THE GIVING TREE CLIENT RIGHTS POLICY 1.The right to be treated with consideration and respect for personal dignity, autonomy and privacy. 2.The right to service in a humane setting in the least restrictive manner feasible as defined in the treatment plan. 3.The right to be informed of one’s own condition, of proposed or current services, treatment or therapies, and of alternatives. 4.The right to consent to or refuse any service, treatment, or therapy upon full explanation of the expected consequences of such consent or refusal. A parent or legal guardian may consent to or refuse any service, treatment or therapy on behalf of a minor client. 5.The right to a copy of current, written, individualized service plan that addresses one’s own mental health, physical health, social and economic needs and that specifies the provision of appropriate and adequate services, as available, either directly or by referral 6.The right to active and informed participation in the establishment,periodic review, and reassessment of the service plan. 7.The right to freedom from unnecessary or excessive medication. 8.The right to freedom from unnecessary restraint or seclusion. 9.The right to be informed on available programs and service and to participate in any appropriate and available agency service,regardless of refusal of one or more other services, treatments, or therapies, or regardless of relapse from earlier treatment in that or another services, unless there is a valid and specific necessity which precludes and/or requires the client’s participation in other services. This necessity shall be explained to the client and written in the client’s current service plan. 10.The right to be informed of and refuse any unusual or hazardous treatment procedures. 11.The right to be advised of and refuse observation by techniques, such as one-way vision mirrors, tape recorders, video recorders, televisions, movies, or photographs. 12.The right to have the opportunity to consult with independent treatment specialists or legal counsel at one’s own expense. 13.The right to confidentiality of communications and of all personally identifying information within the limitations and requirements for disclosure of various funding and/or certifying sources, state or federal statues,unless release of information is specifically authorized by the client or parent or legal guardian of a minor client or court-appointed guardian of the person of an adult client in accordance with rule 5122:2-3-11 of the Administrative Code. 14.The right to have access to one’s own psychiatric, medical, or other treatment records unless access to particular identified items of information is specifically restricted for that individual client for clear treatment reasons in the client’s treatment plan. “Clear treatment reasons” shall be understood to mean only severe emotional damage to the client such that dangerous or self-injurious behavior is an imminent risk. The person restricting the information shall explain to the client and other persons authorized by the client the factual information about the individual client that necessitates the restriction. The restriction must be renewed at least annually to retain validity. Any person authorized by the client has unrestricted access to all information. Clients shall be informed in writing of agency policies and procedures for viewing or obtaining copies of personal records. 15.The right to be informed in advance of the reason(s) for discontinuance of service provision, and to be involved in planning for the consequences of that event. 16.The right to receive an explanation of the reasons for denial of services. 17.The right not to be discriminated against in the provision of service on the basis of religion, race, color, ethnicity, creed, sex, national origin, age, sexual orientation, life style, physical, or mental handicap, HIV infection whether asymptomatic or symptomatic or AIDS, developmental disability, or inability to pay. 18.The right to know the cost of services. 19.The right to be fully informed of all client rights. 20.The right to exercise any and all rights without reprisal in any form, including continued and uncompromised access to service. 21.The right to file a grievance; and 22.The right to have oral and written instructions for filing a grievance. 23.If receiving alcohol and drug addiction services, confidentially of alcohol and drug abuse client records that are maintained by this agency are protected by Federal Law and Regulations. Generally, the program may not say to a person outside the program that a client attends the program or disclose any information identifying a client as an alcohol or drug abuser unless: (1) The client consents in writing (2) The disclosure is allowed by court order (3) The disclosure is made to medical personnel for research, audit, or program evaluation (4) The disclosure is made to qualified personnel for research, audit or program evaluation. Violation of the Federal Law and regulations by a program is a crime. Suspected violation may be reported to appropriate authorities in accordance with Federal Regulations. Federal law and regulations do not protect any information about a crime committed by a client, either at the program or against any person who works for the program or about any threat to commit such a crime. Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported under state law to appropriate state or local authorities. (Federal Regulation 42 CRF Part 2 - S22.22 Notice to Clients of Federal Confidentially Requirement). 24.If receiving alcohol and drug addiction services, the right to have access to one’s own alcohol and drug addiction service records including a copy of one’s own individualized alcohol and drug treatment plan unless access to particular identified items of information is specifically restricted for clear treatment reasons in the client’s alcohol and drug treatment plan. The agency staff restricting the information shall explain to the client and any other persons authorized by the client the factual information about the individual client that necessitates the restriction. The restriction must be renewed at least annually to retain validity. Any person authorized by the client has unrestricted access to all information. The client shall be informed, in writing, of agency polices and procedures for viewing or obtaining copies of personal records.
