Community Grievance Decision Digest
ASSISTANCE in the EXERCISE OF RIGHTS
THE LAW:
"Each service provider shall assist
patients in the exercise of all rights specified under ch. 51,
Stats., and this chapter."
HFS 94.06(1), Wis. Admin. Code [Emphasis added.]
DECISIONS:
- The notification
of rights is a very
important task as it is intended to convey to clients that,
indeed, they have many rights while receiving services, and that there are mechanisms
designed to protect their rights – such as the HFS 94
grievance resolution procedure.
Yet, as clients begin receiving services, they may be at
various functioning levels in terms of their ability to process this information and understand their rights. The
law emphasizes the need for
flexibility and follow-up by providers as may be warranted in any
given situation. For
example, if a client is admitted to an inpatient setting in an acutely
psychotic state, that may be a
time when the rights are the least meaningful or understandable.
Thus, someone will need to follow
up with the rights notification at a later time when the client is
more likely to understand
them. There are creative
and effective ways in which information can be shared, explained, and
discussed to make it meaningful. Usually some combination of oral
notification (unless a client states that is not wanted) and written notification followed by an opportunity to ask questions, discuss
what the rights mean, ensure the client knows
who the Client Rights Specialist is,
etc., is effective. The key part of this entire process is documentation. Having a
patient sign an acknowledgement
of receipt of rights information is always a good
idea but, without more,
this alone is not always
meaningful. If there is a question later, additional and
contemporaneous documentation about what the rights notification
process entailed is a good
protective measure for both a client and agency. It is always
positive to include such documentation in the client’s record.
Documentation of annual re-notification of rights is also necessary. Who does
the follow-up in up to the provider, but logically the Client Rights
Specialists should have some role. (Level III decision in Case No.
00-SGE-01 on 6/29/01.)
Last Updated: November 07, 2006 |
