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New York City.
From 2007 ACT (Assertive Community Treatment) Program Guidelines for New York State
https://www.omh.ny.gov/omhweb/act/program_guidelines.html
4.15  Rights of ACT Recipients
  1. ACT recipients are entitled to the rights defined in this subdivision. A provider of ACT services shall be responsible for ensuring the protection of these rights.
  2. Recipients have the right to a person-centered, individualized service plan which they form in partnership with the provider. 
  3. Recipients have the right to all information about services so they can make choices that fit their recovery.
  4. Participation in treatment in an outpatient program is voluntary and recipients are presumed to have the capacity to consent to such treatment. The right to participate voluntarily in and to consent to treatment shall be limited only to the extent that:
    1. Section 330.20 of the Criminal Procedure Law and Part 541 of Title 14 provide for court-ordered receipt of outpatient services;
    2. Article 81 of the Mental Hygiene Law provides for the surrogate consent of a court-appointed guardian for personal needs;
    3. Section 9.60 of the Mental Hygiene Law provides assisted outpatient treatment for people with mental illness who, in view of their treatment history and present circumstances, are unlikely to survive safely in the community without supervision;
    4. Section 33.21 of the Mental Hygiene Law provides for the surrogate consent of a parent or guardian of a minor; or
    5. A recipient engages in conduct that poses a risk of physical harm to self or others.
  5. The central goal of an individual, person-centered service plan is to formulate goals and services that the recipient chooses.  The recipient will not be penalized or terminated from the program for choices with which the provider does not agree. 
  6. The confidentiality of recipients’ clinical records shall be maintained in accordance with Section 33.13 of the Mental Hygiene Law and Federal Standards (e.g., HIPAA).
  7. Recipients shall be assured access to their clinical records consistent with Section 33.16 of the Mental Hygiene Law.
  8. Respect for recipients’ dignity and personal integrity is the cornerstone of the provider’s care and treatment.
  9. Recipients have the right to receive services in such a manner as to assure non-discrimination.
  10. Recipients have the right to be treated in a way that acknowledges and respects their cultural environment.
  11. Recipients have the right to a maximum amount of privacy consistent with the effective delivery of services.
  12. Recipients have the right to freedom from abuse and mistreatment by employees.
  13. Recipients have the right to be informed of the provider’s grievance policies and procedures, and to initiate any question, complaint or objection accordingly.  Grievances and complaints will be addressed fully without reprisal from the provider.
  14. A provider of service shall provide a notice of recipients’ rights to each recipient upon admission to an ACT Program.  Whenever possible, the rights will be discussed and explained in the recipient’s primary language.  Such notice shall be provided in writing and posted in a conspicuous location easily accessible to the public. The notice shall include the address and telephone number of the Commission on Quality of Care for the Mentally Disabled, the nearest regional office of the Protection and Advocacy for Mentally Ill Individuals Program, the nearest chapter of the Alliance for the Mentally Ill of New York State and the Office of Mental Health.

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  • Home
    • About Orchid >
      • Why Orchid?
