Community Grievance Decision Digest
CLIENT RIGHTS LIMITATION or DENIAL DOCUMENTATION (CRLD)
PROCESS
THE LAW:
"A patient's rights
guaranteed under [51.61] sub.
(1)(p) to (t) may be denied for
cause after review by the director of the facility, and may be denied
when medically or therapeutically
contraindicated as documented by the patient's physician or licensed
psychologist in the patient's treatment record.
The individual shall be informed
in writing of the grounds for withdrawal of the right and shall have
the opportunity for a review of the withdrawal of the right in an informal
hearing before the director of the facility or his or her designee.
There shall be documentation of the grounds for withdrawal of
rights in the patient's treatment record.
After an informal hearing is held, a patient or his or her
representative may petition for review
of the denial of any right under this subsection through the use of
the grievance procedure provided in sub. (5) or, alternatively or in
addition to the use of such procedure, may bring an action under sub.
(7)."
§ 51.61(2), Wis. Stats. [Emphasis
added.]
"(1)
No patient right may be denied except as provided under s.
51.61(2), Stats., and as otherwise specified in this chapter.
(2)(a) Good cause for denial or limitation of a right exists only when the
director or designee of the treatment facility has reason to believe the
exercise of the right would create a security problem, adversely affect
the patient's treatment or seriously interfere with the rights or safety
of others.
(b)
Denial of a right may only be made when there are documented
reasons to believe there is not a less restrictive way of protecting the threatened security,
treatment or management interests.
(c)
No right may be denied when a limitation can accomplish the stated
purpose and no limitation may be
more stringent than necessary to accomplish the purpose.
(3) At the time of the
denial or limitation, written
notice shall be provided to the patient and the guardian, if any, and
a copy of that notice shall be placed in the patient's treatment record.
The written notice shall:
(a)
Inform the patient and the guardian, if any, of the right to an informal
hearing;
(b)
State the specific conditions required for restoring or granting the right at issue;
(c)
State the expected duration of denial or limitation; and
(d)
State the specific reason for the denial or limitation.
(4) Within 2 calendar days following the denial, written notice shall be sent as follows:
(a)
If the patient is a county department patient, to the county department's complaint
investigator and, in addition, if the patient is in a department-operated
facility, to the department's division of care and treatment facilities;
and
(b)
If the patient is not a county department patient, to the treatment facility's
complaint investigator and, in addition, if the patient in a
department-operated facility, to the department's division of care and
treatment facilities.
(5) The treatment facility
director or that person's designee shall hold an informal hearing within 3 days after receiving a hearing request
from a patient whose rights have been denied or limited, and shall
consider all relevant information submitted by or on behalf of the patient
prior to rendering a decision.
(6) No patient may be required to waive any of his or her rights under
this chapter as a condition of admission, receipt of services or receipt
of benefits and privileges."
HFS 94.05, Wis. Admin. Code [Emphasis
added.]
NOTE: A Client Rights Limitation or Denial
Documentation (CRLD) form (DDE-6100) (PDF, 10 KB) is available for use to meet the above
notice requirements.
DECISIONS:
[None at this time.]
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Last Updated: February 12, 2007 |
