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Rule Title: CLIENT RIGHTS POLICIES AND PROCEDURES
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Department: PUBLIC HEALTH AND HUMAN SERVICES
Chapter: HEALTH CARE FACILITIES
Subchapter: Minimum Standards for Chemical Dependency Facilities
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.106.1450    CLIENT RIGHTS POLICIES AND PROCEDURES

(1) At a minimum the program is required to have written policies and procedures including supporting evidence of implementation of each of the following items:

(a) clients are admitted to treatment without regard to race, color, creed, national origin, religion, sex, sexual orientation, age, or disability, except for bona fide program criteria;

(b) clients are reasonably accommodated in case of sensory or physical disability, limited ability to communicate, limited English proficiency, or cultural differences;

(c) clients are treated in a manner sensitive to individual needs and which promote dignity and self-respect;

(d) all clinical and personal information is treated in accordance with state and federal confidentiality regulations;

(e) clients have the opportunity to review their own treatment records in the presence of the administrator or designee;

(f) clients are fully informed of fees charged, including fees for copying records to verify treatment and methods of payment available;

(g) clients are protected from abuse, harassment, and exploitation by staff or from other clients who are on agency premises;

(h) clients will receive a copy of client grievance procedures describing the submission and disposition of complaints by client and right to appeal without threat of reprisal;

(i) client consent must be obtained for each release of information to any other person or entity. This consent for release of information must include:

(i) name of the consenting client;

(ii) name or designation of the provider authorized to make the disclosure;

(iii) name of the person or organization to whom the information is to be released;

(iv) nature and limits of the information to be released;

(v) purpose of the disclosure, as specific as possible;

(vi) specification of the date or event on which the consent expires;

(vii) statement that the consent can be revoked at any time, except to the extent that action has been taken in reliance on it;

(viii) signature of the client or parent, guardian, or authorized representative, when required, and the date; and

(ix) a statement prohibiting further disclosure unless expressly permitted by the written consent of the person to whom it pertains.

(j) in the event of a program closure or treatment service cancellation, each client must be:

(i) given 30 days notice;

(ii) assisted with relocation into similar treatment services;

(iii) given refunds to which the person is entitled; and

(iv) advised how to access records to which the person is entitled.

(k) the provider must post a copy of clients' rights in a conspicuous place in the facility accessible to clients and staff; and

(l) client orientation to program rules, responsibilities, and any sanctions that may be imposed for failure to comply with the program's rules.

History: 50-5-103, 53-24-208, MCA; IMP, 50-5-101, 50-5-103, 53-24-306, 76-2-411, MCA; NEW, 2010 MAR p. 2975, Eff. 12/24/10.


 

 
MAR Notices Effective From Effective To History Notes
37-517 12/24/2010 Current History: 50-5-103, 53-24-208, MCA; IMP, 50-5-101, 50-5-103, 53-24-306, 76-2-411, MCA; NEW, 2010 MAR p. 2975, Eff. 12/24/10.
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