Clients’ Rights & Grievances

Welcome to Sojourner Recovery Services’ training on Clients’ Rights and Grievances.  Below you will find some general information on this subject as well as agency guidelines. This is not intended to be a comprehensive training and further training may be required.  If you have questions or concerns, please contact your supervisor or an administrator. 

     Introduction:

      Sojourner Recovery Services is responsible for ensuring the implementation and maintenance of the client rights activities for all clients participating in organization services and activities. Client Rights will be communicated to clients in a manner that is meaningful.  It is the policy of Sojourner Recovery Services to have an established mechanism in addition to grievance and appeal procedures to resolve conflicts which may arise between client and/or his/her guardian concerning treatment issues. Sojourner Recovery Services shall ensure the availability of advocates to be responsible for ensuring the implementation and maintenance of the client grievance procedure. 

Procedure:

Client Rights

1.  Sojourner Recovery Services implements policies and procedures to safeguard the rights of    the persons served. These policies and procedures address the following:

A.  Informed consent or referral and expression of choice regarding service delivery, release of information, concurrent services, composition of the service delivery team, involvement in research projects, access or referral to legal entities for appropriate representation, access to self-help and advocacy support services, adherence to research guidelines and ethics, and investigation and resolution of alleged infringement of rights and other legal rights;

B.  The involvement of all persons served in all aspects of their individual plans;

C.  The provision of services in a manner that is responsive to each person’s unique characteristics, needs, and abilities;

D.  Methods by which the person served may review his or her record;

E.  Methods for obtaining authorizations for release of information;

F.  Freedom from physical abuse, sexual abuse, harassment, neglect, and physical punishment;

G.  Freedom from psychological abuse, including humiliating, threatening, and exploiting actions;

H.  Freedom from financial or other exploitation or retaliation;

I.    Mechanisms to facilitate access and referral to guardians, conservators, self-help groups, advocacy services, legal    services;

J.  The right of the person served to be provided with information to facilitate decision making;

K. The right of the person served to express his/her preferences regarding choice of case manager, therapist, or other service provider;

L.  The use of crisis intervention procedures;

M.  Written procedures governing the use of special treatment interventions and restrictions of rights;

N.  The parameters of confidentiality of information and the right to privacy;

O.   Mechanisms to communicate these policies in an ongoing manner that is understandable  to the persons served.

P.  Access to information pertinent to the person served in sufficient time to facilitate his or her decision-making.
 

ODADAS Specific Rights

1.  Each client has the right to not be discriminated against for receiving services on the basis of race, ethnicity, age, color,   religion, sex, national origin, sexual orientation, disability, HIV infection, whether asymptomatic or symptomatic/AIDS.

2.   Each client has the right to be informed of all client rights.

3.   Each client has the right to exercise one’s own rights without reprisal.

4.   Each client has the right to be informed of available program services, prevention services, treatments, therapies and alternatives.

5.   Each client has the right to give consent or to refuse any service treatment or therapy.

6.   Each client has the right to be treated with consideration and respect for personal dignity/ autonomy/privacy.

7.   Each client has the right to be advised and the right to refuse observation by others and by techniques such as none-way vision mirrors, tape recorders, video recorders, television, movies and photographs.

8.   Each client has the right to be informed of the reason(s) for terminating participation in program and agency services. The client also has the right to be informed of reasons for denial of a service.

9.   Each client has the right or freedom from unnecessary/excessive medication, unnecessary physical restraint and seclusion.

10.  Each client has the right to confidentiality of communication and personal identifying information within the limitations and requirements of disclosure of client information under state and federal laws and regulations.

11.  Each client has the right to know the cost of the services being provided.

12.  Each client has the right to receive services in the least restrictive feasible environment.

13.  Each client has the right to retain a copy of the Statement of Resident’s Rights.

14.  Each client has the right to participate in the development, review and revision of one’s own individual treatment plan and receives a copy of it.

15.  Clients have the right to have access to their own psychiatric medical or client treatment  records in accordance with program procedures.

16. Clients have the right to have a client officer provided by the Board of Agency advise them of their rights, including their rights under Chapter 5122 of the Revised Code if he/she is committed to the Board or Agency [O.R.C. 5119.61(B)].

