To protect and enhance the rights of persons applying for or receiving services at CHC by establishing specific rights of patients and procedures for responsive and impartial resolution of patient grievances.
(1) “Patient” or “client” means an individual applying for or receiving services from CHC.
(2) “Client advocate” means the individual designated by CHC with responsibility for ensuring compliance with the client rights and grievance procedure rule as implemented within CHC. “Client advocate” has the same meaning as client rights officer or client rights specialist. CHC uses the title “Patient Rights Officer.”
(3) “Grievance” means a written complaint initiated either verbally or in writing by a client or by any other individual or provider on behalf of a client regarding denial or abuse of any client’s rights.
A complete copy of this Patient Rights Policy and Grievance Procedure may be obtained by contacting the Patient Rights Officer at 330-315-3727 or Adam.Kulesza@chcaddiction.org.
Each CHC client has all of the following rights under paragraph (D) of Ohio Administrative Code rule 5122-26-18:
(1) The right to be treated with consideration and respect for personal dignity, autonomy and privacy.
(2) The right to protection from physical, sexual or emotional abuse, neglect, and inhumane treatment and sexual exploitation.
(3) The right to receive services or supports in the least restrictive, feasible environment.
(4) The right to participate in any appropriate and available service or support that is consistent with an individualized treatment plan, regardless of the refusal of any other certified service or support, unless that certified service or support is a necessity for clear treatment reasons and involves the individual’s participation.
(5) The right to give informed consent to or to refuse any certifiable service or support.
(6) The right to participate in the development, review, and revision of one’s own individualized treatment plan and receive a copy of it.
(7) The right to freedom from unnecessary or excessive medication, and to be free from restraint or seclusion unless there is immediate risk of physical harm to self or others.
(8) The right to be informed of and refuse any unusual or hazardous treatment procedures.
(9) The right to be advised and the right to refuse observation by others and by techniques such as one-way vision mirrors, tape recorders, video recorders, television, movies, photographs or other audio and visual technology. This right does not exclude a provider from using closed-circuit monitoring to observe seclusion rooms or common areas, which does not include bathrooms or sleeping areas.
(10) The right to confidentiality of communications and personal identifying information within the limitations and constraints for disclosure of client information under state and federal laws and regulations.
With respect to an adult client receiving residential and withdrawal management substance use disorder services as described in rule 5122-29-09 of the Administrative Code, the right to confidentiality of communications includes the right to write or receive uncensored, unopened correspondence subject to the provider’s rules regarding contraband when such rules do not conflict with federal postal regulations.
With respect to an unemancipated minor client receiving residential and withdrawal management substance use disorder services as described in rule 5122-29-09 of the Administrative Code, the right to confidentiality of communications includes the right to write or receive mail subject to the provider’s policy regarding contraband and directives from the parent or legal guardian, when such rules and directives do not conflict with federal postal regulations.
(11) The right to have access to one’s own client record unless access to certain information is restricted for clear treatment reasons. If access is restricted, the treatment plan is to include the reason for the restriction, a goal to remove the restriction, and the treatment being offered to remove the restriction.
(12) The right to be informed in advance of the reason for terminating participation in a certifiable service or support, and to be provided a referral, unless the certifiable service or support is unavailable or not necessary.
(13) The right to be informed of the reason for denial of a certifiable service or support.
(14) The right not to be discriminated against for receiving certifiable services or supports on the basis of race, ethnicity, age, color, religion, gender, national origin, sexual orientation, physical or mental handicap, developmental disability, genetic information, human immunodeficiency virus status, or in any manner forbidden by local, state or federal laws.
(15) The right to know the cost of certifiable services or supports.
(16) The right to be verbally informed of all client rights and receive a written copy upon request.
(17) The right to exercise one’s own rights without reprisal, except that no right extends so far as to supersede health and safety considerations.
(18) The right to file a grievance.
(19) The right to have oral and written instructions concerning the procedure for filing a grievance, and to assistance in filing a grievance if requested.
(20) The right to be informed of one’s own condition.
(21) The right to consult with an independent treatment specialist or legal counsel at one’s own expense.
(1) The Chief Executive Officer has designated Adam Kulesza, Compliance Officer, as CHC’s Patient Rights Officer and Client Advocate. The Patient Rights Officer is responsible for ensuring compliance with this policy and procedure, assisting clients in filing grievances, and coordinating review and resolution of grievances.
(2) The Patient Rights Officer is located at 745 East Market Street, Akron, Ohio 44305 and is available Monday through Friday from 7:30 a.m. to 3:30 p.m. The Patient Rights Officer may be reached at 330-315-3727 or Adam.Kulesza@chcaddiction.org.
(3) The Patient Rights Officer is available onsite at 745 East Market Street and may be accessed from other CHC locations through secure videoconferencing or other virtual means during the posted hours of availability. When a client chooses virtual access, CHC will provide a private space on CHC premises and the equipment necessary to meet privately with the Patient Rights Officer.
(4) At least one staff member trained to receive a grievance and promptly pass it to the Patient Rights Officer will be available onsite during a core number of hours each day a CHC location is open. A client may give a grievance to the Patient Rights Officer, a site supervisor, or any staff member designated and trained to receive grievances.
