Client Rights and the Grievance
Procedure for Community Services*
for Clients Receiving Services in Wisconsin for
Mental Illness, Alcohol or Other Drug Abuse, or Developmental Disabilities
*The term Community Services refers to all services
provided in non-inpatient and non-residential settings.
CLIENT RIGHTS
When you receive any type of service for mental
illness, alcoholism, drug abuse, or a developmental disability, you have
the following rights under Wisconsin Statute
sec. 51.61 (1) (exit DHFS; PDF, scroll to page 50) and
HFS 94,
Wisconsin Administrative Code
(exit DHFS; PDF):
PERSONAL RIGHTS
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You must be treated with dignity and respect, free
from any verbal, physical, emotional or sexual abuse.
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You have the right to have staff make fair and
reasonable decisions about your treatment and care.
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You may not be treated unfairly because of your
race, national origin, sex, age, religion, disability or sexual
orientation.
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You may not be made to work except for personal
housekeeping chores. If you agree to do other work, you must be paid.
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You may make your own decisions about things like
getting married, voting and writing a will, if you are over the age of
18, and have not been found legally incompetent.
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You may use your own money as you choose.
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You may not be filmed, taped or photographed unless
you agree to it.
TREATMENT AND RELATED RIGHTS
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You must be provided prompt and adequate treatment,
rehabilitation and educational services appropriate for you.
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You must be allowed to participate in the planning
of your treatment and care.
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You must be informed of your treatment and care,
including alternatives to and possible side effects of treatment,
including medications.
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No treatment or medication may be given to you
without your written, informed consent, unless it is needed in
an emergency to prevent serious physical harm to you or others, or
a court orders it. [If you have a guardian, however, your
guardian may consent to treatment and medications on your behalf.]
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You may not be given unnecessary or excessive
medication.
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You may not be subject to electro-convulsive
therapy or any drastic treatment measures such as psychosurgery or
experimental research without your written informed consent.
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You must be informed in writing of any costs of
your care and treatment for which you or your relatives may have to
pay.
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You must be treated in the least restrictive manner
and setting necessary to achieve the purposes of admission to the
program, within the limits of available funding.
RECORD PRIVACY AND ACCESS
Under Wisconsin Statute sec. 51.30 and HFS 92,
Wisconsin Administrative Code:
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Your treatment information must be kept private
(confidential), unless the law permits disclosure.
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Your records may not be released without your
consent, unless the law specifically allows for it.
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You may ask to see your records. You must be shown
any records about your physical health or medications. Staff may limit
how much you may see of the rest of your treatment records while you
are receiving services. You must be informed of the reasons for any
such limits. You may challenge those reasons through the grievance
process.
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After discharge, you may see your entire treatment
record if you ask to do so.
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If you believe something in your records is wrong,
you may challenge its accuracy. If staff will not change the part of
your record you have challenged, you may file a grievance and/or put
your own version in your record.
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A copy of sec. 51.30, Wis. Stats., and/or HFS 92,
Wisconsin Administrative Code, is available upon request.
GRIEVANCE PROCEDURE AND RIGHT OF ACCESS TO COURTS
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Before treatment is begun, the service provider
must inform you of your rights and how to use the grievance process. A
copy of the Program’s Grievance Procedure is available upon request.
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If you feel your rights have been violated, you may
file a grievance.
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You may not be threatened or penalized in any way
for presenting your concerns informally by talking with staff, or
formally by filing a grievance.
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You may, instead of filing a grievance or at the
end of the grievance process, or any time during it, choose to take
the matter to court to sue for damages or other court relief if you
believe your rights have been violated.
GRIEVANCE RESOLUTION STAGES
Informal Discussion (Optional)
Grievance Investigation--Formal Inquiry
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If you want to file a grievance, you should do so
within 45 days of the time you become aware of the problem. The
program manager for good cause may grant an extension beyond the
45-day time limit.
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The program’s Client Rights Specialist (CRS) will
investigate your grievance and attempt to resolve it.
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Unless the grievance is resolved informally, the
CRS will write a report within 30 days from the date you filed the
formal grievance. You will get a copy of the report.
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If you and the program manager agree with the CRS’s
report and recommendations, the recommendations shall be put into
effect within an agreed upon time frame.
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You may file as many grievances as you want.
However, the CRS will usually only work on one at a time. The CRS may
ask you to rank them in order of importance.
Program Manager’s Decision
County Level Review
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If you are receiving services from a county agency,
or a private agency and a county agency is paying for your services,
you may appeal the program manager’s decision to the County Agency
Director. You must make this appeal within 14 days of the day you
receive the program manager’s decision. You may ask the program
manager to forward your grievance or you may send it yourself.
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The County Agency Director must issue his or her
written decision within 30 days after you request this appeal.
State Grievance Examiner
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If your grievance went through the county level of
review and you are dissatisfied with the decision, you may appeal it
to the State Grievance Examiner.
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If you are paying for your services from a private
agency, you may appeal the program manager’s decision directly to
the State Grievance Examiner.
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You must appeal to the State Grievance Examiner
within 14 days of receiving the decision from the previous appeal
level. You may ask the program manager to forward your grievance to
the State Grievance Examiner or you may send it yourself. The address
is: State Grievance Examiner, DDES, P.O. Box 7851, Madison, WI
53707-7851.
Final State Review
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Any party has 14 days of receipt of the written
decision of the State Grievance Examiner to request a final state
review by the Administrator of the Division of Disability and Elder
Services or
designee. Send your request to the DDES Administrator, P.O. Box 7851,
Madison, WI 53707-7851.
You may talk with staff or contact your Client Rights
Specialist, whose name is shown below, if you would like to file a
grievance or learn more about the grievance procedure used by the program
from which you are receiving services.
Your Client Rights Specialist is:
Name:
______________________________________________________
Address:
_______________________________________________
______________________________________________________
Phone: ________________________________________________
NOTE: There are additional rights within sec. 51.61(1)
and HFS 94, Wisconsin Administrative Code. They are not mentioned here
because they are more applicable to in-patient and residential treatment
facilities. A copy of sec. 51.61, Wis. Stats. and \ or HFS 94, Wisconsin
Administrative Code is available upon request.
Printed by: Department of Health and Family
Services
Division of Disability and Elder Services
April 2006
PDE-3112
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Last Updated: April 20, 2006 |