      • ORCHID'S SYSTEMIC FOCUS & "ROOT CAUSE" ANALYSIS APPROACH TO PROBLEM SOLVING WITH A COMMITMENT TO CREATIVITY & INNOVATION
      • Disclaimers, Limitations and An Invitation
      • Orchid Board
      • Orchid Book Club
      • Conjecture, Science & Translational Research & Medicine
      • Orchid Themes & Symbols
      • The Tipping Point
      • Orchid's Website Advertising Policy
      • Statement for Potential Website Contributors
      • Contact
  • Blogs
    • Val's Blog
    • Val's Blog 2
    • ​TRANSLATIONAL/ ​TRANSITIONAL JUSTICE MONDAY
    • NEURO-DIVERSITY Wednesday
    • Olmstead Law & Order Thursday
    • Translational Medicine Friday
    • Translational Love, Relationships & Neuro-Diversity Saturday
  • Orchid's A-Z Index
    • Crisis Services in CO, the US & Around the World
    • Assertive Community Treatment & Flexible ACT Index
    • Housing & Homelessness Index
    • Criminal Justice
    • Innovation Index
    • For More: See the Main Orchid Index Page
  • US Federal
    • THE IMD RULE & ADMIN. ENFORCEMENT OF DISABILITY CIVIL RIGHTS LAWS
    • Medicaid & Supportive Housing & Housing-Related Services
    • CMS' FAILURE TO COVER HOUSING FOR LTC & THE IMD RULE: WHAT THEY HAVE IN COMMON IS DISCRIMINATION
    • National Take
  • Research & Translational Medicine
    • Immunology & Mental Health >
      • Alcoholism & the Immune System & Mental Health
      • Brain Injury, the Immune System & Mental Health
      • Celiac Disease & Sensitivities, the Immune System & Mental Illness
      • Mental Illness & The Immune System
      • Racial Discrimination & the Immune System & Mental Health
      • Trauma & the Immune System & Mental Health
      • ***Physical Health Issues, the Immune System & Mental Health Index
    • University of Chicago: Institute of Translational Medicine
  • Hot Topics
    • What We Want --- SAMHSA Grant Opportunities Due Jan. 22, 2019
    • Anti-Social Personality Disorder >
      • DECONSTRUCTING ANTISOCIAL PERSONALITY DISORDER AND PSYCHOPATHY: A GUIDELINES-BASED APPROACH TO PREJUDICIAL PSYCHIATRIC LABELS [Hofstra Law Review 2013]
      • Personality Disorders -- Unscientific & Vague -- Must Be Reformed
    • Executive Functioning & "Prison Brain" >
      • Job Accommodation Network on Executive Functioning Deficits
    • Medicaid & Medicare Network Adequacy >
      • OIG: STATE STANDARDS FOR ACCESS TO CARE IN MEDICAID MANAGED CARE (Sept. 2014)
      • OIG: ACCESS TO CARE: PROVIDER AVAILABILITY IN MEDICAID MANAGED CARE (Dec. 2014)
      • GAO 15-710: MEDICARE ADVANTAGE: Actions Needed to Enhance CMS Oversight of Provider Network Adequacy (Aug. 2015)
      • CMS: Promoting Access in Medicaid and CHIP Managed Care: A Toolkit for Ensuring Provider Network Adequacy and Service Availability (April 2017)
    • Medicaid Mental Health & Substance Use Disorder Parity >
      • CMS Parity Compliance Toolkit Applying Mental Health and Substance Use Disorder Parity Requirements to Medicaid and Children’s Health Insurance Programs [Jan. 17, 2017]
      • Frequently Asked Questions: Mental Health and Substance Use Disorder Parity Final Rule for Medicaid and CHIP [CMS October 11, 2017]
    • Olmstead Disability Rights >
      • Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. (2011)
      • Comprehensive Olmstead Planning
      • the Logical Long Term Consequences of our failure to provide Intensive Community MH Treatment
      • Olmstead Nation ---State Pages: How Far to Comply with Olmstead?
  • Take A Walk Around Orchid's Resource Block
  • Colorado Abuse & Neglect Scandals Involving People with Disabilities
  • Mental Health By The Numbers
  • New Science Is Amazing AND It Has HUGE Moral Implications for Our Society: NOW
  • Olmstead & Homelessness
  • Double V
  • " 'Defund the Police" Means 'Invest in the Resources Our Communities Need' " or Don't Cost Shift to the Police
  • VAGUE OLMSTEAD PLANS, EXPENSIVE LITIGATION
  • Updating & Reforming our Understanding & Treatment of "Anti-Social Personality Disorder" Blog
  • Reform of " Anti-Social Personality Disorder" in Criminal Justice
  • CO HB22-1278
  • New Understandings Matter
  • Mental Health, Ethics & Law
  • CO Olmstead Disability Homeless Law & Policy Project
  • Inflammation, the Immune System, Neuro-Developmental Disorders, Psychiatric Disorders, Substance Use Issues & Chronic Disease
  • Microglia and the Brain's Immune System
  • Substance Issues & the Immune System