17.  Treatment is voluntary and the client has the right to terminate treatment at any time.

18.  Each client has the right to participate in any appropriate and available services, regardless of refusal of one or more services, unless there is a valid and specific necessity which precludes and/or requires the client’s participation in other services.

19.  Clients shall be allowed to send and receive mail and are allowed to conduct private p hone calls.

20.  Each client has the right to be informed and the right to refuse any unusual/hazardous treatment procedures.

21.  If therapeutic indications necessitate restrictions on visitors, phone calls or other communications, these restrictions shall be reviewed by the Program Director at least once per week. All such restrictions shall be explained to the client.

22.  Each client has the right to confidentiality of communication/personal identifying information within the limitations/requirements for disclosure for client information under state/federal laws/regulations.

23.  The client shall be allowed to work for the service provider only under the following conditions:

A.      The work is part of the treatment plan;

B.     The work is performed voluntarily;

C.     The clients receive wages commensurate with the value of the work performed; and

D.     The work project complies with governmental regulations.

24.  The client has the right to consult with an independent treatment specialist/legal counselor at one’s own expense.

25.  Each client has the right to quality treatment which includes the involvement of her/his family members or other persons important in his/her life.

26.  The client has the right to be informed of his/her own condition.

27.  Each client has the right to file a grievance in accordance with program procedures and to have oral and/or written instructions concerning the procedure for filing a client grievance and a staff person that the client is comfortable with will be made available to assist client in filing grievance.

28.  Upon admission and prior to the beginning of service delivery, each client will be provided with a copy of the client rights. Upon written request any other person may receive a copy of the policy and procedure regarding client rights. Documentation is maintained with dated signatures by the clients, which is kept in each client’s record to indicate receipt. Client Rights shall be communicated in a meaningful way to all clients.

29.  The client rights procedure will be posted. This policy and procedure is posted prominently at each agency location where clients and visitors may review them.

30.  In a crisis or emergency situation the client will at a minimum be advised of their immediate pertinent rights.

31.  Annually the Grievance Officer will arrange for a mandatory staff training and ensure that the Client Rights are shared with all clients that spend more than one year in any program.

32.  Sojourner Recovery Services promotes maximum integration and inclusion of the persons served through regular evaluation of the following: any restrictions placed on the rights or privileges of the persons served; method to reinstate restricted or lost privileges and rights; and the purpose or benefit of any type of restriction on rights or privileges.

Privileges can be lost through violation of program rules or a failure to demonstrate progress in treatment. Should restrictions on privileges occur; the purpose of the restriction will be fully explained to the client and will be documented in the case record. The patient will also be informed regarding the methods to reinstate restricted or lost privileges. This will also be documented in the case record.

The rights of clients are non-negotiable, i.e. they cannot be lost by the patient or taken away by the organization. In contrast, privileges may be extended to patients as a result of exceptional conformance to program rules or due to extraordinary progress. Privileges, unlike client rights, can be lost through violations of program rules or a failure to demonstrate progress in treatment.

33.  Sojourner Recovery Services commits to the recognition of diversity in culture, age, gender, sexual orientation, spiritual beliefs, socioeconomic status, and language.

34.  Sojourner Recovery Services maintains the rights and dignity of the persons served at all times and makes appropriate arrangements available to persons served to meet their need for privacy and safety.

35.  When persons served participate in research at Sojourner Recovery Services, the agency adheres to all governmental regulations, professional ethics, and is approved by the Board of Directors. Sojourner Recovery Services ensures that the confidentiality of the person served is protected. Written consent from each consumer participating is required. Documentation that the client made an informed choice and that he/she had the right to cease participation with no penalty is required. A written consent from consumers to use, disposition, and release of the data is required.

36.  Sojourner Recovery Services provides policies and procedures governing the rights of the person served that apply to all applicable federal and state regulations. This adherence is demonstrated in its clinical records, code of ethics, and other practices.

37.  All clients have the right to review their own clinical record. The client should place his/her request in writing indicating the purpose for which their review is required and what they may specifically want to review. The Program Director is responsible for the client’s review process of the clinical record.

