Current through Register Vol. 18, September 20, 2024
(1) The substance
use disorder residential facility (SUDF) must develop and maintain a client
rights policy that supports and protects the state and federal constitutional
and statutory rights, including civil rights, of all clients. These must
include the right to:
(a) receive treatment
free of unlawful discrimination;
(b) receive reasonable accommodations,
consistent with federal and state law;
(c) receive treatment in the least
restrictive environment, consistent with law, in a manner sensitive to
individual needs and which promotes dignity and self-respect;
(d) haveclinical and personal information
treated in accordance with state and federal statutes and
regulations;
(e) the opportunity to
review their own treatment records in the presence of the administrator or
designee, consistent with
45 CFR
164.524 and other state and federal
confidentiality statutes and regulations;
(f) be fully informed of fees charged,
including fees for copying records to verify treatment and methods of payment
available;
(g) be free from abuse,
neglect, and financial exploitation by staff members or clients;
(h) have grievances considered in a fair and
timely manner, with respect to infringements of rights described in this rule;
(i) educational services provided
to adolescents within inpatient/residential settings in accordance with Montana
state law;
(j) client orientation
to SUDF rules, responsibilities, and any sanctions that may be imposed for
failure to comply with the SUDF rules;
(k) reasonable visitation and access to
telephone communication within inpatient/residential settings;
(l) send and receive mail within
inpatient/residential settings;
(m)
regular physical exercise several times per week within inpatient/residential
settings; and
(n) be given a 30-day
notice in the event of a SUDF closure or treatment service cancellation and:
(i) provided assistance with relocation into
similar treatment services, if available;
(ii) be given refunds to which the client is
entitled; and
(iii) be advised how
to access records to which the client is
entitled.
(2)
The SUDF must inform each client and his or her representative, in an
understandable manner, of the rights policy, treatment methods, and rules
applicable to the client, at the time of admission or as soon thereafter as the
client is capable of rational communication.
(3) The client and staff member reviewing the
policy must sign a statement acknowledging the review. The statement must be
maintained in the client's record.
(4) The SUDF must post a copy of clients'
rights in a conspicuous place in the facility accessible to clients and staff
members.
AUTH:
50-5-103,
53-24-208,
MCA; IMP:
50-5-101,
50-5-103,
53-24-306,
76-2-411,
MCA
