Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Individuals participating in a PROS program certified pursuant to this Part are
entitled to the rights defined in this subdivision. A provider of service shall
be responsible for the protection of these rights.
(1) Individuals participating in a PROS
program have the right to an individualized recovery plan and to participate to
the fullest extent consistent with his or her capacity in the establishment and
revision of that plan.
(2)
Individuals have the right to a full explanation of the services provided in
accordance with their IRP.
(3)
Participation in a PROS program is voluntary and individuals are presumed to
have the capacity to consent to such participation. The right to participate
voluntarily in and to consent to participation in a PROS program shall be
limited only pursuant to a court order in accordance with applicable provisions
of law.
(4) The confidentiality of
individuals' clinical records shall be maintained in accordance with section 33.13 of the Mental Hygiene Law and
applicable Federal law and regulations.
(5) PROS participants and other qualified
persons shall be assured access to their clinical records consistent with
section 33.16 of the Mental Hygiene Law and
applicable Federal law and regulations.
(6) Individuals have the right to receive
clinically appropriate care and treatment that is suited to their needs and
skillfully, safely and humanely administered with full respect for their
dignity and personal integrity.
(7)
Individuals have the right to receive services in a non-discriminatory manner,
and to be treated in a way that acknowledges and respects their cultural
environment.
(8) Individuals have
the right to a maximum amount of privacy consistent with the effective delivery
of services.
(9) Individuals have
the right to freedom from abuse and mistreatment by staff.
(10) Individuals have the right to be
informed of the provider's grievance policies and procedures, and to initiate
any questions, complaints or objections accordingly.
(b) A provider of service shall provide a
notice of rights as described in subdivision (a) of this section to each
individual upon admission to a PROS program. Such notice shall be provided in
writing and posted in a conspicuous location easily accessible to the public.
The notice shall include the address and telephone number of the Commission on
Quality of Care and Advocacy for Persons with Disabilities, the nearest
regional office of the Protection and Advocacy for Individuals with Mental
Illness Program, the nearest chapter of the National Alliance for Individuals
with Mental Illness- New York State, the local governmental unit, and the
Office of Mental Health.
