37.27.116    INDIVIDUAL OUTPATIENT TREATMENT PROVIDERS AND PREVENTION PROVIDERS, CLIENTS RIGHTS

(1) Programs approved under ARM 37.27.105 and 37.27.107 that provide treatment (including early intervention) must develop and maintain a client rights policy that supports and protects the state and federal constitutional and statutory rights, including civil rights, of all clients. These must include the right to:

(a) receive treatment free of unlawful discrimination;

(b) receive reasonable accommodations, consistent with federal and state law;

(c) receive treatment in the least restrictive environment, consistent with law, in a manner sensitive to individual needs and which promotes dignity and self-respect;

(d) have all clinical and personal information treated in accordance with state and federal confidentiality statutes and regulations;

(e) practice the religion of the client's choice, consistent with the Montana Religious Freedom Restoration Act and consisting the rights of others and the requirements of the treatment program. The client also has the right to be excused from any religious practice;

(f) review their own treatment records in the presence of treatment staff, consistent with 45 CFR 164.524 and other state and federal confidentiality statutes and regulations;

(g) be fully informed of fees charged, including fees for copying records to verify treatment and methods of payment available;

(h) be free from abuse, neglect, and financial exploitation by staff members or clients;

(i) have grievances considered in a fair and timely manner, with respect to infringements of rights described in this rule;

(j) be given a 30-day notice in the event of program closure or discontinuation of treatment services;

(k) be provided with a referral to similar treatment services, if available; and

(l) be advised how to access records to which the client is entitled.

(2) The program must inform each client and his or her representative, in an understandable manner, of the rights policy, treatment methods, and rules applicable to the client, at the time of admission or as soon thereafter as the client is capable of rational communication.

(3) The client and staff member reviewing the policy must sign a statement acknowledging the review. The statement must be maintained in the client's record.

(4) The program must post a copy of client rights in a conspicuous place in the facility, accessible to clients and staff members.

 

History: 53-24-105, 53-24-305, MCA; IMP, 53-24-305, MCA; TRANS, C. 280, L. 1975, Eff. 1/2/77; AMD, 1981 MAR p. 1899, Eff. 1/1/82; AMD, 1983 MAR p. 1463, Eff. 10/14/83; AMD, 1990 MAR p. 737, Eff. 4/13/90; TRANS, from DOC, 1998 MAR p. 1502; AMD, 2022 MAR p. 1889, Eff. 9/24/22.