable policies.
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Privacy
Notice
The Board shall provide every consumer or his legally authorized
representative if applicable, with a paper copy of the Privacy
Notice at the time of his first appointment or in an emergency
situation
as soon as reasonably practical after the emergency. This
notice informs consumers or Legally Authorized Representatives
if applicable, of the uses and /or disclosures of the consumers’
protected health information the agency is allowed to make,
the individual’s rights and the agencies responsibilities
with regard to protected health information in compliance
with the HIPAA Privacy Rule. Except in an emergency, the Board
shall make a good faith effort to obtain written acknowledgement
of the receipt of the notices by obtaining the consumer’s
signature on the Orientation to Services/Human Rights acknowledgement
form. The Board shall assure access by posting the Privacy
Notice in a clear and prominent location at each program site.
Consumers may request a Privacy Notice at any time during
their episode of care. Privacy Notices must be promptly revised,
distributed and posted at all service sites whenever there
is a revision. |
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