1	NEWAYGO COUNTY MENTAL HEALTH RECIPIENT RIGHTS OFFICE WELCOME TO RECIPIENT RIGHTS SYSTEM OVERVIEW
2	"SYSTEM OVERVIEW" SYSTEM OVERVIEW
3	DCH/Office of Recipient Rights Mental Health Code – Chapter 7 & 7A Administrative Rules Training for CMH/ORR Staff Consultation Monitoring Semi Annual and Annual Reports Recertification – On Site Visits – every three years
4	NCMH OFFICE OF RECIPIENT RIGHTS Consultation/Education Staff – Initial and Periodic/Annual Recipient Rights Committee/Board Consumers/Community Monitoring Incident Reports Site Visits – NCMH & AFC/Inpatient Contract Sites Complaint Investigations/Interventions
5	RECIPIENT RIGHTS ADVISORY COMMITTEE Representation Primary & Secondary Consumers Community Members Board Members Meet Quarterly – Open Meetings – Public Invited Monitor the function of the Rights Office Complaints/Allegations/Resolution Incident Reports Consultations/Site Reviews/Training Semi & Annual Reports to DCH/ORR
6	RECIPIENT RIGHTS ADVISORY COMMITTEE Protects the Office of Recipient Rights by assuring: Adequate recipient rights budget Sufficient training for rights staff Protection for rights staff from harassment & retaliation resulting from rights activities Recipient Rights Officer is subordinate only to the Executive Director
7	RECIPIENT RIGHTS ADVISORY COMMITTEE Protects the Office of Recipient Rights by assuring: Executive Director does not select, replace, or dismiss the Recipient Rights Officer without first consulting with the Committee Unimpeded access by rights office staff to: All programs and services All staff employed by CMH or contracted service All evidence which may be necessary for a thorough investigation
8	RECIPIENT RIGHTS ADVISORY COMMITTEE FUNCTION AS THE APPEALS COMMITTEE CLOSED MEETING - Committee Only REVIEW INVESTIGATIVE FILE MAKE DETERMINATION TO: Uphold ORR Findings and Action Taken, Uphold Findings/Recommend Additional Action, Ask Rights Office to Reinvestigate, or Recommend Investigation by DCH/ORR
9	"COMPLAINTS" COMPLAINTS & APPEALS
10	COMPLAINT PROCESS Complaint Filed Unhindered Access to Rights Office Anyone on behalf of the consumer Written or Verbal Anonymous Investigation/Intervention Conclusion/Reports/Remedial Action
11	COMPLAINT PROCESS Staff Responsibility File complaint on behalf of consumer Assist consumer with filing complaint Cooperate with investigations Recipient rights complaints are given directly to the Recipient Rights Office
12	"FAILURE TO REPORT" FAILURE TO REPORT A RECIPIENT RIGHTS VIOLATION IS A RECIPIENT RIGHTS VIOLATION (Recipient Rights Protection System – Category 7520)
13	COMPLAINT PROCESS EMPLOYEE RIGHTS
14	APPEAL PROCESS Who can file an appeal Complainant Consumer (if different than the complainant) Parent or Guardian (as applicable) Where to file an appeal Recipient Rights Appeals Committee Newaygo County CMH
15	APPEAL PROCESS Basis for Recipient Rights Appeal Unhappy with outcome of investigation Investigation by ORR not timely Unhappy with remedial/disciplinary action taken Staff Responsibility Assist complainant with filing appeal (Consumer, if different than complainant, parent or guardian may also file an appeal)
16	"CONFIDENTIALITY" CONFIDENTIALITY
17	MUM’S THE WORD A Recipient’s Right to Confidentiality
18	CONSENT - ROI VALID RELEASE OF INFORMATION: CONSUMER NAME (Identifying Information) NAME OF RECEIVER (Identifying Information) WHAT WILL BE RELEASED PURPOSE OF DISCLOSURE ORIGINAL SIGNATURE OF CONSUMER ORIGINAL WITNESS SIGNATURE DATE OF SIGNATURES
19	"BACKDATING RELEASES" BACKDATING RELEASES IS FALSIFICATION OF RECORDS
20	CONFIDENTIALITY CONSUMER ACCESS TO RECORDS Adults Cannot withhold information (Includes everything in the file) Children or Adults with Guardians May withhold for detriment Must inform (in writing) and document reason Must notify (in writing) of right to appeal and/or file a recipient rights complaint
21	CONFIDENTIALITY SUBSTANCE ABUSE INFORMATION AIDS/HIV/ARC INFORMATION Covered by Federal Regulations Requires Additional Authorization Need to remove from outgoing documents (if no specific release signed)
22	CONFIDENTIALITY Authorization Exceptions Collect for Services (limited information) Lawsuit for Malpractice Court Order Duty to Warn Abuse/Neglect
23	COURT ORDERS Signed by Judge Must Release Information SUBPOENAS - must be accompanied by: Release of Information Authorization or Court Order
24	Duty to Warn (THREATS OF PHYSICAL HARM) CALL THREATENED PERSON CALL POLICE HOSPITALIZE
