N.Y. Comp. Codes R. & Regs. tit. 14 § 599.7

Current through Register Vol. 46, No. 43, October 23, 2024

Section 599.7 - Rights of recipients

(a) Recipients admitted to a Mental Health Outpatient Treatment and Rehabilitative Service program certified pursuant to this Part are entitled to the rights defined in this subdivision. A provider of service shall be responsible for ensuring the protection of these rights.

(1) Recipients have the right to an individualized plan of treatment services and to participate to the fullest extent consistent with the recipients' capacity in the establishment and revision of that plan.

(2) Recipients have the right to a full explanation of the services provided in accordance with their treatment plan.

(3) Participation in treatment in a Mental Health Outpatient Treatment and Rehabilitative Service program is voluntary and recipients are presumed to have the capacity to consent to such treatment. The right to participate voluntarily in and to consent to treatment shall be limited only pursuant to a court order or in accordance with applicable provisions of law.

(4) While a recipient's full participation in treatment is a central goal, a n individual/guardian's objection to their treatment plan, or disagreement with any portion thereof, shall not, in and of itself, result in their termination from the program unless such objection renders continued participation in the program clinically inappropriate or would endanger the safety of the individual or others.

(5) The confidentiality of recipients' clinical records shall be maintained in accordance with applicable State and Federal laws and regulations, which may include, but are not limited to section 33.13 of the Mental Hygiene Law, article 27-F of the Public Health Law, the Health Insurance Portability and Accountability Act (HIPAA), and 42 CFR part 2.

(6) Recipients shall be assured access to their clinical records, including their mental illness diagnosis, consistent with section 33.16 of the Mental Hygiene Law and applicable Federal requirements.

(7) Recipients have the right to receive clinically appropriate care and treatment that is suited to their needs and skillfully, safely and humanely administered with full respect for their dignity and personal integrity.

(8) Recipients have the right to receive services in such a manner as to ensure nondiscrimination.

(9) Recipients have the right to be treated in a way that acknowledges and respects their cultural environment including the provision of language assistance services at no cost to the Individual and/or collaterals and shall make all necessary documents available in the recipient's preferred language.

(10) Recipients have the right to a reasonable degree of privacy consistent with the effective delivery of services.

(11) Recipients have the right to freedom from abuse and mistreatment by employees.

(12) Recipients have the right to be informed of the provider's grievance policies and procedures, and to initiate any question, complaint or objection accordingly.

(b) A provider of service shall provide a notice of recipients' rights as described in subdivision (a) of this section to each individual upon admission to a Mental Health Outpatient Treatment and Rehabilitative Service program. Such notice shall be provided in writing and posted in a conspicuous location easily accessible to the public. The notice shall include the address and telephone number of the Justice Center, the nearest regional office of the Protection and Advocacy for Mentally Ill Individuals Program, the nearest chapter of the Alliance on Mental Illness of New York State and the Office of Mental Health.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 599.7

Amended New York State Register November 23, 2022/Volume XLIV, Issue 47, eff. 11/23/2022