(1) A client has the right to file a grievance internally with CHC or directly with an outside organization. Use of CHC’s internal grievance process is not required before contacting an outside organization.
(2) A grievance is to be in writing. A grievance may be made verbally, and the Patient Rights Officer or designee is responsible for preparing a written text of the grievance and assisting the client with filing when requested.
(3) The written grievance is to be dated and signed by the client or the individual filing the grievance on behalf of the client, or include an attestation by the Patient Rights Officer that the written grievance is a true and accurate representation of the client’s grievance.
(4) The grievance is to include, if available, the date, approximate time, description of the incident, and names of individuals involved in the incident or situation being grieved.
(5) CHC will make a decision on the grievance within twenty business days of receipt of the grievance. Any extenuating circumstances indicating that this time period needs to be extended will be documented in the grievance file, and written notification of the extension will be provided to the client.
(6) CHC will provide written acknowledgment of receipt of the grievance to each grievant within three business days after receipt. The written acknowledgment will include, but is not limited to, the following:
(a) The date the grievance was received;
(b) A summary of the grievance;
(c) An overview of the grievance investigation process;
(d) The timetable for completion of the investigation and notification of resolution; and
(e) The CHC contact name, address, and telephone number.
(7) CHC will maintain records of client grievances for at least two years from resolution. Each grievance record will include, at a minimum:
(a) A copy of the grievance;
(b) Documentation reflecting the process used and the resolution or remedy of the grievance; and
(c) If applicable, documentation of extenuating circumstances for extending the time period for resolving the grievance beyond twenty business days.
(8) Grievance records will be monitored for emerging trends or patterns and findings will be reported to CHC’s Performance Improvement Committee and Chief Executive Officer on a regular basis.
(1) This Patient Rights Policy and Grievance Procedure will be posted in each location in which services are provided, unless the location is not under CHC’s control, such as a shared school, jail, or other community location, and it is not feasible for CHC to post the policy and procedure.
(2) This Patient Rights Policy and Grievance Procedure will be posted in a conspicuous location that is accessible to individuals served, their family or significant others, and the public.
(3) When a service location is not under CHC’s control and posting is not feasible, CHC will assure that copies are available at the location for each individual who requests a written copy.
(4) This Patient Rights Policy and Grievance Procedure will also be posted in a conspicuous location on CHC’s website, along with the Patient Rights Officer’s name, telephone number, and email address.
(5) The posted client advocate information will include the Patient Rights Officer’s name, title, location, hours of availability, telephone number, and email address.
(1) CHC will explain the patient rights policy to each individual served prior to or when beginning assessment or certifiable treatment services or supports and will maintain documentation of the explanation in the individual client record (ICR). CHC will provide a written copy of the policy and grievance procedure upon request and may provide the written copy routinely at admission or intake.
(2) In a crisis or emergency situation, or when the client does not present for certifiable services or supports in person, such as through a hotline, CHC may verbally advise the client of at least the immediately pertinent rights only, including the right to consent to or refuse the offered treatment and the consequences of agreement or refusal. A full verbal explanation of the patient rights policy will be provided at the first subsequent meeting.
(3) Clients or recipients of referral and information service or consultation service described in Chapter 5122-29 of the Administrative Code may receive a copy and explanation of the patient rights policy upon request.
(4) All explanations of rights will be provided in a manner appropriate for the individual’s understanding, including use of interpretation, accessibility supports, or other reasonable communication assistance when needed.
(1) All staff are expected to follow this Patient Rights Policy and Grievance Procedure.
(2) CHC will maintain documentation in each applicable personnel file, including files for contract staff, volunteers, and student interns, that the individual received a copy of the patient rights policy and grievance procedure and agreed to abide by them.
(3) The policy and procedure will be included in CHC’s policy and procedure materials and reviewed during orientation. Staff will provide a copy to any client and explain the policy or grievance procedure upon request.
CHC provides services without discrimination on the basis of race, ethnicity, age, color, religion, gender, national origin, sexual orientation, physical or mental handicap, developmental disability, genetic information, human immunodeficiency virus status, or any other basis forbidden by local, state, or federal law. The person designated to coordinate compliance with Section 504 of the Rehabilitation Act of 1973 is Adam Kulesza, who may be reached at 330-315-3727.
CHC
Adam Kulesza, Patient Rights Officer
745 East Market Street
Akron, Ohio 44305
Telephone: 330-315-3727
Email: Adam.Kulesza@chcakron.org
Hours of Availability: Monday through Friday, 7:30 a.m. to 3:30 p.m.
| County of Summit Alcohol, Drug Addiction, and Mental Health Board 1867 West Market Street, Suite B2 Akron, Ohio 44313-6914 Telephone: 330-762-3500 Toll-Free: 877-604-0006 | Ohio Department of Behavioral Health 30 East Broad Street, 36th Floor Columbus, Ohio 43215-3430 Telephone: 614-466-2596 |
| Disability Rights Ohio Attn: Intake Department 200 Civic Center Drive, Suite 300 Columbus, Ohio 43215 Telephone: 614-466-7264 Toll-Free in Ohio: 800-282-9181 | U.S. Department of Health and Human Services Office for Civil Rights, Midwest Region 233 North Michigan Avenue, Suite 240 Chicago, Illinois 60601 Customer Response Center: 800-368-1019 TDD: 800-537-7697 |