Current through Reg. 50, No. 187; September 24, 2024
(1) Individual
Rights. Individuals applying for or receiving services for substance use
disorders are guaranteed the protection of fundamental human, civil,
constitutional, and statutory rights, including those specified in subsections
397.501(1)-(10),
F.S.
(a) Provisions. Basic individual rights
shall include:
1. Provisions for informing the
individual, family member, or authorized guardian of their rights and
responsibilities, assisting in the exercise of those rights, and an accessible
grievance system for resolution of conflicts;
2. Provisions assuring that a grievance may
be filed for any reason with cause;
3. The prominent posting of notices informing
individuals of the grievance system;
4. Access to grievance submission
forms;
5. Education of staff in the
importance of the grievance system and individual rights;
6. Specific levels of appeal with
corresponding time frames for resolution;
7. Timely receipt of a filed
grievance;
8. The logging and
tracking of filed grievances until resolved or concluded by actions of the
provider's governing board;
9.
Written notification of the decision to the appellant; and
10. Analysis of trends to identify
opportunities for improvement.
(b) Providing Information to Affected
Parties. Notification to all parties of these rights shall include affirmation
of an organizational non-relationship policy that protects a party's right to
file a grievance or express their opinion and invokes applicability of state
and federal protections. Providers shall post the number of the abuse hotline,
Disability Rights Florida, and the regional Office of Substance Abuse and
Mental Health in a conspicuous place within each facility and provide a copy to
each individual receiving services.
(c) Implementation of Individual Rights
Requirements by Department of Corrections and Department of Management
Services. In lieu of the requirements of this subsection, the rights of
individuals in Substance Abuse Programs:
1.
Operated by the Department of Corrections shall be protected by the policies
and procedures established by the Department of Corrections.
2. Under contract with the Department of
Management Services shall be protected by the terms of the
contract.
(2)
Individual Employment. Providers shall ensure that all work performed on behalf
of the provider by an individual receiving services is voluntary, justified by
the treatment plan, and that all wages, if any, are in accordance with
applicable wage and disability laws and regulations.
Rulemaking Authority
397.321(5) FS.
Law Implemented 397.321,
397.4014,
397.410,
397.501
FS.
New 8-29-19.
