The following are your rights as a client who has elected to receive services from The Transition House Inc. agency:
1. To receive services without regard to race, sex, age, creed, or religion.
2. Your personal dignity is recognized and respected in providing care and treatment.
3. To receive services within the least restrictive environment possible.
4. To not be denied services based solely on race, gender, ethnicity, age, sexual orientation, HIV status, prior service departures, disability, language, socioeconomic status, religion, or relapse.
5. I understand that I have the right to request a copy of my file by notifying The Transition House program in writing and providing proper identification.
6. To receive treatment from an adequate number of competent, qualified and experienced professional Clinical staff to supervise and implement the treatment plan.
7. You have the right to request the opinion of a consultant at your expense or to request a review of your treatment plan, as provided in specific procedures of The Transition House.
8. You may request a referral through the Clinical Director.
9. You have the right to know the risks, side effects, and benefits of all medication and treatment procedures used and informed available alternate treatment procedures.
10. You have the right, to the extent permitted by law, to refuse the specific medications or treatment procedures.
11. You have the right to know as appropriate, the cost of services rendered, the source of our reimbursement, and any limitations placed on the duration of services.
12. You shall be informed of any proposed change in the professional staff responsible for you or for any transfer of you within or outside the organization.
13. You have the right to initiate a complaint or grievance procedure through the Clinical
14. Your records are protected under state and federal confidentiality laws, which unauthorized disclosures of information and to have an understanding of these laws.
15. To be assured freedom from neglect, abuse, exploitation or any form of corporal punishment and should you feel that you are being mistreated, contact Indiana Department of Mental Health Agency: 800-901-1133
16. To be assured that any search and seizure is carried out in a manner consistent with program standards and only to ensure the safety, well-being, and security of all clients and staff.
In addition to the above, all service recipients are granted the following:
1. Right to individual dignity - The individual dignity of the client must be respected at all times and upon all occasions, including any occasion when the client is admitted, retained or transported. Substance abuse clients who are not accused of a crime or delinquent act may not be detained or incarcerated in jails, detention centers, or training schools of the state, except for purposes of protective custody in strict accordance with the policy. A client may not deprived of any constitutional rights.
2. Right to non-discriminatory services - TTHI may not deny a client access to counseling services solely on the basis of race, gender, ethnicity, age, sexual preference, human immunodeficiency virus status, prior service departures against medical advice, disability or number or relapse episodes. TTHI may not deny a client who takes medications, prescribed by a physician, access to services solely on that basis. TTHI, who receives state funding to provide substance abuse services, may not deny client access to services based solely on the inability to pay for said services. Each client in treatment must be afforded the opportunity to participate in the formulation and periodic review of his/her individualized treatment plan to the extent of his/her ability to participate. It is the policy of the state to use the least restrictive and most appropriate services available, based on the needs and the best interests of the client and consistent with optimum care of
3. Right to quality services - Each client must be delivered services suited to his/her needs, administered skillfully, safely, humanely, with full respect for his/her dignity and personal integrity and in accordance with all statutory and regulatory requirements. These services must include the use of methods and techniques to control aggressive client behavior that poses an immediate threat to the client or to other persons. Such methods and techniques include the use of restraints (TTHI does not use restraints), the use of seclusion, the use of time-out, and other behavior management techniques.
4.Right to communication - Each client has the right to communicate freely and privately with other persons within the limitations imposed by TTHI because the delivery of services can only be effective in a substance abuse free environment, close supervision of each client's communication and correspondence is necessary, particularly in the initial stages of treatment. TTHI maintains rules for telephone, mail, and visitation rights, giving primary consideration to the wellbeing and safety of clients, staff and the community. It is the duty of TTHI to inform the client and his/her family, if applicable, at the time of admission about TTHI rules relating to communications and correspondence. This is included in the Client Orientation process.
5.Rights to care and custody of personal effect of clients - A client has the right to possess clothing and other personal effects. TTHI takes temporary custody of the client's personal effects only when required for medical and safety reasons, with the reason for taking custody and a list of the personal effects recorded in the client's clinical record.
6. Right to confidentiality of client records - The client records of TTHI services and documentation will be maintained in the strictest confidence and in accordance with CFR 42, part 2 as well as, 45 CFR 164.520 and 45 CFR 165. Such records may not be released or disclosed without the written consent of the client. TTHI is permitted or required by the Privacy regulations to use or disclose protected health information without the individual's written authorization including:
-Uses and disclosures required by law Uses and disclosures for public health activities -Disclosures about victims of abuse, neglect or domestic violence
-Uses and disclosures for health oversight activities Disclosures for judicial and administrative proceedings
-Disclosures for law enforcement purposes
-Uses and disclosures about decedents
-Uses and disclosures for research purposes
-Uses and disclosures to avert a serious threat to health or safety
-Uses and disclosures for specialized government functions
-Disclosures for workers compensation
TTHI may disclose information through a court order that shows good cause for the disclosure, the court shall examine whether the public interest and the need for disclosure outweigh the potential injury to the client, or to the service provider client relationship or to the service provider as well.
