Current through Register Vol. XLI, No. 38, September 20, 2024
17.1. Each
OBMAT program shall develop and implement policies and procedures which
guarantee the following rights to patients:
17.1.1. To be informed, both verbally and in
writing, of program rules and regulations and patients' rights and
responsibilities;
17.1.2. To
receive treatment provided in a fair and impartial manner free from unlawful
discriminatory practices pursuant to W. Va. Code §5-11-9, including the right of a
patient to choose a counselor who accepts the patient's insurance;
17.1.3. To receive an individualized plan of
care or treatment strategy. The individualized plan of care or treatment
strategy shall be maintained in the patient's chart;
17.1.4. To receive medications required by
the individualized plan of care or treatment strategy on a schedule developed
in accordance with applicable federal requirements and approved guidelines and
protocols that is the most accommodating and least intrusive and disruptive
method of treatment for most patients;
17.1.5. To be informed that random drug
testing of all patients shall be conducted during the course of treatment as
required in this rule, 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;
17.1.6. 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;
17.1.7. To be informed about the financial
aspects of treatment, including the consequences of nonpayment of required
fees;
17.1.8. To ensure
confidentiality in accordance with federal regulations, 42 C.F.R. Part 2, and
the Health Insurance Portability and Accountability Act of 1996, as
amended;
17.1.9. 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
purpose of program evaluation, billing, and statutory requirements for
reporting abuse;
17.1.10. To give
informed consent prior to being involved in research projects and the right to
retain a copy of the informed consent form;
17.1.11. To receive 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
17.1.12. Inform
each patient about all treatment procedures, services, and other policies and
procedures throughout the course of treatment.
17.2. The OBMAT program shall provide notice
of how to file a complaint and grievance procedures which shall be displayed in
the patient care area in a conspicuous place and easily available to patients.
The notice should include program rules, consequences of noncompliance and
procedures for filing a complaint or grievance.
17.3. It is the responsibility of the program
to make every attempt before a patient is discharged to accommodate the
patient's desire for medical withdrawal or to be referred to an alternative
treatment program as appropriate. Administrative withdrawal shall be used only
as a sanction of last resort.
17.4.
Every person admitted to an OBMAT program shall receive program orientation.
The orientation shall be made verbally within the first 30 days of treatment.
Information provided in the orientation shall be given to the patient in
writing at the time the decision is made to admit the patient, regardless of
his or her condition, and shall include a formal agreement of informed consent
to be signed by the patient.
17.5.
Program orientation shall include the following:
17.5.1. An explanation of the rights and
responsibilities of the patient.
17.5.2. An explanation of the services and
activities provided by the OBMAT program, either onsite or by referral,
including:
17.5.2.a. Expectations and
rules;
17.5.2.b. Confidentiality
policy;
17.5.2.c. Toxicological
screening and random drug-testing policies;
17.5.2.d. Interventions; and
17.5.2.e. Various discharge criteria,
including, but not limited to, administrative and medical withdrawal policies
and procedures; and
17.5.3. A description of how the
individualized plan of care or treatment strategy and coordination of care
agreement will be developed and the patient's expected participation in the
plan of care or treatment strategy.
17.6. Upon admission, each patient shall
receive the following written information:
17.6.1. Signs and symptoms of overdose and
when, where, and how to seek emergency assistance;
17.6.2. A formal agreement of informed
consent to be signed by the patient;
17.6.3. A signed copy of the coordination of
care agreement;
17.6.4. Patient's
rights;
17.6.5. Confidentiality
policies; and
17.6.6. Information
on alternative methods available for treatment of substance use disorder and
the potential benefits and risks. The state opioid treatment authority is
responsible for providing informational materials to be used in discussing
alternative treatments.
