All Wellmore Centre Clients Have The Following Rights:
The right to be treated with consideration and respect for personal dignity, autonomy, and privacy.
The right to service in a humane setting which is the least restrictive feasible as defined in the treatment plan.
The right to reasonable protection from physical, sexual or emotional abuse and inhumane treatment.
The right to be informed of one’s own condition, of proposed or current services, treatment or therapies, and of the alternatives.
The right to consent to or refuse any service, treatment, or therapy upon full explanation of the expected consequences of such consent or refusal, including medication absent an emergency; A parent or legal guardian may consent to or refuse any service, treatment or therapy on behalf of a minor client.
The right to participate in the development, review and revision of a current, written, individualized service plan (and receive a copy) 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.
The right to active and informed participation in the establishment, periodic review, and reassessment of the service plan; If access is restricted, the treatment plan shall include the reason for the restriction, a goal to remove the restriction, and the treatment being offered to remove the restriction.
The right to freedom from unnecessary or excessive medication.
The right to freedom from unnecessary restraint or seclusion; unless there is immediate risk of physical harm to self or others.
The right 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 service, 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.
The right to be informed of and refuse any unusual or hazardous treatment procedures.
The right to be advised of and refuse observation by techniques such as one-way vision mirrors, tape recorders, televisions, movies, or photographs.
The right to have the opportunity to consult with independent treatment specialists or legal counsel, at one’s own expense; the right to consult with an independent treatment specialist or legal counsel at one’s own expense.
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 statutes, 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.
The right to have access to one’s own psychiatric, medical or other treatment records, unless access to 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. If possible, a plan shall be developed to ameliorate treatment issues standing in the way of viewing one’s own records. 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.
The right to be informed a reasonable amount of time in advance of the reason for terminating participation in a service, and to be provided a referral, unless the service is unavailable or not necessary.
The right to receive an explanation of the reasons for denial of service.
The right not to be discriminated against for receiving services 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 prohibited by local, state or federal laws.
The right to know the cost of services.
The right to be verbally informed of all client rights, and to receive a written copy upon request.
The right to exercise any and all rights without reprisal in any form including continued and un-compromised access to service; except that no right extends so far as to supersede health and safety considerations.
The right to file a grievance; and the right to have oral and written instructions concerning the procedure for filing a grievance, and to assistance in filing a grievance if requested.
The Grievance Process may be initiated through any employee of the Wellmore Centre.
GRIEVANCE / CLIENTS RIGHTS POLICY AND PROCEDURE
The Wellmore Centre maintains a formal process through which applicants, clients, and other stakeholders can express and resolve client’s rights grievances, including denial of service. This process includes:
In-person review and explanation of this procedure at either the initial or second face to face contact with Wellmore Centre staff; signatures acknowledging receipt and explanation; the right to file a grievance without interference or retaliation; the right to have all aspects of the procedure explained upon request; the right to have assistance in filing a grievance if necessary; the right to have the Wellmore Centre staff investigate the grievance on their behalf, including representing them at any hearing if necessary; timely written notification of the resolution and an explanation of any further appeal, rights or recourse; at least one level of review that does not involve the person about whom the grievance has been made or the person who reached the decision under review; and the right of the client, family member, or stakeholder to be heard by a panel or person delegated to review responsibility.
A stakeholder is defined as, any person, group, or organization that has a vested interest in the services provided by the Wellmore Centre. Examples may include: clients, family members of clients, personnel, funding organizations, referral organizations, vendors, and governmental bodies.
PROCEDURE:
A Clients Rights Grievance is defined as, an expression of verbal or written dissatisfaction with a Clients’ Rights issue, that can include, but is not limited to, services, manner of treatment, outcomes, or experiences. ALL GRIEVANCES OF ANY KIND ARE TO BE HANDLED IN A MANNER WHICH RESPECTS THE RIGHTS OF THE INDIVIDUAL TO VOICE THEM.
Applicants, clients, and/or other stakeholders are not required to transmit a grievance through the staff member who is the subject of the grievance. The Wellmore Centre staff or other clients shall not retaliate against the person filing the grievance. The Wellmore Centre shall make every effort to ensure that any grievance is resolved within twenty (20) business days of the filing of the grievance. Any unresolved grievances are reviewed by the CRO or Executive Director of the Wellmore Centre within twenty (20) business days of the filing of the complaint.
If the grievance cannot be resolved within twenty (20) business days, a written explanation of the reason why the grievance has not been resolved within twenty (20) business days will be placed in the client’s record. A written report of each grievance and the resolution shall be compiled and a copy placed in the client’s record. Should extenuating circumstances exist, as defined by either the client or the Wellmore Centre, the time period for resolving the grievance shall be extended beyond the specified twenty (20) business days.
