Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Recipients admitted to a Mental Health Outpatient Treatment and Rehabilitative
Service program certified pursuant to this Part are entitled to the rights
defined in this subdivision. A provider of service shall be responsible for
ensuring the protection of these rights.
(1)
Recipients have the right to an individualized plan of treatment services and
to participate to the fullest extent consistent with the recipients' capacity
in the establishment and revision of that plan.
(2) Recipients have the right to a full
explanation of the services provided in accordance with their treatment
plan.
(3) Participation in
treatment in a Mental Health Outpatient Treatment and Rehabilitative Service
program is voluntary and recipients are presumed to have the capacity to
consent to such treatment. The right to participate voluntarily in and to
consent to treatment shall be limited only pursuant to a court order or in
accordance with applicable provisions of law.
(4) While a recipient's full participation in
treatment is a central goal, a n individual/guardian's objection to their
treatment plan, or disagreement with any portion thereof, shall not, in and of
itself, result in their termination from the program unless such objection
renders continued participation in the program clinically inappropriate or
would endanger the safety of the individual or others.
(5) The confidentiality of recipients'
clinical records shall be maintained in accordance with applicable State and
Federal laws and regulations, which may include, but are not limited to section 33.13 of the Mental Hygiene Law,
article 27-F of the Public Health Law, the Health Insurance Portability and
Accountability Act (HIPAA), and 42 CFR part 2.
(6) Recipients shall be assured access to
their clinical records, including their mental illness diagnosis, consistent
with section 33.16 of the Mental Hygiene Law
and applicable Federal requirements.
(7) Recipients 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.
(8)
Recipients have the right to receive services in such a manner as to ensure
nondiscrimination.
(9) Recipients
have the right to be treated in a way that acknowledges and respects their
cultural environment including the provision of language assistance services at
no cost to the Individual and/or collaterals and shall make all necessary
documents available in the recipient's preferred language.
(10) Recipients have the right to a
reasonable degree of privacy consistent with the effective delivery of
services.
(11) Recipients have the
right to freedom from abuse and mistreatment by employees.
(12) Recipients have the right to be informed
of the provider's grievance policies and procedures, and to initiate any
question, complaint or objection accordingly.
(b) A provider of service shall provide a
notice of recipients' rights as described in subdivision (a) of this section to
each individual upon admission to a Mental Health Outpatient Treatment and
Rehabilitative Service 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 Justice Center, the
nearest regional office of the Protection and Advocacy for Mentally Ill
Individuals Program, the nearest chapter of the Alliance on Mental Illness of
New York State and the Office of Mental Health.