25	ABUSE & NEGLECT CHILDREN’S PROTECTIVE SERVICES
26	ABUSE & NEGLECT CHILDREN’S PROTECTIVE SERVICES CALL – IMMEDIATELY WRITTEN REPORT – WITHIN 24 HOURS (ALSO NOTIFY POLICE – ABUSE)
27	ABUSE & NEGLECT ADULT PROTECTIVE SERVICES CALL – IMMEDIATELY WRITTEN REPORT – WITHIN 24 HOURS (NOTIFY POLICE – ABUSE)
28	"FAILURE TO REPORT" FAILURE TO REPORT INTERNAL RECIPIENT ABUSE OR NEGLECT IS A NEGLECT VIOLATION (Administrative Rules 330.7001 – Definitions)
29	TO FAX OR NOT TO FAX EMERGENCY ONLY! LIMITED INFORMATION! (ONLY WHAT’S NECESSARY) (Agency Policy – Confidentiality)
30	"PERSON CENTERED PLANNING" PERSON CENTERED PLANNING
31	PERSON CENTERED PLANNING CONSUMERS HAVE A RIGHT TO: RECEIVE SUITABLE SERVICES
32	PERSON CENTERED PLANNING SUITABLE SERVICES MEANS: SERVICES SUITED TO HIS/HER CONDITION LEAST RESTRICTIVE SETTING Appropriate and Available (Mental Health Code 330.1708)
33	PERSON CENTERED PLANNING A PROCESS “Person Centered Planning” means a process for planning and supporting the individual receiving services that . . . Builds upon the individual’s capacity to engage in activities that promote community life, and honors the individual’s preferences, choices and abilities. (Mental Health Code 330.1700 – Definitions)
34	PERSON CENTERED PLANNING CONSUMER CHOICES
35	PERSON CENTERED PLANNING CHOICE OF WHAT??!! Who Participates in PCP Process Unless substantial risk of physical/emotional harm AND/OR Substantial disruption of the planning process Dates, Time and Place of PCP Meeting Convenient for the individual & to the people he/she wants (reasonable & appropriate - place must be a confidential setting)
36	PERSON CENTERED PLANNING CHOICE OF WHAT??!! Physician or Mental Health Professional Within the limits of available staff According to agency policy Allowed to see mental health professional at any reasonable time (Mental Health Code – 330.1713 & 330.1715)
37	PERSON CENTERED PLANNING CHOICE OF WHAT??!! Potential Support and/or Treatment OPTIONS Appropriate and Available Best Practice Guidelines Covered Benefit Clearly Explained Suitable Services
38	PERSON CENTERED PLANNING SUMMARY A PROCESS THAT: Honors/considers consumer choices (no guarantees/can’t always grant) Creates community connections Maximizes independence
39	PERSON CENTERED PLANNING SUMMARY A PROCESS THAT: Works toward achieving the individual’s dreams, goals & desires through: treatment & support options individualized plan of service Encourages strengthening & developing natural supports joint responsibility of CMHSP & the individual
40	PERSON CENTERED PLANNING WHAT’S YOUR FATE? THIS???
41	PERSON CENTERED PLANNING WHAT’S YOUR FATE? OR THIS?
42	"OTHER" OTHER TREATMENT RIGHTS
43	INFORMED CONSENT Legally Competent (No Guardian) Knowledgeable (Risks and Benefits) Voluntary (Free Choice)
44	INFORMED CONSENT APPLIES TO ALL CONSENTS
45	DIGNITY/RESPECT A recipient has the right to be treated with dignity and respect. Family members of recipients shall be treated with dignity and respect. (Mental Health Code 330.1708(4) & 330.1711)
46	PHOTOGRAPHS/TAPING Written consent must be obtained prior to: Photographing/Videotaping Audio taping Use of one way glass
47	LIMITATIONS Some Rights May Not Be Limited
48	LIMITATIONS Some rights may be limited by treatment plan or guardian (e.g. property, money, freedom of movement) Must be included in plan of service Must have signature of consumer (or parent/guardian as applicable)
49	LIMITATIONS By Guardian Consumer no longer considered competent Guardian decides/consents Staff Responsibility Know type of guardianship Know guardian’s authority Advocate for alternative (if appropriate)
50	"INCIDENT REPORTING" INCIDENT REPORTING
51	INCIDENT REPORTING Definition Any happening, event or situation not consistent with desired operation of NCMH and which caused or may have the potential to cause injury to consumers, visitors, students or staff; or loss or damage to property
52	INCIDENT REPORTING Staff Responsibility File an Incident Report (form) If involved in or observed event/incident Includes Recipient Rights Violations Route to Supervisor Within 24 hours (one business day) Abuse/Neglect (Immediately) (NOT ALL INCIDENTS ARE RIGHTS VIOLATIONS)
53	"CONTACT US" CONTACT US!
54	OFFICE OF RECIPIENT RIGHTS NEWAYGO COUNTY MENTAL HEALTH 1049 NEWELL STREET P.O. BOX 867 WHITE CLOUD, MI 49349 PHONE: 689-7330 (Local Call) 1-800-968-7330 (Toll Free) RECIPIENT RIGHTS OFFICER CHERYL L. PARKER, RHIT RECIPIENT RIGHTS ADVISORS PEGGY RUMSEY BEATRICE STEVENS