W. Va. Code R. § 69-11-19

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 69-11-19 - Patient Rights

19.1. Each MAT program shall develop and implement policies and procedures which guarantee the following rights to patients:

19.1.a. To be informed, both verbally and in writing, of program rules and regulations and patient's rights and responsibilities. The rights and responsibilities shall be posted prominently and reviewed with the patient at admission, at the end of a stabilization period, at the time of an annual treatment review and at any time that changes in the rights and responsibilities occur;

19.1.b. To receive treatment provided in a fair and impartial manner free from unlawful discriminatory practices pursuant to W. Va. Code § 5-11-9.

19.1.c. To receive an individualized treatment plan of care developed according to guidelines established by a nationally recognized authority and approved by the Secretary. The individualized treatment plan of care shall include a recovery model, shall be reviewed periodically by the interdisciplinary team, and shall be maintained in the patient's chart;

19.1.d. To receive medications required by the individualized treatment plan of care on a schedule developed in accordance with applicable federal requirements and approved guidelines and protocols and that is the most accommodating and least intrusive and disruptive method of treatment for most patients;

19.1.e. To be informed that random drug testing of all patients shall be conducted during the course of treatment as required by paragraph 34.2.d.1., and that any refusal to participate in a random drug test shall be considered a positive test. The patient shall be informed of the consequences of having a positive drug screen result;

19.1.f. To be entitled to participate in a MAT program that provides an adequate number of competent, qualified and experienced professional staff to implement and supervise the individualized treatment plan of care;

19.1.g. To be informed about potential interactions with and adverse reactions to other substances, including alcohol, other prescribed medications, over-the-counter pharmacological agents, other medical procedures, and food;

19.1.h. To be informed about the financial aspects of treatment, including the consequences of nonpayment of required fees;

19.1.i. To be given a copy of the initial assessment, written acceptance into the program; or, in the case of denial of admission, a full explanation as to the basis of the denial, and a referral to another MAT program based upon the results of the initial assessment;

19.1.j. To confidentiality in accordance with federal regulations, 42 C.F.R. Part 2 , and the Health Insurance Portability and Accountability Act of 1996, as amended;

19.1.k. To be informed of the extent of confidentiality, including the conditions under which information can be released without consent, the use of identifying information for the purposes of program evaluation, billing and statutory requirements for reporting abuse;

19.1.l. To give informed consent prior to being involved in research projects and the right to retain a copy of the informed consent form;

19.1.m. To full disclosure of information about treatment and medication, including accommodation for those who do not speak English, or who are otherwise unable to read an informed consent form; and

19.1.n. The patient, as well as the staff and the public, are entitled to protection from other patients who act out. The program shall attempt to determine the cause of that behavior so that an appropriate referral to an alternative method of care can be made.

19.2. The MAT program shall have patient grievance procedures which shall be displayed in the patient care area in a conspicuous place and easily available to patients. They should include program rules, consequences of noncompliance and procedures for filing a complaint or grievance. The procedures shall inform the patients of the following:

19.2.a. The right of a patient to express verbally or in writing his or her dissatisfaction with or complaints about treatment received;

19.2.b. The right of a patient to initiate grievance procedures without fear of reprisal;

19.2.c. The right of a patient to be informed of the grievance procedure in a manner that can be understood by the patient; and

19.2.d. The right of a patient to receive a decision in writing with the reasoning articulated.

19.3. Administrative withdrawal shall be used only as a sanction of last resort. It is the responsibility of the program to make every attempt before a patient is discharged to accommodate the patient's desire to be referred to an alternative treatment program as appropriate.

W. Va. Code R. § 69-11-19