Client's Rights

Clients have the rights indicated below:

1. The right to be treated with consideration and respect for personal dignity, autonomy, and privacy;
2. The right to service in a humane setting which is the least restrictive feasible as defined in the treatment plan;
3. The right to be informed of one’s own condition, of proposed or current services, treatment or therapies, and of the alternatives;
4. The right to be informed of available program services.
5. The client has the right to consent to or refuse any service, treatment or therapy upon full explanation of the expected physical, medical and/or agency consequence of such consent or refusal;
6. The right to a current, written, individualized service plan that addresses one’s own mental health, physical health, social and economic needs and that specifies the provision of appropriate and adequate services, as available, either directly or by referral;
7. The right to active and informed participation in the establishment, periodic review, and re-assessment of the service plan, and receive a copy of it;
8. The right to freedom from unnecessary or excessive medication;
9. The right to freedom from unnecessary restraint or seclusion;
10. The right to participate in any appropriate and available agency service, regardless of refusal of one or more other services, treatments, or therapies, or regardless of relapse from earlier treatment in that or another service, unless there is a valid and specific necessity which precludes and/or requires the client’s participation in other services. This necessity shall be explained to the client and written in the client’s current service plan;
11. The right to be informed of and the right to refuse any unusual or hazardous treatment procedures;
12. The right to be informed of and the right to refuse observation by others and techniques such as one-way mirrors, tape recorders, video recorders, televisions, movies, or photographs;
13. The right to consult with an independent treatment specialist or legal counsel at one’s own expense;
14. The right to confidentiality of communications and of all personally identifying information within the limitations and requirements for disclosure of various funding and/or certifying sources, under state or federal statutes, unless release of information is specifically authorized by the client or parent or guardian of a minor client or court-appointed guardian of the person of an adult client in accordance with Rule 5122:2-3-11 of the Administrative Code;
15. The right to have access to information in any agency record pertaining to oneself only, unless access to particular, identified items of information is specifically restricted for that individual client for clear treatment reasons.  Clear treatment reasons shall be understood to mean only severe emotional damage to the client such that dangerous or self-injurious behavior is an imminent risk.  The person restricting the information shall explain to the client and other persons authorized by the client, the factual information about the individual client that necessitates the restriction.  The restriction must be renewed at least annually to retain validity.  Any person authorized by the client has unrestricted access to all information.  Clients shall be informed in writing of agency policy and procedure for viewing or obtaining copies of personal records;
16. The right to be informed in advance of the reason(s) for discontinuance of service provision, and to be involved in planning for the consequences of that event;
17. The right to receive an explanation of the reasons for denial of service;
18. The right not to be discriminated against for receiving service on the basis of race, ethnicity, age, color, religion, race, sex, national origin, disability, or HIV infection, whether asymptomatic or symptomatic, or AIDS;
19. The right to know the cost of services;
20. The right to be fully informed of all client rights;
21. The right to exercise one’s own rights without reprisal in any form including continued and uncompromised access to service;
22. The right to file a grievance; and
23. The right to have oral and written instructions concerning the procedure for filing a grievance.

In addition to the established rights identified above, all clients have the right to freedom from humiliation and abuse/neglect.  The Agency will not tolerate sexual or unlawful harassment behaviors directed toward our clients.  The Agency will not tolerate actions, words, jokes, or comments (oral or written) based on an individual’s sex, race, ethnicity, age, religion, disability, or any other legally protected characteristic.  Clients who experience or witness any of these circumstances shall report them immediately to the Client’s Rights Officer.

All clients have the right to access information pertinent to the person served in sufficient time to facilitate his or her decision making

Clients have additional rights as they relate to their Protected Health Information (PHI) as follows:

1. The right to access their designated record set;
2. To request restrictions on uses or disclosures of their PHI;
3. To request that communications related to PHI be confidential;
4. To request amendment of their designated record set;
5. To receive accounting of disclosures of their PHI.

