Rights of Mental Health Recipients
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This is a summary of your rights as a recipient of community based services under the Rights of Recipients of Mental Health Services. You have a right to obtain a full copy of the rights from this agency or from the Department of Health and Human Services, Office of Behavioral Health, 11 State House Station-41 Anthony Ave., Augusta, Maine 04330, Tel # (207) 287-2595, TTY Users: Dial 711 (Maine Relay). If you are deaf or do not understand English, an interpreter will be made available to you so that you can understand your rights.
1. Basic Rights: You have the same civil, human, and legal rights which all citizens have. You have a right to be treated with courtesy and full respect for your individuality and dignity.
2. Confidentiality and Access to Records: You have the right to have your records kept confidential and only released with your full informed consent. You have the right to review your record at any reasonable time. You may add written comments to your record to clarify information you believe is inaccurate or incomplete. No one else can see your record unless you specifically authorize them to see it, except in instances described in the complete rights book.
3. Individualized Treatment or Service Plan: You have the right to an individualized plan, developed by you and your worker, based upon your needs and goals. The plan must be in writing and you have the right to a copy. The plan needs to specifically detail what everyone will do, the time frames in which the tasks and goals will be accomplished and how success will be determined. The plan must be based upon your actual needs and, if a needed service is not available, detail how your need will be met.
4. Informed Consent: No services or treatment can be provided to you against your will. If you have a guardian, he or she is authorized to make decisions without your consent. You have the right to be informed of the possible risks and anticipated benefits of all services and treatment, including medications, in a manner which you understand. If you have any questions, you may ask your worker or anyone else you choose before making decisions about treatment or services. If a guardian has been authorized to make decisions for you, the guardian has the right to be fully informed of all risks and benefits or proposed treatment or services.
5. Assistance in the Protection of Rights: You have the right to appoint a representative of your choice to help you understand your rights, protect your rights or help you work out a treatment or service plan. If you wish a representative, you must designate this person in writing. You can have access to the representative at any time you wish and you can change or cancel the designation at any time.
6. Freedom from Seclusion and Restraint. You cannot be secluded or restrained in the community setting.
7. Right to File a Grievance. You have the right to bring a grievance to challenge any possible violation of your rights or any questionable practices. You have the right to have your grievance answered in writing, with reasons for the decisions. You may appeal any decision to the Office of Behavioral Health. You may not be punished in any way for filing a grievance. You cannot be retaliated against for filing a grievance. For help with filing a grievance, contact OBH Grievance Coordinator, (207) 287-2595, TTY Users: Dial 711 (Maine Relay), 11 State House Station-41 Anthony Avenue, Augusta, Maine 04333, or call Disability Rights Maine, 160 Capitol St #4, Augusta, ME 04330, Tel # 1-800-452-1948 (V/TTY).
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This Mental Health Bill of Rights is provided by law to persons receiving mental health services in the State of New Hampshire. Its purpose is to protect the rights and enhance the well-being of clients, by informing them of key aspects of the clinical relationship. As a client of a New Hampshire Mental Health Practitioner, you have, without asking, the right:
(1) To be treated in a professional, respectful, competent and ethical manner consistent with all applicable state laws and the professional ethical standards for clinical mental health counselors and the American Mental Health Counselor Association.
(2) To receive full information about your treatment provider’s knowledge, skills, experience and credentials.
(3) To have the information you disclose to your mental health provider kept confidential within the limits of state and federal law. Communications between mental health providers and clients are typically, confidential, unless the law requires their disclosure. Mental health providers will inform you of the legal exceptions to confidentiality, and should such an exception arise, will share only such information as required by law. Examples of such exceptions include but are not limited to: a. abuse of a child; b. abuse of an incapacitated adult; c. Health Information Portability and Accountability Act (HIPAA) regulation compliance; d. certain rights you may have waived when contracting for third party financial coverage (e.g. insurance coverage); e. orders of the court; f. significant threats to self, others or property.
(4) To a safe setting and to know that the services provided are effective and of a quality consistent with the standard of care within each profession and to know that sexual relations between a mental health provider and a client, or former client, are a violation of law (RSA 330-A:36).
(5) To obtain information, as allowed by law, pertaining to the mental health provider’s assessment, assessment procedures and mental health diagnoses (RSA 330-A:2 VI).
(6) To participate meaningfully in the planning, implementation and termination or referral of your treatment.
(7) To documented informed consent: to be informed of the risks and benefits of the proposed treatment, the risks and benefits of alternative treatments and the risks and benefits of no treatment. When obtaining informed consent for treatment for which safety and effectiveness has not been established, therapists will inform their clients of this and of the voluntary nature of their participation. In addition, clients have the right to be informed of their rights and responsibilities, and of the mental health provider’s practice policies regarding confidentiality, office hours, fees, missed appointments, billing policies, electronic communications, managed care issues, record management, and other relevant matters except as otherwise provided by law.
(8) To obtain information regarding the provision(s) for emergency coverage.
(9) To receive a copy of your mental health record within 30 days upon written request (except as otherwise provided by law), by paying a nominal fee designed to defray the 7 administrative costs of reproducing the record. If you request copies of your record, you will be billed accordingly at a rate of 10 cents per page and the cost of the time for copying.
(10) To know that your mental health provider is licensed by the State of New Hampshire to provide mental health services. a. You have the right to obtain information about mental health practice in New Hampshire. You may contact the Board of Mental Health Practice for a list of names, addresses, phone numbers and websites of state/national professional associations listed in MHP 502.2(a)(1)(a-e). b. You have the right to discuss questions or concerns about the mental health services you receive with your provider. c. You have the right to file a complaint with the Board of Mental Health Practice. You should first talk with your therapist regarding any grievance involving your evaluation and/or treatment. If you are not satisfied by the therapist’s response to your grievance, you may directly contact the New Hampshire Board of Mental Health Practice, 121 South Fruit Street, Concord, New Hampshire 03301. d. Any problem having to do with charges or billing should first be discussed with the Business Office staff. If you do not know who these people are, inquire at the reception desk and their names will be given to you.
(11) You have the right to seek out a second opinion or consult with another service provider at your own cost.
(12) You have the right to be free from restraint except in an emergency.
(13) Treatment is routinely terminated based on a joint decision made by you and your therapist. Either of you, however, can terminate treatment independently, the basis of which will be documented in your clinical record.
(14) Mental health providers are required to communicate with your psychiatrist on a quarterly basis if you are taking psychotropics. If you have not had a physical in the past year, you are encouraged to have one.