38.  Each allegation of neglect and/or abuse by agency staff of a person served, regardless of the source, shall be investigated. The written results of an investigation into an allegation of neglect and/or abuse of persons served shall be reviewed by the Executive Vice President/COO of the agency. The agency shall keep documentation of the findings of the investigation and of actions taken as a result of the investigation.

39.  The agency shall immediately investigate any allegation of staff neglect or abuse within twenty-four (24) hours of the event occurring and, if warranted, shall communicate the results of the investigation to all regulatory entities (i.e., ODADAS, ODMH, etc.).

40.  In situations that involve child or adult abuse, any notification required by law shall be made to the appropriate authorities.
 

Grievance Procedure

If a client wishes to file a grievance with the agency, the designated staff person who will be available to assist will be the Executive VP/CO or his/her designee. No client or family member is required to transmit a grievance procedure through the staff member who is the subject of the complaint.  504 Grievance Procedures – Section 504 of the Rehabilitation Act prohibits discrimination based on disability. In accordance with Section 504 Regulations, any program participant (patient, resident, etc.), participant representative, prospective participant who has reason to believe that she/he has been mistreated, denied services or discriminated against in any aspect of services may file a grievance. In order to implement this policy, the agency/facility has adopted an internal grievance procedure for prompt and equitable resolution of compliance alleging any action prohibited by the U.S. Department of Health and Human Services regulation (45 CFR Part 84) implementing Section 504 of the Rehabilitation Act of 1973 as amended (29 USC 794). This procedure may be utilized for any client or employee complaint concerning a perceived mistreatment. Section 504 states, in part, that “no otherwise qualified disabled individual … shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance…” The law and regulations may be examined in the office of Lu-Ann Carson, Executive VP/COO, 294 North Fair Avenue, Hamilton, Ohio 45011, (513) 868-7654, who has been designated to coordinate the efforts of clients to comply with the regulations. The following is the designated grievance procedure sequence; however, each client has the right to forego the designated grievance process sequence and file a grievance directly with the local, state and federal Civil Rights offices.

The grievant will be provided with the names and addresses of such offices, including:

1.   A grievance must be in writing with the date, approximate time, a description of the incident/ situation and the names of the individuals involved. This document must be dated and signed by the client/individual filing grievance on behalf of client.

2.   A grievance must be filed in the office of the Section 504 Coordinator, Lu Carson, Executive VP/COO within five (5) days after the person filing the grievance became aware of the action alleged to be prohibited by the regulations. This timeframe may be waived by the Coordinator if extenuating circumstances existed which justify an extension within three (3) working days. The Section 504 Coordinator will  notify the grievant of the date the grievance was received, summary of grievance, overview of investigation process, timetable for investigation/ notification of resolution and treatment provider contact name/address/phone number.

3.   The Coordinator or his/her designee shall conduct such investigation of a grievance as may be appropriate to determine its validity. These rules contemplate a thorough investigation, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to the grievance. Under Section 504 of the Rehabilitation Act, 45 CFR 84.7 (b), the agency/facility need not process complaints from applicants for employment.

4.   The Section 504 Coordinator shall issue a written decision determining the validity of the grievance no later than five (5) days after its filing.

5.   If the grievance has not been resolved at this point, the Section 504 Coordinator should forward it to Amy Erhardt, President/CEO, who shall have an additional five (5) days to resolve the grievance.

6.   The President/CEO shall notify the grievant in writing of the decision and list the evidence upon which the decision is based.

7.   If the complaint is still unresolved, the grievant may request, in writing, that the President/ CEO submit the grievance to the Board. The program will make a grievance resolution decision within twenty-one (21) calendar days of the receipt of the grievance. Extenuating circumstances indicating need for extension must be documented in file and written notification given to client. If the grievance is then unresolved, the grievant will be advised in writing of the right to file with the local, state and federal civil rights offices as listed above.

Quiz Instructions:

1. Click on the link below to access the quiz

2. Print the page

3. Complete the quiz

4. Submit the completed quiz to your supervisor 

Clients Rights & Grievance Quiz