In addition to all of the rights specified above, the following rights are applicable to all residents of North Ridge Commons:

1. The right to a comfortable, welcoming, stable and supportive living environment in the residential facility;
2. The right to participate in the establishment of, have, the least restrictive policies, procedures, or house rules, commensurate with the comfort and safety of all residents;
3. The right to be informed of one’s own condition, the reason(s) for recommended residency in the facility, and the available alternatives to such residency;
4. The right to active and informed participation in identification and choice of personal care assistance and mental health services to be provided, as applicable to the type of licensed facility, and in the periodic review and reassessment of such provisions;
5. The right to consent or refuse residency in the residential facility and/or the provision of any individual personal care activity and/or mental health services;
6. The right to reside in a residential facility, as available and appropriate to the type of care or services that the facility is licensed to provide, regardless of previous residency, unless there is a valid and specific necessity which precludes such residency.  This necessity shall be documented and explained to the prospective resident;
7. The right to reasonable assistance from the facility, or a mental health service provider, that enables and facilitates personal growth and development toward less dependent and less restrictive living environments;
8. The right to freedom from any unusual or hazardous practices or activities;
9. The right to reasonable privacy and freedom from excessive intrusion by visitors, guests, and inspectors;
10. The right to reasonable privacy and freedom to meet with visitors, guests, or inspectors, make and/or receive phone calls, and write or receive uncensored, unopened correspondence;
11. The right to confidentiality of written information and communications;
12. The right to have access to all information in facility records about oneself; unless contraindicated and noted in the resident’s Individual Service Plan (ISP);
13. The right to receive thirty days prior notice for termination of residency, except in an emergency;
14. The right to vacate the facility at any time, except that the responsibility to pay for incurred costs for room and board shall continue unless appropriate notification has been provided to the facility concerning the termination of the residential agreement;
15. The right not to be discriminated against in the provision of any assistance, activity, or service on the basis of religion, race, color, disability, creed, sex, national origin, age or lifestyle;
16. The right to written specifications of charges, facility and resident obligations and responsibilities;
17. The right to compliance by the facility with all of the requirements for licensure;
18. The right to exercise any and all rights without reprisal in any form, including the right to continued residency.  Such rights shall not supersede health and safety considerations, and, for Type 1 facilities, the right to refuse mental health services shall not be a condition for denial of continued stay in the facility;
19. The right of access to one’s own bedroom or sleeping area at any time, unless contraindicated and noted in the resident’s ISP; and
20. The right to grieve, appeal, and have due process afforded for an alleged violation of any paragraph of this rule.

The Client’s Rights Officer is Michael Rodio, LISW, 24200 Chagrin Boulevard, Beachwood, Ohio 44122.  Mr. Rodio can be reached at (216) 831-6466, Extension 396.

The Client’s Rights Officer’s (CRO) responsibilities are:

1. To accept and oversee the process of any grievance or privacy complaint filed by a client or other person or agency on behalf of a client;
2. To assist the client or others on behalf of a client and give grievant information about his/her right to file a complaint with the U.S. Secretary of Health and Human Services;
3. To assist in investigating the grievance or privacy complaint on behalf of the client and, if appropriate, shall take all reasonable steps to mitigate the effects of any violation of PHI;
4. If the results of the investigation indicate that a workforce member made an unauthorized use or disclosure of PHI, or otherwise violated HIPAA Policies and Procedures, the CRO shall report such finding to the Local Privacy Officer, who must also report such finding to the workforce member’s supervisor.
5. To assist with providing agency representatives for the griever at any needed meeting with the President & CEO, or with the Board of Trustees, if desired by the griever; and
6. To assure that staff will explain any and all aspects of the client’s rights, and if requested, the grievance or complaint procedure.
7. To assure all grievances are reviewed as part of the Agency’s quality assurance/ continuous quality improvement system and that a record of the grievance that included the following elements is retained for minimum of two years and 6 years for any Privacy Complaints:

• A copy of the grievance or Privacy Complaint;
• A statement of resolution with dates on which the various steps of resolution were completed;
• An explanation of circumstances that account for extended resolution periods; and
• Quality improvements made as the result of this grievance.

8. There shall be no retaliation against any individual or person served, workforce member, or CRO for having filed or assisted in the filing of a complaint or grievance, or for investigating or acting on a complaint or grievance.
9. All employees shall receive training at the beginning of employment and annually, thereafter, regarding this procedure.