The Wellmore Centre designated Clients Rights Officer (CRO) is Lindsey Parrish. Lindsey Parrish may be contacted by calling the Wellmore Centre at 234-801-2469. If Lindsey Parrish is not immediately available at the Wellmore Centre, Ms. Lori Caughey, Wellmore Centre Administrative Assistant, may be contacted at that same number and will be able to reach her. As CRO, Ms. Parrish is responsible to ensure that all Clients Rights activities are carried out as described in this policy, and in accordance with OhioMHAS requirements. In addition, as CRO, he ensures the maintenance of all records regarding Clients’ Rights Grievances. Ms. Parrish will serve as the client advocate who will be available to assist a client in filing of a grievance, and ensure the following requirements are met: These requirements are drawn from the OAC, and represent the procedures of the Wellmore Centre:
Requirement that the grievance must be put into writing; that the grievance may be made verbally and the client advocate shall be responsible for preparing a written text of the grievance.
Requirement that the written grievance must be dated and signed by the client, the individual filing the grievance on behalf of the client, or have an attestation by the client advocate that the written grievance is a true and accurate representation of the client’s grievance.
Requirement that the grievance include, if available, the date, approximate time, description of the incident and names of individuals involved in the incident or situation being grieved.
Statement that the Wellmore Centre will make a resolution decision on the grievance within twenty (20) business days of receipt of the grievance. Any extenuating circumstances, as defined by either party, indicating that this time period will need to be extended must be documented in the grievance file and written notification given to the client.
Requirement that a written acknowledgment of receipt of the grievance be provided to each grievant. Such acknowledgment shall be provided within three business days from receipt of the grievance. The written acknowledgment shall include, but not be limited to, the following:
Date grievance was received;
Summary of grievance;
Overview of grievance investigation process;
Timetable for completion of investigation and notification of resolution; and,
CRO or designee contact name, address and telephone number.
The individual may also file a Clients’ Rights Grievance by writing directly to the same parties, or any staff, at the Wellmore Centre, 204 2 nd St. NE, New Philadelphia, Ohio 44663. A complaint may also be directed against the CRO.
RESOLUTION:
Within 5 business days, CRO or designee will investigate the charge and report findings and any resolution back to the individual who filed the grievance. If the individual continues to feel the matter is not resolved, the CRO will refer the investigation to the Wellmore Centre Executive Director. Final written resolution shall be given to the individual who filed the grievance within 30 days of receipt of the grievance. Upon resolution, completed paperwork shall be filed immediately with the CRO, unless they are the party the grievance is against, in which case it will be filed with the Executive Director. The Wellmore Centre policy is that written files shall be maintained for at least two years from resolution. These records of client grievances will include, at a minimum, the following: (a) Copy of the grievance; (b) Documentation reflecting process used and resolution/remedy of the grievance; and, (c) Documentation, if applicable, of extenuating circumstances for extending the time period for resolving the grievance beyond twenty (20) business days.
REPORTING:
The Wellmore Centre shall make an annual report to the advisory board. This report shall also be made available, upon request, to any other regulatory authority.
A copy of the Clients’ Rights grievance, or appeal is to be maintained in the CRO’s office for at least two years. This will include a copy of all documents related to the grievance or appeal, documentation of resolution, copy of letter to the individual who filed the grievance reflecting the resolution of the grievance. The CRO is also responsible for tracking grievances and conducts quarterly reviews.
The individual who filed the grievance has the right to register their concern outside of the Wellmore Centre. This is their right and no staff person should in any way interfere with their exercising this right. Further, the Wellmore Centre will furnish the following addresses, phone numbers and if known the name of the appropriate contact person to any individual filing a formal clients’ rights grievance. The list of places to which an appeal or concern might be directed outside of the Wellmore Centre include but are not limited to:
Ohio Department of Mental Health and Addiction Services, 30 E. Broad St., Suite 742, Columbus, Ohio 43215 / (614) 466-2596
Disability Rights Ohio, 2000 S Civic Ctr Drive, Suite 300, Columbus, Ohio 43215 / (614) 466-7264
Department of Health and Human Services, Civil Rights Regional Office 233 N. Michigan Ave., Suite 240, Chicago, Illinois, 60601 / 1-800-368-1019
ADAMHS (Alcohol, Drug Addiction and Mental Health Services) Board, 119 Garland Drive S.W., New Philadelphia, OH 44663 / (330) 364.6488