Mississippi Administrative Code › Title 24 - Mental Health › Part 2 - Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Use Community Service Providers › Chapter 14 - Rights of People Receiving Services › Rule 24-2-14.1 - Rights of People Receiving Services

Current through June 25, 2024
A. There must be
				written and implemented policies and procedures and written documentation in
				the person's record that each person receiving services and/or parent(s)/legal
				representative(s) is informed of his/her rights while receiving services, at
				intake and at least annually thereafter if he/she continues to receive
				services. These rights are applicable to all people receiving services except
				for people that have been civilly committed or people who are confined to a
				correctional facility. The person receiving services and/or parent(s)/legal
				representative(s) must also be given a written copy of these rights, which at a
				minimum, must include:
1. The services
				available regardless of cultural barriers and limited English
				proficiency;
2. The right to access
				services that support a person to live, work and participate in the community
				to the fullest extent of the person's capability;
3. The right to services and choices, along
				with service rules and regulations, that support recovery/resiliency and
				person-centered services and supports;
4. The right to be referred to other agency
				provider services and supports in the event the agency provider is unequipped
				or unable to serve the person;
5.
				The right to refuse treatment/services;
6. The right to ethical treatment including
				but not limited to the following:
(a) The
				right not to be subjected to corporal punishment
(b) The right to be free from all forms of
				abuse or harassment
(c) The right
				to be free from restraints of any form that are not medically necessary or that
				are used as a means of coercion, discipline, convenience or retaliation by
				employees
(d) The right to
				considerate, respectful treatment from all employees and volunteers of the
				agency provider.
7. The
				right to voice opinions, recommendations, and to file a written grievance which
				will result in agency provider review and response without
				retribution;
8. The right to
				personal privacy, including privacy with respect to visitors in day services
				and community living service locations as much as physically
				possible;
9. The right to not be
				discriminated against based on HIV or AIDS status;
10. The right to have reasonable access to
				the clergy and advocates and access to legal counsel at all times;
11. The right of the person being served to
				review his/her records, except as restricted by law;
12. The right to participate in and receive a
				copy of the individual plan (as defined in Rule
				17.1 ) including, but not limited to,
				the following:
(a) The right to make informed
				decisions regarding his/her care and services, including being informed of
				his/her health status (when applicable), being involved in care/service
				planning and treatment and being able to request or refuse
				treatment/service(s). This right must not be construed as a mechanism to demand
				the provision of treatment or services deemed medically unnecessary or
				inappropriate.
(b) The right to
				access information contained in his/her record within a reasonable time frame.
				(A reasonable time frame is within five [5] days; if it takes longer, the
				reason for the delay must be communicated). The agency provider must not
				frustrate the legitimate efforts of people being served to gain access to their
				own records and must actively seek to meet these requests as quickly as its
				record keeping system permits. MCA 41-21-102 (7) does allow for restriction to
				access people's records in certain circumstances where it is medically
				contraindicated.
(c) The right to
				be informed of any hazardous side effects of medication prescribed by medical
				personnel.
13. The
				ability to retain all Constitutional rights, except as restricted by due
				process and resulting court order;
14. The right to have a family
				member/representative of his/her choice notified promptly (within no more than
				four [4] hours) of his/her admission to a hospital;
15. The right to receive care in a safe
				setting and in an environment that promotes recovery;
16. The right to involve or not involve
				family and/or others is recognized and respected;
17. The right to engage in planning,
				development, delivery and the evaluation of the services a person is
				receiving;
18. The right to have
				visitors of his/her choosing at any time, to the greatest extent possible.
				Visitation rights cannot be withheld as punishment or in any other manner that
				unreasonably infringes on the person's stated rights;
19. The right to daily private communication
				(phone, mail, email, etc.) without hindrance; unless clinically
				contraindicated; and,
20. The right
				to information about individual rights in a manner that is understandable to
				people receiving services who have challenges with vision, hearing, or
				cognition.