West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-11 - Medication-Assisted Treatment - Opioid Treatment Programs
Section 69-11-19 - Patient Rights
Universal Citation: 69 WV Code of State Rules 69-11-19
Current through Register Vol. XLI, No. 38, September 20, 2024
19.1. Each MAT program shall develop and implement policies and procedures which guarantee the following rights to patients:
19.1.a. To be
informed, both verbally and in writing, of program rules and regulations and
patient's rights and responsibilities. The rights and responsibilities shall be
posted prominently and reviewed with the patient at admission, at the end of a
stabilization period, at the time of an annual treatment review and at any time
that changes in the rights and responsibilities occur;
19.1.b. To receive treatment provided in a
fair and impartial manner free from unlawful discriminatory practices pursuant
to W. Va. Code §
5-11-9.
19.1.c. To receive an individualized
treatment plan of care developed according to guidelines established by a
nationally recognized authority and approved by the Secretary. The
individualized treatment plan of care shall include a recovery model, shall be
reviewed periodically by the interdisciplinary team, and shall be maintained in
the patient's chart;
19.1.d. To
receive medications required by the individualized treatment plan of care on a
schedule developed in accordance with applicable federal requirements and
approved guidelines and protocols and that is the most accommodating and least
intrusive and disruptive method of treatment for most patients;
19.1.e. To be informed that random drug
testing of all patients shall be conducted during the course of treatment as
required by paragraph 34.2.d.1., and that any refusal to participate in a
random drug test shall be considered a positive test. The patient shall be
informed of the consequences of having a positive drug screen result;
19.1.f. To be entitled to participate in a
MAT program that provides an adequate number of competent, qualified and
experienced professional staff to implement and supervise the individualized
treatment plan of care;
19.1.g. To
be informed about potential interactions with and adverse reactions to other
substances, including alcohol, other prescribed medications, over-the-counter
pharmacological agents, other medical procedures, and food;
19.1.h. To be informed about the financial
aspects of treatment, including the consequences of nonpayment of required
fees;
19.1.i. To be given a copy of
the initial assessment, written acceptance into the program; or, in the case of
denial of admission, a full explanation as to the basis of the denial, and a
referral to another MAT program based upon the results of the initial
assessment;
19.1.j. To
confidentiality in accordance with federal regulations, 42 C.F.R. Part 2 , and
the Health Insurance Portability and Accountability Act of 1996, as
amended;
19.1.k. To be informed of
the extent of confidentiality, including the conditions under which information
can be released without consent, the use of identifying information for the
purposes of program evaluation, billing and statutory requirements for
reporting abuse;
19.1.l. To give
informed consent prior to being involved in research projects and the right to
retain a copy of the informed consent form;
19.1.m. To full disclosure of information
about treatment and medication, including accommodation for those who do not
speak English, or who are otherwise unable to read an informed consent form;
and
19.1.n. The patient, as well as
the staff and the public, are entitled to protection from other patients who
act out. The program shall attempt to determine the cause of that behavior so
that an appropriate referral to an alternative method of care can be
made.
19.2. The MAT program shall have patient grievance procedures which shall be displayed in the patient care area in a conspicuous place and easily available to patients. They should include program rules, consequences of noncompliance and procedures for filing a complaint or grievance. The procedures shall inform the patients of the following:
19.2.a. The right of a patient
to express verbally or in writing his or her dissatisfaction with or complaints
about treatment received;
19.2.b.
The right of a patient to initiate grievance procedures without fear of
reprisal;
19.2.c. The right of a
patient to be informed of the grievance procedure in a manner that can be
understood by the patient; and
19.2.d. The right of a patient to receive a
decision in writing with the reasoning articulated.
19.3. Administrative withdrawal shall be used only as a sanction of last resort. It is the responsibility of the program to make every attempt before a patient is discharged to accommodate the patient's desire to be referred to an alternative treatment program as appropriate.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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