The Client’s Rights and Grievance Policy will be distributed to each client at the intake or next subsequent appointment, in writing and orally, if necessary.  In crisis or emergency situations, the client should at least be made aware of the right to refuse offered treatment and the consequence of that agreement or refusal and at the next meeting presented with written copy and verbal explanation of client’s rights.

A copy of the Client’s Rights and Grievance Policy shall be posted in a conspicuous place in the building.

Annually, the agency will convene a meeting of all staff to review with staff the agency’s Client’s Rights and Grievance Policy.  This will be done to assure that each staff person (including administration, clerical and support staff) shall be familiar with all client’s rights and the grievance procedure and their role in immediately advising any client or other person who is articulating a concern, complaint, or grievance about the name and availability of the agency’s Client’s Rights Officer and the complainant’s right to file a grievance.

Connections Grievance Procedure:  Any formal complaint, grievance or appeal brought forth by a client will not result in retaliation or barriers to service.

1. All clients shall have the right to file a complaint or grievance within a reasonable period of time from the date the incident occurred;
2. When filing a grievance, the person to contact is the Client’s Rights Officer, as referenced in this policy, ℅ Connections Health•Wellness•Advocacy, 24200 Chagrin Boulevard, Beachwood, Ohio 44122.  The telephone number is (216) 831-6466.  Hours of availability are 9:00 a.m. to 5:30 p.m., Monday through Friday.  Should the subject of the grievance be the Client’s Rights Officer, then the person to contact is the Chief Operating Officer, Timia Delprete-Brown, Ph.D., LPCC-S, at the same address and/or telephone number.
3. To assure proper documentation of the complaint or grievance and any resulting investigation and response:

• the complaint/grievance must be filed in writing.
• the complaint/grievance must be signed and dated by the client.
• the complaint/grievance should include the date, time, a description of the incident/situation, and the names of the individuals involved.
• The agency and/or the Client’s Rights Officer will assist the client or his/her representative in filing a grievance if needed; investigation of the complaint/grievance on behalf of the griever, and assure agency representatives for the griever at the agency hearings if desired by the griever.

4. The griever, or his/her representative, should contact the Client’s Rights Officer by letter or telephone stating the nature of the grievance.  A receipt of the grievance will be provided within three (3) working days of the written grievance.  This notice will include the following:

• Date the complaint/grievance was received;
• Summary of the complaint/grievance;
• A copy of this policy that includes an overview of this investigative process, timelines for investigation, notification of resolution and treatment provider contact name, address and phone number.

5. The Client’s Rights Officer will work with the supervisor toward resolving the complaint/grievance.  At the supervisor’s request, the Client’s Rights Officer may; act as intermediary in investigating complaints/grievances.  Note: regardless of whom conducts the investigation (supervisor or Client’s Rights Officer), the Client’s Rights Officer must still contact the complainant/grievant in accordance with Section 3 of this procedure.
6. The supervisor and Client’s Rights Officer shall make every effort to resolve the conflict.  AT the discretion of the supervisor, interviews may be conducted by either the supervisor or the Client’s Rights Officer with individuals who may have information relevant to the grievance or whose presence may help insure fair and equitable resolution of the conflict.
7. The Human Resource Generalist (as EEO Officer) shall be available to provide information and consultation on issues concerning clinical care and discrimination, respectively.
8. The client’s primary service provider will be consulted when resolution of the conflict could potentially result in changes to the client’s Individual Service Plan.
9. The supervisor and the Client’s Rights Officer shall document information revealed while investigating the complaint/grievance.  Summations of information obtained shall be forwarded to the Client’s Rights Officer for inclusion into his or her files.
10. Upon the agreement of the complainant/grievant and involved staff on a resolution of the conflict, the supervisor shall be responsible for composing a written summation of the outcome or resolution.  The supervisor’s signature must be on the final copy of the written summation.  The signed copy will be kept by the Client’s Rights Officer for inclusion in his or her files.
11. Should the supervisor initially involved in the complaint/grievance and the Client’s Rights Officer be unsuccessful in resolving a complaint/grievance, the next level of supervisor may be contacted by either the supervisor or the Client’s Rights Officer to assist in resolving the complaint/grievance.