THE GIVING TREE CLIENT GRIEVANCE PROCEDURE 1.Clients are encouraged to present grievances or complaints concerning mental health services and/or alcohol and drug addiction services provided by The Giving Tree with full assurance that such presentation will in no way prejudice his/her standing or status with the agency. A copy of the client grievance procedure is available upon request. Clients have the opportunity to file a grievance at any time from the date the grievance occurred. Filing a grievance within a “reasonable period of time” is encouraged and recommended. Any agency staff member can provide the name of the agency’s Client Rights Officer and the information needed to file a grievance. The Client Rights and the Grievance Procedures are also posted at each agency site in the reception or waiting area. The Client Rights Officer’s responsibilities to the client (griever) and/or representative are to: 1.Review and explain the entire grievance process at the initial filing of the grievance. 2.Assist in filing a grievance if needed 3.Investigate the grievance and act in the capacity of an impartial decision-maker. 4.Provide agency representation at the agency hearing on the grievance, if desired.
2.The Client Rights Officer is Mariann Davids, Administrative Director, whose main office is at 335 Buckeye Blvd., Port Clinton, Ottawa County, Ohio 43452 (419) 734-2942 - (TDD/TTY 419-734-2942), and who is generally available Monday through Friday, 9:00 am to 5:00 pm except for legal holidays. A grievance may also be filed at the agency site located at 11969 West State Route 105, Oak Harbor, Ottawa County, Ohio 43449 (419) 898-0077. If the grievance to be filed involves the designated Client Rights Officer, the grievance should be filed with the current agency Clinical Director, whose main office is at 335 Buckeye Blvd., Port Clinton, Ottawa County, Ohio 43452 (419) 734-2942 (TDD/TTY 419-734-2942) and who is generally available Monday through Friday from 8:00 am to 5:00 pm
3.The grievance should be in writing and addressed to the Client Rights Officer and should include: 1.Date the grievance is filed with the agency. 2.Client’s name and parents/legal guardian’s name, address, and telephone, if applicable. 3.Date the alleged client rights violation occurred, approximate time of the incident, parties involved, and specific circumstances of the alleged violation. 4.Client’s representative with name, address, and telephone, if applicable. 5.The griever's signature or the signature of the individual filing the grievance on behalf of the griever& date signed on the grievance. The written complaint upon receipt by the agency shall be dated and immediately forwarded to the Client Rights Officer. A written acknowledgment of receipt of the grievance will be provided to the griever within three (3) working days from the receipt of the grievance and will include (1) the date the grievance was received, (2) summary of the grievance, (3) overview of the grievance investigation process, timetable for completion of the investigation and notification of resolution (4) treatment provider contact name, address and telephone number. The Client Rights Officer will contact the client and/or representative within five (5)business days from the time the grievance is filed. The grievance may also be filed verbally with the Client Rights Officer. The verbal grievance will be organized into a written grievance by the Client Rights Officer and a copy will be forwarded to the client and/or representative. 4. The client and/or representative also has the option of initiating a complaint with other entities. A list of entities is attached. The option is available at any time.
5.If a complaint is filed with any of the attached entities, this agency, upon request by the entities, will provide relevant information about the grievance to the entity with which the complaint has been filed. A signed release of information will be requested from the client or parents/legal guardians prior to the release of information or records.