7. Right to counsel - Each client is informed that he/she has the right to be represented by counsel in any involuntary proceeding for assessment, stabilization or treatment and that he/she may apply immediately to the court to have an attorney appointed if he/she cannot
8.Right to Habeas Corpus - At any time, and without notice, a client involuntarily retained by a provider, or the client's parent, guardian, custodian or attorney on behalf of the client, may petition for a Writ of Habeas Corpus to question the cause and legality of such retention and request the court issue a writ for the client's release.
9. Liability and immunity - Any transition house representative who violates or abuses any right or privilege of a client under this policy are liable for damages as determined by law. All persons acting in good faith, reasonably and without negligence in connection with the preparation or execution of petitions, applications, certificates or other documents or the apprehension, detention, discharge, examination, transportation or treatment of a person under the provision of this chapter shall be free from all liability, civil or criminal, by reason of such acts.
10. Provisions - TTHI shall make provisions for informing the client, family member or authorized guardian of their rights and responsibilities, assisting in the exercise of those rights and an accessible grievance system for resolution of conflicts. This will include ensuring the client they can make a grievance for any reason with cause. TTHI will post the grievance procedure and make the forms accessible. This will be explained to the client at Orientation as well as the appeal process and the time frames for resolution. The client will be given a resolution in writing, if appropriate.
The following rights shall be afforded to all clients by all licensees and are not subject to
Clients have the right to be fully informed before or upon admission about their rights and responsibilities and about any limitations on these rights imposed by rules of the facility. The facility must ensure that the client is given information about his or her rights that shall include at least the following: A statement of the specific rights guaranteed the client by these rules and applicable state and federal laws; A description of the facility's complaint and grievance procedures; A listing of all available advocacy services; A copy of all general facility rules and regulations for clients; and, The information must be presented in a manner or format that promotes understanding by clients of their rights and an opportunity must be given to clients to ask questions about the information. If a client who is unable to understand this information at the time of admission later becomes able to do so, the information must be presented to the client at that time. If a client is likely to continue indefinitely to be unable to understand this information, the facility must promptly attempt to provide the required
information to a parent, guardian, or other appropriate person or agency responsible for protecting the rights of the client;
Clients have the right to voice grievances to staff of the facility, to the licensee, and to outside representatives of their choice with freedom from restraint, interference, coercion, discrimination or reprisal; Clients have the right to be treated with consideration, respect and full recognition of their dignity and individuality; Clients have the right to be protected by the licensee from neglect; from physical, verbal and emotional abuse (including corporal punishment); and from all forms of misappropriation and/or exploitation; Clients have the right to be assisted by the facility in the exercise of their civil rights;
Clients have the right to be free of any requirement by the facility that they perform services which are ordinarily performed by facility staff; If residential services are provided, clients must be allowed to send personal mail unopened and to receive mail and packages which may be opened in the presence of staff when there is reason to believe that the contents thereof may be harmful to the client or others; Clients have the right to privacy while receiving services; Clients have the right to have their personal information kept confidential in accordance with state and federal confidentiality laws; Clients have the right to ask the facility to correct information in their records. If the facility refuses, the client may include a written statement in the records of the reasons they disagree; Clients have the right to be informed about their care in a language they understand; and, Clients have the right to vote, make contracts, buy or sell real estate or personal property, or sign documents, unless the law or a court removes these rights.
The following rights must be afforded to all clients by all licensed facilities unless
modified in accordance with rules 0940-05-06-.07 or 0940-05-06-.08:
Clients have the right to participate in the development of the client's individual program or treatment plans and to receive sufficient information about proposed and alternative interventions and program goals to enable them to participate effectively; Clients have the right to participate fully, or to refuse to participate in community activities including cultural, educational, religious, community services, vocational and recreational activities; If residential services are provided, clients must be allowed to have free use of common areas in the facility with due regard for privacy, personal possessions, and the rights of others:
Clients have the right to be accorded privacy and freedom for the use of bathrooms when needed; Clients shall be permitted to retain and use personal clothing and appropriate possessions including books, pictures, games, toys, radios, arts and crafts materials, religious articles, toiletries, jewelry and letters;
If residential services are provided and if married clients reside in the facility, privacy for visits by spouses must be ensured, and if both spouses are clients residing in the facility, they must be permitted to share a room; If residential services are provided, clients have the right to associate and communicate privately with persons of their choice including receiving visitors at
If residential services are provided, persons supported have the right to be given privacy and freedom in the use of their bedroom/sleeping area.
ABUSE REPORTING POLICY
State statutes require our staff members to report disclosures of abuse or neglect to appropriate authorities, as designated in state statute or guidelines.
By signing below, I agree that I have read the client rights and abuse reporting policy