WAC 388-865-0410   Consumer rights.  (1) The provider must document that consumers, prospective consumers, or legally responsible others are informed of consumer rights at admission to community support services in a manner that is understandable to the individual. Consumer rights must be written in alternative format for consumers who are blind or deaf, and must also be translated to the most commonly used languages in the service area consistent with WAC 388-865-0260(3);

     (2) The provider must post a written statement of consumer rights in public areas, with a copy available to consumers on request. Providers of telephone only services (e.g., crisis lines) must post the statement of consumer rights in a location visible to staff and volunteers during working hours;

     (3) The provider must develop a statement of consumer rights that incorporates the following statement or a variation approved by the mental health division: "You have the right to:

     (a) Be treated with respect, dignity and privacy;

     (b) Develop a plan of care and services which meets your unique needs;

     (c) The services of a certified language or sign language interpreter and written materials and alternate format to accommodate disability consistent with Title VI of the Civil Rights Act;

     (d) Refuse any proposed treatment, consistent with the requirements in chapters 71.05 and 71.34 RCW;

     (e) Receive care which does not discriminate against you, and is sensitive to your gender, race, national origin, language, age, disability, and sexual orientation;

     (f) Be free of any sexual exploitation or harassment;

     (g) Review your clinical record and be given an opportunity to make amendments or corrections;

     (h) Receive an explanation of all medications prescribed, including expected effect and possible side effects;

     (i) Confidentiality, as described in chapters 70.02, 71.05, and 71.34 RCW and regulations;

     (j) All research concerning consumers whose cost of care is publicly funded must be done in accordance with all applicable laws, including DSHS rules on the protection of human research subjects as specified in chapter 388-04 WAC;

     (k) Make an advance directive, stating your choices and preferences regarding your physical and mental health treatment if you are unable to make informed decisions;

     (l) Appeal any denial, termination, suspension, or reduction of services and to continue to receive services at least until your appeal is heard by a fair hearing judge;

     (m) If you are medicaid eligible, receive all services which are medically necessary to meet your care needs. In the event that there is a disagreement, you have the right to a second opinion from:

     (i) A provider within the regional support network about what services are medically necessary; or

     (ii) For consumers not enrolled in a prepaid health plan, a provider under contract with the mental health division.

     (n) Lodge a complaint with the ombuds, regional support network, or provider if you believe your rights have been violated. If you lodge a complaint or grievance, you must be free of any act of retaliation. The ombuds may, at your request, assist you in filing a grievance. The ombuds' phone number is:__________;

     (o) Ask for an administrative hearing if you believe that any rule in this chapter was incorrectly applied in your case."



[Statutory Authority: RCW 71.05.560, 71.24.035, 71.34.380, and 74.08.090. 09-02-030, § 388-865-0410, filed 12/30/08, effective 1/30/09. Statutory Authority: RCW 71.05.560, 71.24.035 (5)(c), 71.34.800, 9.41.047, 43.20B.020, and43.20B.335 . 01-12-047, § 388-865-0410, filed 5/31/01, effective 7/1/01.]