• Resolution of the complaint/grievance will not exceed twenty-one (21) calendar days from the date the complaint/grievance is field.  If the resolution does not occur within twenty-one (21) calendar days, the need for the extension must be documented in the file and the client must receive written notice.  Should the Client’s Rights Officer’s efforts to resolve the issues be unacceptable to the griever, he/she will appeal the grievance to the President & CEO.

12. Within ten (10) working days from the receipt of the complaint/grievance, the griever will have an appointment with the President & CEO of the agency at which time a decision will be rendered.  The declaration will be written and a copy given to the griever or his/her representative.
13. If the griever is dissatisfied with the decision, he/she may appeal the decision at a meeting of the Board of Directors to be scheduled no later than thirty (30) days from the receipt of the President & CEO’s decision. A written copy of the decision will be given to the griever or representative.
14. Should the griever be dissatisfied with this decision, he/she may initiate a complaint with any or all of the agencies listed below. The griever may choose to initiate a complaint with any of the listed agencies at any time during this process:

• For clients receiving primarily mental health services from Connections Health•Wellness• Advocacy:

  Alcohol Drug Addiction and Mental Health Services Board (ADAMHS)

  2012 West 25th Street

  Cleveland, OH 44113 (216) 241-3400

   

  Ohio Department of Mental Health

  30 East Broad Street, Suite 1180

  Columbus, OH 43266-0414

  (614) 466-2596

   

  Ohio Legal Rights Service

  8 East Long Street, 5th Floor

  Columbus, OH 43266-0568

  (614) 466-7264

   

  Attorney General’s Office

  Medicaid Fraud Control Section

  30 East Broad Street, 17th Floor

  Columbus, OH 43266-0400

  (614) 466-4320

   

  Governor’s Office of Advocacy for People with Disabilities

  8 East Long Street, 7th Floor

  Columbus, OH 43266-0400

  (614) 466-9956

• For clients receiving primarily alcohol or drug treatment services from Connections Health•Wellness• Advocacy:

  Alcohol and Drug Addiction Services Board of Cuyahoga County

  1468 West 9th St., Suite 440

  Cleveland, OH 44113

  (216) 348-4830

   

  Ohio Department of Alcohol and Drug Addiction Services

  Two Nationwide Plaza, 12th Floor 280 North High St.

  Columbus, OH 43215

  (614) 466-3445

   

  Ohio Legal Rights Service

  8 East Long Street, 5th Floor

  Columbus, OH 43266-0568

  (614) 466-7264

   

  Attorney General’s Office

  Medicaid Fraud Control Section

  30 East Broad Street, 17th Floor

  Columbus, OH 43266-0400

  (614) 466-4320

   

  Governor’s Office of Advocacy for People with Disabilities

  8 East Long Street, 7th Floor

  Columbus, OH 43266-0400

  (614) 466-9956

• In addition, all clients of Connections may contact the following:

  Office for Civil Rights

  U.S. Department of Health and Human Services

  233 N. Michigan Ave., Suite 240

  Chicago, IL 60601

  Voice Phone: (312) 886-2359

  Fax: (312) 886-1807

  TDD: (312) 353-5693

   

  State of Ohio

  Counselor & Social Worker Board

  77 S. High Street

  Columbus, OH 43266-0329

  (614) 466-0912

   

  State of Ohio

  Medical Board

  77 S. Front Street

  Columbus, OH 43266

  (614) 466-3934

   

  Nursing Education, and Nurse Registration Board

  77 S. Front Street

  Columbus, OH 43266

  (614) 466-3947

   

  State Board of Psychology

  77South Front Street

  Columbus, OH 43266

  (614) 466-8808

15. Connections will, upon request of the griever or his/her representative, provide information about the grievance to any of the entities cited in 14. above.
16. The Client’s Rights Officer will maintain all documentation pertaining to the grievance for a period of two (2) years, unless the grievance includes violations of the HIPAA Privacy or Security Rules, in which case the documentation will be retained for a minimum of six (6) years.  The maintained documentation will include a copy of the grievance, documentation of the grievance resolution, and a copy of the letter to the grievant reflecting the resolution. This record will be available for review at the Agency upon request by:

• The Alcohol Drug Addiction and Mental Health Services Board;
• The Ohio Department of Mental Health; or
• The Ohio Department of Alcohol and Drug Addiction Services.