Outpatient Treatment
Applies to: Anyone who is receiving services for
mental illness, a developmental disability, or substance
abuse on an outpatient basis in the state of Wisconsin, other
than from a state-operated facility.
Patients receiving such services have rights under Sec.
51.61, Wisconsin Statutes
(exit DHFS; PDF - scroll to page 50), and
HFS 94,
Wisconsin Administrative Code
(exit DHFS; PDF).
Their rights are explained in a brochure
entitled Client Rights and the Grievance Procedure for Community
Services (PDE-3112) that is given to patients when they begin
receiving services.
Each treatment provider also should have a poster
(PDE-3126) listing patients’ rights. (See Forms,
Publications and Posters.)
NOTE: DRAFT OUTPATIENT CLINIC RULES. The department
has drafted administrative rules for outpatient mental health clinics (HFS
35). Public hearings will be held on those rules and public input is
appreciated. To see the rules or comment on them go to: https://apps4.dhfs.state.wi.us/admrules/public/Rmo?nRmoId=482
Any patient, or anyone on behalf of the patient, may
file a complaint if they feel the patient’s rights have been violated.
Any complaints must be filed with the facility within 45 calendar days
of the event involved or the patient becoming aware of the issue.
We recommend you put your complaint in writing, but verbal complaints
are also allowed. The Client Rights
Specialist (CRS) will put any oral complaint in writing so it is clear. To find out the name of the facility’s or service
provider's CRS, contact
the facility or service provider directly.
The community grievance procedure
(PDF, 7 KB) has a multi-level process
which depends on who is paying for the patient’s services. If the
services are through the county or through a county-contracted or approved
provider, the county has a role in the grievance process.
Service providers that do not have a grievance
procedure or that need to update their process may use the Model Grievance
Procedure and adapt it to their needs.
All community
grievance procedures must provide for an appeal to the State
Grievance Examiner (SGE) in the department’s
Client Rights Office. The SGE issues a Level III grievance decision.
If
either party to the complaint is not happy with the results, they can
appeal to Level IV of the process – which is the Administrator of the
department’s Division of Mental Health and Substance Abuse Services.
The rules
of the community grievance procedure are set forth in Subchapter III of HFS
94, Wisconsin Administrative Code
(exit DHFS; PDF).
Complaints of rights violations may also be taken directly
to court under Sec.
51.61(7), Wisconsin Statutes
(exit DHFS; PDF - scroll to page 54).
The use of the grievance procedure is not required
before going to court, but a grievance can be dismissed at the stage it is
being considered once the matter is taken to court.
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Last Updated: October 19, 2007 |