6. The grievance process from the original filing of the grievance to the final resolution decision will be made within twenty-one (21) day calendar days.The timeline is as follows: a. After receipt of the client grievance, the Client Rights Officer will begin to investigate the grievance within three (3) calendar days. The Client Rights Officer will talk with staff, the client, and any other parties ifspecified in the grievance. The client’s or parents/legal guardian’s permission will be requested for the release of any information. Written notification and explanation of the resolution will be provided along with time limits for the recommendations, if applicable, to the client or representative, if other than the client and with the client’s written permission, within ten (10) calendar days of the filing of the grievance. b. If the grievance does not achieve resolution through the written recommendations of the Client Rights Officer, the client and/or representative may grieve to the Board of Directors through The Giving Tree’s Board Chairman by filing a written grievance within three (3) calendar days following the receipt of the recommendations by the agency’s ClientRights Officer. The reason for the request should be stated in the grievance. The Client Rights Officer is available to assist in any part of the grievance process. If you wish to meet with the Board of Directors please contact the Client Rights Officers to set up a meeting time and place. c. The Board of Directors through the Board’s Chair will hear any grievances regarding the recommendations for resolution of the complaint as presented by the agency’s Client Rights Officer within five (5)calendar days of the receipt of the written grievance request. Present status of the recommendations of the resolution and any other relevant written information shall be utilized by the Board in making its decision. Written notification and explanation of the resolution will be provided along with time limits for the recommendations, if applicable, to the client or representative, if other than the client and with the client’s written permission,within ten (10) calendar days of the filing of the grievance. The Board of Directors recommendations and decisions on the grievance shall be final d.If the twenty one (21) day resolution period must be extended due to extenuating circumstance the extension will be documented and written notification will be given to the grievant.
RESOURCE AGENCIES
Attorney General’s Office
Health Care Fraud Unit 101 E. Town Street
Columbus, OH 43215
Client Advocacy Coordinator Ohio Department of Mental Health 30 East Broad Street, 8th Floor Columbus, OH 43266 (614) 466-2333
(614)466-1571(fax)
Client Assistance Program (For Vocational Rehabilitation) C/O Ohio Legal Rights Service 8 East Long Street (614)466-7264 or (800)282-9181 (614)644-1888(fax)
Ohio Counselor & Social Worker Board 77 S High Street, 16th Floor Columbus, Ohio 43266-0340 (614)466-0912
Equal Employment Opportunity Cleveland Office Skylight Office Tower 1660 W. 2nd Street, Suite 850 Cleveland, OH 44113 (216)522-2001 (216)522-2002
Nursing Education & Nurse Reg Board 77 South High Street, 17th Floor Columbus, OH 43266-0316 (614)466-3947
Office of the Americans w/Disabilities U.S. Department of Justice Box 66118 Washington, DC 20035-6118 ADA Info Line (800)514-1301 ---V (800)514-0383----T
Ohio Department of Alcohol & Drug Services Two Nationwide Plaza, 12th Floor 280 North High Street Columbus, OH 43215 (614)466-3445
Ohio Department of Mental Health 30 East Broad Street, 5th Floor Columbus, OH 43215 (614)466-2596
Ohio Governor’s Council on People w/Disabilities 400 E Campus View Blvd Columbus, OH 43235 (800)282-4536 ext 391 (614)438-1391 both VT
Ohio Legal Rights Services 8 East Long Street Columbus, OH 43266-0523 (614) 466-7264 (800) 282-9181 (614) 644-8112 (fax)
Ohio Nursing 4000 E. Main Street P.O. Box 13169 Columbus, OH 43213 (614)237-5414
Ohio Psychiatric Association 1480 West Lane Avenue, Suite F Columbus, OH 43215 (614)481-7555 (614)481-7559 (fax)
Ohio Psychological 131 N. High Street, Suite 300 Columbus, OH 43213 (614)224-0034
Mental Health & Recovery Board of Erie & Ottawa Co. C/O Dr. Kirk Halliday, Executive Director 416 Columbus, Ave Sandusky, OH 44870 (419)627-1908 or (800)627-4999
Ohio Resource Center on Deafness 199 S. Central Avenue Columbus, OH 43223 614 781 6670 (Voice & TDD) local
President’s Committee of Employment of People with Disabilities 1331 F. Street, NW, 3rd Street Washington, DC 2004 (202)376-6200 ---V (202)376-6205 –T
State Board of Psychology 77 South High Street, 17th Floor Columbus, OH 43266-0321 (614)644-8808 (614)644-8112
State Medical Board 77 South High Street, 17th Floor Columbus, OH 43266-0315 (614)466-3934
U.S. Department of Health & Human Services 300 S. Wacker Drive Chicago, IL 60606 (312)3535160
U.S. Dept. of Health & Human Services Office for Civil Rights –Region V. ATTN: Marilyn Brusherd Chicago, IL 60603 (312)886-5078
U.S. Equal Employment Opportunity Commission 1801 L. Street, NW, Room 9024 Washington, DC 20507 (800)669-4000 ---V (800)669-6820 ---T