Community Grievance Decision Digest

Client Rights Limitation or Denial Documentation (CRLD) Process

The decision summaries regarding this law may be found in the document:
  Community Grievance Decision Digest: Decisions. (PDF, 512KB)  

THE LAW:

 "A patient's rights guaranteed under [51.61] sub. (1)(p) to (t) may be denied for cause after review by the director of the facility, and may be denied when medically or therapeutically contraindicated as documented by the patient's physician or licensed psychologist in the patient's treatment record. The individual shall be informed in writing of the grounds for withdrawal of the right and shall have the opportunity for a review of the withdrawal of the right in an informal hearing before the director of the facility or his or her designee. There shall be documentation of the grounds for withdrawal of rights in the patient's treatment record. After an informal hearing is held, a patient or his or her representative may petition for review of the denial of any right under this subsection through the use of the grievance procedure provided in sub. (5) or, alternatively or in addition to the use of such procedure, may bring an action under sub. (7)."

ss. 51.61(2), Wis. Stats. [Emphasis added.]

"(1) No patient right may be denied except as provided under s. 51.61(2), Stats., and as otherwise specified in this chapter.

(2)(a) Good cause for denial or limitation of a right exists only when the director or designee of the treatment facility has reason to believe the exercise of the right would create a security problem, adversely affect the patient's treatment or seriously interfere with the rights or safety of others.

 (b) Denial of a right may only be made when there are documented reasons to believe there is not a less restrictive way of protecting the threatened security, treatment or management interests. 

(c) No right may be denied when a limitation can accomplish the stated purpose and no limitation may be more stringent than necessary to accomplish the purpose. 

(3) At the time of the denial or limitation, written notice shall be provided to the patient and the guardian, if any, and a copy of that notice shall be placed in the patient's treatment record. The written notice shall: 

(a) Inform the patient and the guardian, if any, of the right to an informal hearing; 

(b) State the specific conditions required for restoring or granting the right at issue; 

(c) State the expected duration of denial or limitation; and 

(d) State the specific reason for the denial or limitation.

(4) Within 2 calendar days following the denial, written notice shall be sent as follows:

 (a) If the patient is a county department patient, to the county department's complaint investigator and, in addition, if the patient is in a department-operated facility, to the department's division of care and treatment facilities; and 

(b) If the patient is not a county department patient, to the treatment facility's complaint investigator and, in addition, if the patient in a department-operated facility, to the department's division of care and treatment facilities.

(5) The treatment facility director or that person's designee shall hold an informal hearing within 3 days after receiving a hearing request from a patient whose rights have been denied or limited, and shall consider all relevant information submitted by or on behalf of the patient prior to rendering a decision.

(6) No patient may be required to waive any of his or her rights under this chapter as a condition of admission, receipt of services or receipt of benefits and privileges."

DHS 94.05, Wis. Admin. Code [Emphasis added.]

 NOTE: Form DDE-6100: Client Rights Limitation or Denial Documentation (PDF, 10 KB) is available for use to meet the above notice requirements.

Last Updated: November 10, 2009