New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 815 - Patient Rights
Section 815.5 - Patient rights

(1) to receive services responsive to individual needs in accordance with an individualized treatment/recovery plan, which the patient helps develop and periodically update;

(2) to receive services from provider staff who are competent, respectful of patient dignity and personal integrity, and in sufficient numbers to deliver needed services consistent with the requirements of the provider's operating certificate;

(3) to receive services in a therapeutic environment that is safe, sanitary, and free from the presence of addictive substances;

(4) to know the name, position, and function of any person providing treatment to the patient, and to communicate with the provider director, medical director, board of directors, other responsible staff or the Commissioner;

(5) to receive information concerning treatment, such as diagnosis, condition or prognosis in understandable terms, and to receive services requiring a medical order only after such order is executed by a medical provider working within their scope of practice;

(6) to receive information about provider services available on site or through referral, and how to access such services;

(7) to receive a prompt and reasonable response to requests for provider services, or a stated future time to receive such services in accordance with an individual treatment/recovery plan;

(8) to be informed of and to understand the standards that apply to their conduct, to receive timely warnings for conduct that could lead to discharge and to receive incremental interventions that are strengthbased, person centered and trauma-informed for conduct contrary to program rules;

(9) to receive in writing the reasons for a recommendation of discharge and to be informed of the process to appeal such discharge recommendation;

(10) to voice a grievance, file a complaint, or recommend a change in procedure or service to provider staff and/or the Office, free from intimidation, reprisal or threat;

(11) to examine, obtain a receipt, and receive an explanation of provider bills, charges, and payments, regardless of payment source;

(12) to receive a copy of the patient's records for a reasonable fee;

(13) to be free from physical, verbal or psychological abuse;

(14) to be treated by provider staff who are not under the influence of substances that would impair their ability to perform the duties stated in their job description;

(15) to be free from any staff or patient coercion, undue influence, intimate relationships and personal financial transactions;

(16) to be free from performing labor or personal services solely for provider or staff benefit, that are not consistent with treatment goals, and to receive compensation for any labor or employment services in accordance with applicable state and federal law; and

(17) the following rights apply to patients who reside in an inpatient/residential setting:

(18) participants referred to a faith-based provider have the right to be given a referral to a non-faith based provider.

(19) Patients have the right to placement in gender segregated settings based on their gender identity or expression.

(20) Patients have the right to culturally appropriate and affirming care and to be free from harassment and/or discrimination in accordance with the factors outlined in paragraph (21) of this subdivision.

(21) Prohibition against discrimination in admission. No individual that meets level of care criteria for admission shall be denied admission to any program based solely on the following factors, including but not limited to:

(22) Patients have the following rights with regard to access to medication for addiction treatment:

(23) Overdose Prevention Education.