West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-07 - Regulations of Opioid Treatment Programs › Section 69-7-24 - Patient Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. Each
				opioid treatment program shall have policies and procedures which guarantee the
				following rights to patients:
24.1.a. The
				patient has the right to be informed, both verbally and in writing, of clinic
				rules and regulations and patient's rights and responsibilities. The rights and
				responsibilities shall be posted prominently and reviewed with the patient at
				admission, at the end of a stabilization period, at the time of an annual
				treatment review and at any time that changes in the rights and
				responsibilities occur;
24.1.b. The
				patient shall receive treatment provided in a fair and impartial manner
				regardless of race, sex, age, sexual orientation and/or religion;
24.1.c. The patient shall receive an
				individualized treatment plan of care developed according to guidelines
				established by a nationally recognized authority and approved by the secretary.
				The individualized treatment plan of care shall include a recovery model, shall
				be reviewed periodically by the interdisciplinary team, and shall be maintained
				in the patient's chart;
24.1.d. The
				patient shall receive medications required by the individualized treatment plan
				of care on a schedule developed in accordance with applicable federal
				requirements and approved guidelines and protocols and that is the most
				accommodating and least intrusive and disruptive method of treatment for most
				patients;
24.1.e. The patient shall
				be informed that random drug testing of all patients shall be conducted during
				the course of treatment at least monthly or as deemed necessary by the opioid
				treatment program, and that any refusal to participate in a random drug test
				shall be considered a positive test. The patient shall be informed of the
				consequences of having a positive drug test result;
24.1.f. The patient shall be entitled to
				participate in an opioid treatment program that provides an adequate number of
				competent, qualified and experienced professional staff to implement and
				supervise the individualized treatment plan of care;
24.1.g. The patient shall be informed about
				potential interactions with and adverse reactions to other substances,
				including alcohol, other prescribed medications, over-the-counter
				pharmacological agents, other medical procedures, and food;
24.1.h. The patient shall be informed about
				the financial aspects of treatment, including the consequences of nonpayment of
				required fees;
24.1.i. The patient
				shall be given a copy of the initial assessment, written acceptance into the
				program, or, in the case of denial of admission, a full explanation as to the
				basis of the denial, and a referral to another program based upon the results
				of the initial assessment;
24.1.j.
				The patient, as well as the staff and the public, are entitled to protection
				from other patients who act out. The program shall attempt to determine the
				cause of that behavior so that an appropriate referral to an alternative method
				of care can be made;
24.1.k. The
				patient has the right to confidentiality in accordance with federal
				regulations, 42 CFR Part 2, and the Health Insurance Portability and
				Accountability Act of 1996, as amended;
24.1.l. The patient has the right to be
				informed of the extent of confidentiality, including the conditions under which
				information can be released without consent, the use of identifying information
				for the purposes of program evaluation, billing and statutory requirements for
				reporting abuse;
24.1.m. The
				patient has the right to give informed consent prior to being involved in
				research projects and the right to retain a copy of the informed consent form;
				and
24.1.n. The patient has the
				right to full disclosure of information about treatment and medication,
				including accommodation for those who do not speak English, or who are
				otherwise unable to read an informed consent form.