Our Patient Bill of Rights

POLICY

All patients are given the Patient Bill of Rights upon admission and reviewed as part of their orientation to the program. These rights are also posted in clear view in all facilities.

PROCEDURE

The patient rights include:

Under HIPPA and 42 CFR, Part II, you have the right to request restrictions on certain uses and disclosures of your health information. Nola Detox, LLC is not required to agree to any restrictions you request, but if it does agree then it is bound by that agreement and may not use or disclose any information which you have restricted as necessary in a medical emergency. Any releases or consents to release information is documented on a Release of Information form and signed by the patient.

You have the right to request that we communicate with you by alternative means or at an alternative location. Nola Detox, LLC will accommodate such requests that are reasonable and will not request an explanation from you. Under HIPPA you also have the right to inspect and copy our own health information compiled for use in a civil, criminal, or administrative proceeding or in other limited circumstances.

Under HIPPA you also have the right, with some exceptions, to amend health care information in Nola Detox, LLC records, and to request and receive an accounting of disclosures of your health-related information made by Nola Detox, LLC during the six years prior to your request. You also have the right to receive a paper copy of this notice.

1.  In accordance with Title 6 of Civil Rights Act of 1964, Section 504 of the rehabilitation Act of 1973, Title 9 Section 10800, and Americans with Disabilities Act of 1990, each person receiving services from an alcoholism or drug abuse recovery or treatment facility, shall have rights which include, but are not limited to, the following:
1. The right to confidentiality as provided for the Title 42, Code of Federal Regulations, Part 2 and HIPPA and the right to receive the privacy notice.
2. To be accorded dignity in contact with staff, volunteers, board members, and other persons. You have the right to have your rights explained to you in simple terms, in a way you can understand within 24 hours admission, which can help in decision making.
3. To be accorded safe, healthful, and comfortable accommodations to meet the patient’s needs. You have the right to humane environment that provides reasonable protection from harm and appropriate privacy for your personal needs.
4. To be free from verbal, physical, emotional abuse, inappropriate sexual behavior or contact, financial or other exploitation, humiliation, retaliation, harassment, and/or neglect.
5. To be informed by the program of the procedures to file a grievance (without fear of retaliation) or appeal discharge.
6. To be free from discrimination based on ethnic group identification, culture, sexual orientation, religion or spiritual beliefs or age, gender, skin color, socioeconomic status, language, or disability.
7. To be accorded access to his or her file and the right to own the information within his or her file with the exception of psychotherapy notes.
8. The right to request corrections of erroneous and/or incomplete information.
9. The right to prohibit re-disclosure of patient information.
10. The right to request transmittal of communications in an alternative manner.
11. The right to obtain an accounting of disclosures.
12. The right to express preferences regarding counselor or service provider.
13. Fiduciary abuse of participants is prohibited.
14. To be free from any marketing or advertising publicity without written authorization.
15. The right to provision of services will be responsive to the participants’ social support and legal advocacy needs when necessary.
16. The right to be free from intrusive procedures (strip searched or pat downs.)
17. If you agree to treatment, medication, you have the right to change your mind at any time (unless specifically restricted by law). You have the right to receive unnecessary or excessive mediation.
18. You have the right to accept or refuse treatment after receiving this explanation.
19. You have the right to appropriate treatment in the least restrictive setting available that meets your needs.
20. You have the right to be told about the program’s rules and regulations before you are admitted. You also have the right to be told what is to be expected of treatment.
21. You have the right to be told before admission:
    1. the condition to be treatment;
    2. the proposed treatment
    3. the risks, benefits, and side effects of all proposed treatments and medication;
    4. other treatments that are available and which ones, if any, might be appropriate for you;
    5. the expected length of stay; and
    6. what is to be expected of treatment
22. You have the right to a treatment plan designed to meet your needs, and you have the right to take part in developing the plan. You also have the right to meet with staff to review and update the plan on a regular basis.
23. You have the right to be told in advance all estimated charges and any limitations on the length of service of which Nola Detox, LLC is aware.
24. You have the right to receive an explanation of your treatment and/or your rights if you have questions while you are in treatment.
25. You have access to self-help and advocacy support services upon request.
2. For residential sites, the Patient Bill of Rights shall also include:
   1. You have the right not to be restrained or placed in a locked room by yourself. If you become a danger to yourself or others, Nola Detox, LLC staff will call 911.
   2. You have the right to communicate with people outside of Nola Detox, LLC. This includes the right to have visitors, to make telephone calls, and to send and receive mail. This right may be restricted on an individual basis by the medical director or program director if it is necessary for your treatment or security, but even then, you may contact an attorney or the Louisiana Department of Mental Health at any reasonable time. If a patient right to free communication is restricted under the provisions of this paragraph, the medical director or program director will document the clinical reasons for the restriction and the duration if the restriction on the patient record. The program director will also inform the patient and if appropriate the patient’s consenter of the clinical reasons for the restriction and the reason for the duration of the restriction.
   3. If you consented to treatment, you have the right to leave Nola Detox, LLC within four hours of requesting release unless a physician determines that you pose a threat of harm to yourself and others.
   4. You have the right to pastoral and other spiritual services during your treatment.
3. Each participant shall review, sign and be provided at admission, a copy of the participant rights specified in A1 through A24 above. The program shall place the original signed bill of rights document in the participant’s file.
   1. The provider shall post a copy of the participant rights in a location visible to all participants and the general public.
   2. The follow-up after discharge cannot occur without a written consent from the participant.
   3. Any program conducting research using participants as subjects shall comply with all federal regulations for protection of human subjects (Title 45. Code of Federal Regulations 46.) However, you have the right to refuse to take part in research without affecting your regular care.

All reported allegations of infringement of patient rights shall be documented by a formal grievance and shall follow the Grievance Procedure process of investigation and resolution. In cases where legal or state agencies are involved, reporting shall take place only after a thorough investigation has taken place and the allegations are supported by facts.