Arizona Administrative Code
Title 9 - HEALTH SERVICES
Chapter 21 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM (AHCCCS) BEHAVIORAL HEALTH SERVICES FOR PERSONS WITH SERIOUS MENTAL ILLNESS
Article 2 - RIGHTS OF PERSONS WITH SERIOUS MENTAL ILLNESS
Section R9-21-202 - Right to Support and Treatment
Universal Citation: AZ Admin Code R 9-21-202
Current through Register Vol. 30, No. 52, December 27, 2024
A. A client has the following rights with respect to the client's support and treatment:
1. The right to behavioral health services or
community services:
a. Under conditions that
support the client's personal liberty and restrict personal liberty only as
provided by law or in this Chapter;
b. From a flexible service system that
responds to the client's needs by increasing, decreasing and changing services
as needs change;
c. Provided in a
way that:
i. Preserves the client's human
dignity;
ii. Respects the client's
individuality, abilities, needs, and aspirations without regard to the client's
psychiatric condition;
iii.
Encourages the client's self-determination, freedom of choice, and
participation in treatment to the client's fullest capacity;
iv. Ensures the client's freedom from the
discomfort, distress and deprivation that arise from an unresponsive and
inhumane environment;
v. Protects
and promotes the client's privacy, including an opportunity whenever possible
to be provided clearly defined private living, sleeping and personal care
spaces; and
vi. Maximizes
integration of the client into the client's community through services which
are located in residential neighborhoods, rely as much as possible on generic
support services to provide training and assistance in ordinary community
experiences, and utilize specialized mental health programs that are situated
in or near generic community services;
vii. Offers the client humane and adequate
support and treatment that is responsive to the client's needs, recognizes that
the client's needs may vary, and is capable of adjusting to the client's
changing needs; and
d.
That provide the client with an opportunity to:
i. Receive services that are adequate,
appropriate, consistent with the client's individual needs, and least
restrictive of the client's freedom;
ii. Receive treatment and services that are
culturally sensitive in structure, process and content;
iii. Receive services on a voluntary basis to
the maximum extent possible and entirely if possible;
iv. Live in the client's own home;
v. Undergo normal experiences, even though
the experiences may entail an element of risk, unless the client's safety or
well-being or that of others is unreasonably jeopardized; and
vi. Engage in activities and styles of
living, consistent with the client's interests, which encourage and maintain
the integration of the client into the community.
2. The right to ongoing
participation in the planning of services as well as participation in the
development and periodic revision of the individual service plan;
3. The right to be provided with a reasonable
explanation of all aspects of one's condition and treatment;
4. The right to give informed consent to all
behavioral health services and the right to refuse behavioral health services
in accordance with A.R.S. §§
36-512 and
36-513, except as provided for in
A.R.S. §§
36-520 through
36-544 and
13-3994;
5. The right not to participate in
experimental treatment without voluntary, written informed consent; the right
to appropriate protection associated with such participation; and the right and
opportunity to revoke such consent;
6. The right to a humane treatment
environment that affords protection from harm, appropriate privacy, and freedom
from verbal or physical abuse;
7.
The right to enjoy basic goods and services without threat of denial or delay.
For residential service providers, these basic goods and services include at
least the following:
a. A nutritionally sound
diet of wholesome and tasteful food available at appropriate times and in as
normal a manner as possible;
b.
Arrangements for or provision of an adequate allowance of neat, clean,
appropriate, and seasonable clothing that is individually chosen and
owned;
c. Assistance in securing
prompt and adequate medical care, including family planning services, through
community medical facilities;
d.
Opportunities for social contact in the client's home, work or schooling
environments;
e. Opportunities for
daily activities, recreation and physical exercise;
f. The opportunity to keep and use personal
possessions; and
g. Access to
individual storage space for personal possessions;
8. The right to be informed, in advance, of
charges;
9. The right to a
continuum of care in a unified and cohesive system of community services that
is well integrated, facilitates the movement of clients among programs, and
ensures continuity of care;
10. The
right to a continuum of care that consists of, but is not limited to, clinical
case management, outreach, supportive housing and residential services, crisis
intervention and resolution services, mobile crisis teams, vocational training
and opportunities, day treatment, rehabilitation services, peer support, social
support, recreation services, advocacy, family support services, outpatient
counseling and treatment, transportation, and medication evaluation and
maintenance;
11. The right to a
continuum of care with programs that offer different levels of intensity of
services in order to meet the individual needs of each client;
12. The right to appropriate mental health
treatment, based on each client's individual and unique needs, and to those
community services from which the client would reasonably benefit;
13. The right to community services provided
in the most normal and least restrictive setting, according to the least
restrictive means appropriate to the client's needs;
14. The right to clinical case management
services and a case manager. The clinical team negotiates and oversees the
provision of services and ensures the client's smooth transition with service
providers and among agencies;
15.
The right to participate in treatment decisions and in the development and
implementation of the client's ISP, and the right to participate in choosing
the type and location of services, consistent with the ISP;
16. The right to prompt consideration of
discharge from an inpatient facility and the identification of the steps
necessary to secure a client's discharge as part of an ISP;
17. The rights prescribed in Articles 3 and 4
of this Chapter, including the right to:
a. A
written individual service plan;
b.
Assert grievances; and
c. Be
represented by a qualified advocate or other designated representative of the
client's choosing in the development of the ISP and the inpatient treatment and
discharge plan and in the grievance process, in order to understand, exercise
and protect the client's rights.
B. Subsection (A) shall not be construed to confer constitutional or statutory rights not already present.
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