New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 599 - Clinic Treatment Programs › Section 599.7 - Rights of recipients

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Recipients admitted to a Mental Health Outpatient Treatment and Rehabilitative
				Service program certified pursuant to this Part are entitled to the rights
				defined in this subdivision. A provider of service shall be responsible for
				ensuring the protection of these rights.
(1)
				Recipients have the right to an individualized plan of treatment services and
				to participate to the fullest extent consistent with the recipients' capacity
				in the establishment and revision of that plan.
(2) Recipients have the right to a full
				explanation of the services provided in accordance with their treatment
				plan.
(3) Participation in
				treatment in a Mental Health Outpatient Treatment and Rehabilitative Service
				program is voluntary and recipients are presumed to have the capacity to
				consent to such treatment. The right to participate voluntarily in and to
				consent to treatment shall be limited only pursuant to a court order or in
				accordance with applicable provisions of law.
(4) While a recipient's full participation in
				treatment is a central goal, a n individual/guardian's objection to their
				treatment plan, or disagreement with any portion thereof, shall not, in and of
				itself, result in their termination from the program unless such objection
				renders continued participation in the program clinically inappropriate or
				would endanger the safety of the individual or others.
(5) The confidentiality of recipients'
				clinical records shall be maintained in accordance with applicable State and
				Federal laws and regulations, which may include, but are not limited to section 33.13  of the Mental Hygiene Law,
				article 27-F of the Public Health Law, the Health Insurance Portability and
				Accountability Act (HIPAA), and 42 CFR part 2.
(6) Recipients shall be assured access to
				their clinical records, including their mental illness diagnosis, consistent
				with section 33.16  of the Mental Hygiene Law
				and applicable Federal requirements.
(7) Recipients have the right to receive
				clinically appropriate care and treatment that is suited to their needs and
				skillfully, safely and humanely administered with full respect for their
				dignity and personal integrity.
(8)
				Recipients have the right to receive services in such a manner as to ensure
				nondiscrimination.
(9) Recipients
				have the right to be treated in a way that acknowledges and respects their
				cultural environment including the provision of language assistance services at
				no cost to the Individual and/or collaterals and shall make all necessary
				documents available in the recipient's preferred language.
(10) Recipients have the right to a
				reasonable degree of privacy consistent with the effective delivery of
				services.
(11) Recipients have the
				right to freedom from abuse and mistreatment by employees.
(12) Recipients have the right to be informed
				of the provider's grievance policies and procedures, and to initiate any
				question, complaint or objection accordingly.