Know Your Rights

Know Your Rights as a Patient

Your Core Rights

• Be involved in all decisions involving your care.
• Receive care that matches your needs.
• Give informed consent for all treatment and services.
• Refuse any drug, test, procedure, or treatment.
• Be free of abuse and neglect.
• Receive care that is free from discrimination.
• Be free from the improper application of restraints or seclusion.
• Expect the facility to which you are admitted to be able to meet your care needs.
• Receive care in a safe setting.
• Be informed about any teaching programs involved in your care and to choose whether to consent to or refuse involvement of students or trainees.
• Know the names and credentials of those providing services.
• Expect compliance with any prior directives you have developed and shared with providers related to your medical and psychiatric care.
• Expect prior directives you have shared to become part of your patient record.
• Expect confidentiality of all records.
• Receive, upon request, the estimated cost of care.
• Know who to contact with complaints related to your care.
• Be notified when any referrals have financial benefit for current care facility.
• Receive care in the least restrictive setting that meets your needs.

Filing a Complaint

Rights of Children and Minors

General Rights for Minors Receiving Care

• Be involved in all decisions involving your care.
• Undergo screenings and assessments that are understood by and considerate of you.
• Engage in service planning that involves you and supports transition to other services or settings, as needed.
• Give informed consent for all treatment and procedures.
• Receive care that is free from discrimination.
• Know the members of the team providing your care.
• Know who to contact with complaints related to your care, and the freedom to do so without fear of it affecting your care.
• Sign an advance directive (living will), if allowed by law, and expect it to be followed by your healthcare team, if legal to do so.
• Receive, upon request, the estimated cost of care.
• Be informed about any teaching programs involved in your care and consent to or refuse involvement.
• Receive care in a safe setting that is free of abuse.
• Be free from the improper application of restraints or seclusion.
• Be notified when any referrals have financial benefit for current care facility.

Age-Based Consent Rights

Filing a Complaint

Involuntary Mental Health Services (M1 Holds)

Rights During an Involuntary Hold

• Be told the reason you are being detained and the limitations of the detainment.
• Request a change to voluntary status.
• Be treated fairly, with respect and recognition of your dignity and individuality.
• Continue the practice of religion.
• Request to see and receive the services of a patient representative within 24 hours of your request, who has no direct or indirect clinical, administrative, or financial responsibility for you.
• Have reasonable access to telephones or other communication devices and to make and to receive calls or communications in private.
• Keep and use your cell phone (They can only take away your cell phone if it’s causing you to destabilize or you are using it in a way that is a danger to yourself or others).
• Have appropriate access to adequate water, hygiene products, and food.
• Have your information and records disclosed or remain confidential to family members and any other person of your choice.
• Have personal privacy to the extent possible during the course of treatment.
• Contact an attorney and consult with an attorney at any time.
• Have the ability to meet with visitors in accordance with the facility’s current visitor guidelines.
• Wear your own clothes, keep and use your own personal possessions, and keep and be allowed to spend a reasonable sum of your own money.
• Not be fingerprinted, unless required by law.
• Not be photographed, except upon admission for identification and administrative purposes.
• Not be discriminated against on the basis of age, race, ethnicity, religion, culture, spoken language, physical or mental disability, socioeconomic status, sex, sexual orientation, gender identity, or gender expression.

Denial of Rights and Protections

Substance Use Emergency and Involuntary Commitment

Understanding the Process

• Emergency Commitment (EC): When a person is under the influence of or incapacitated by substances and clearly dangerous to the health and safety of himself, herself, or others, law enforcement or an emergency service patrol may take the person into protective custody. An EC may last up to 5 days.
• Involuntary Commitment (IC): A civil court process where a court may order a person to substance use treatment and they are committed to the custody of the Behavioral Health Administration for up to 270 days.

Rights During EC or IC

• Be evaluated to determine behavioral health treatment needs.
• If under emergency commitment, refuse to be examined by a licensed physician for certification.
• Receive timely medical and behavioral health care and treatment.
• Contest a commitment proceeding or to enter into a stipulated order of the court for committed treatment.
• Retain and consult with an attorney at any time, and to have an attorney appointed by the court in a timely manner if unable to obtain one.
• At any time, seek to be discharged from commitment by an order in the nature of habeas corpus.
• Sign in and seek voluntary substance use disorder treatment once no longer under the influence.
• If in committed treatment, receive a 24-hour notice prior to being transferred to another facility.
• Have reasonable access to mail and writing materials (including postage and assistance if unable to write).
• Have reasonable opportunities for continuing visitation and communication with family and friends.
• Have reasonable access to telephones and to make/receive calls in privacy.
• Wear your own clothes, keep and use personal possessions, and keep and spend a reasonable sum of your own money.
• Have access to medical records.
• Have treatment records remain confidential, except as required by law.
• Not be fingerprinted, unless required by law.
• Refuse to be photographed, except for treatment facility identification purposes.
• Have the opportunity to register and vote by absentee ballot with the assistance of facility staff.
• Have appropriate access to adequate food, water, and hygiene products.
• Have physical privacy in showering, changing, and using the restroom.
• Be treated fairly and receive the same consideration and access to services as others, regardless of race, color, national origin, age, gender identity, sexual orientation, disability, or other status.

Denial of Rights and Protections

Understanding Mental Health Insurance Parity

Identifying Parity Violations

• Separate deductibles
• Higher copays or coinsurance
• More restrictive time limits on treatment
• Different authorization requirements before care or for continuation of care
• Different geographical limitations
• Higher prescription costs
• Different residential treatment or partial hospitalization coverage
• Time delay for care
• Provider availability within a reasonable distance
• Resistance to covering doctor-recommended treatment

Suspect a Violation?