Mississippi Administrative Code › Title 24 - Mental Health › Part 1 - Policies of the Mississippi Board of Mental Health › Chapter 5 - Rights of Individuals Receiving Services › Rule 24-1-5.5 - PROCEDURE FOR IMPLEMENTATION AND REMEDIES FOR VIOLATIONS

Current through June 25, 2024
A. Each program will prominently post in each
				living unit and throughout the program a document setting forth the rights of
				individuals receiving services and the means by which they may contact a
				program advocate.
B. Each
				individual receiving services, or legally authorized representative, if
				applicable, shall be personally given notice of the rights in writing upon
				admission and annually thereafter. This notice may be a summary outlining their
				rights with directions as to how they may access this document.
C. Receipt of this notice shall be documented
				in the record. If the individual receiving services refuses or is unable to
				acknowledge receipt of such notice, the person delivering such notice shall
				document that fact in the record of the individual receiving services.
D. If an individual receiving
				services is unable to read the summary notice of these rights, the notice shall
				be read to him.
E. Each individual
				receiving services is entitled to a speedy and impartial review of alleged
				violation of the rights assured him/her under these policies and procedures.
				This review will occur via the procedures outlined herein.
F. Information gathered during such review
				will be strictly confidential and will not be disclosed except to the extent
				necessary to conduct the review.
G. Each individual receiving services shall
				have the right of access to legal counsel of his/her own choice and expense.
				Each individual receiving services who cannot afford or is otherwise unable to
				retain private counsel will be informed of the existence and location of the
				legal aid office and shall be afforded assistance, if needed, in contacting
				that office.
H. When an individual
				receiving services, an Investigator-Advocate, and employee, or any other
				interested party believes that an individual's rights have been violated that
				person may present his/her complaints to the Investigator- Advocate, Director
				or Executive Director. This shall be routed to the correct
				Investigator-Advocate who shall ensure that the complaint is filed.
				Complaints/violations which may be abuse, neglect, or exploitation must be
				reported and investigated pursuant to guidelines set out for vulnerable adults
				investigations. Complaints relating to violations of health information rights
				shall be referred to the privacy officer for investigation.
I. The Investigator-Advocate will meet with
				the individual receiving services and all other persons deemed necessary not
				later than ten (10) working days after the complaint is filed. It shall be the
				Investigator-Advocate's responsibility to remedy the problem by informal
				procedures if possible and allowable, depending upon the nature of the
				complaint.
J. The party making the
				complaint in good faith and without malice will have no action taken against
				him/her nor threats made toward him/her for bringing the complaint.
K. If the complaint cannot be resolved
				informally or the individual receiving services or the representative is
				otherwise dissatisfied with its resolution, either of these persons may request
				a conference before the HRAC. A request for a conference will be in writing and
				shall contain a description of the alleged violation or any other information
				the HRAC considers appropriate. The individual receiving services may be
				assisted by the Investigator-Advocate or by person of his/her choice. If the
				individual chooses a person other than the Investigator-Advocate for
				assistance, the individual receiving services or the representative may request
				the Investigator-Advocate to assist in filing the request for a conference. The
				chairperson the HRAC shall forward a copy of the request for a conference to
				the Director and to the persons allegedly responsible for the alleged
				violations. The alleged violator shall also have the right to file a written
				statement with the HRAC.
L. The
				HRAC shall hold a fact-finding conference within fifteen (15) working days
				after the receipt of a request for a conference.
M. No later than fifteen (15) working days
				after the completion of the conference, the HRAC shall submit a report to the
				Director and to other designated parties of its findings and recommendations.
N. The Director will utilize these
				findings and recommendations to support a finding that no further action is
				needed or that a corrective plan is appropriate. If the Director recommends a
				plan of corrective action, a copy of the plan shall be forwarded to the HRAC.
O. There will be promulgated by
				the Director and reviewed by the HRAC a plan to deal with situations (i.e.,
				violations of rights) that may, in the opinion of the Investigator-Advocate,
				result in serious harm to the individual receiving services if not remedied
				immediately.
P. If the person
				bringing the complaint is not satisfied with the resolution recommended and
				approved, he/she may file an Appeal to the Board. This Appeal must be in
				compliance with the Board's regulation on Appeals to the Board and request a
				review by the Board. This request should come within fifteen (15) working days
				of the response.
Q. The director
				will also have the right to appeal to the Board upon the approval of the
				Executive Director.
Miss Code Ann. §
										41-4-1,
				  et seq. and § Section
				  41-21-102 and
				  other State and Federal Laws, Court Decisions, and
				  Regulations