West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-11 - Medication-Assisted Treatment - Opioid Treatment Programs › Section 69-11-19 - Patient Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Each MAT
				program shall develop and implement policies and procedures which guarantee the
				following rights to patients:
19.1.a. To be
				informed, both verbally and in writing, of program 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;
19.1.b. To receive treatment provided in a
				fair and impartial manner free from unlawful discriminatory practices pursuant
				to W. Va. Code §
										5-11-9.
19.1.c. To 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;
19.1.d. To
				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;
19.1.e. To be informed that random drug
				testing of all patients shall be conducted during the course of treatment as
				required by paragraph 34.2.d.1., 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 screen result;
19.1.f. To be entitled to participate in a
				MAT program that provides an adequate number of competent, qualified and
				experienced professional staff to implement and supervise the individualized
				treatment plan of care;
19.1.g. To
				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;
19.1.h. To be informed about the financial
				aspects of treatment, including the consequences of nonpayment of required
				fees;
19.1.i. To 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 MAT program based upon the results of the initial
				assessment;
19.1.j. To
				confidentiality in accordance with federal regulations, 42 C.F.R. Part 2 , and
				the Health Insurance Portability and Accountability Act of 1996, as
				amended;
19.1.k. 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;
19.1.l. To give
				informed consent prior to being involved in research projects and the right to
				retain a copy of the informed consent form;
19.1.m. 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;
				and
19.1.n. 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.