Introduction to Client Rights
Applies to: Anyone who is receiving services for mental illness,
a developmental disability, or substance abuse in the state
of Wisconsin.
Brief History of Client Rights in Wisconsin: A 1972
Wisconsin Supreme Court decision, entitled Lessard v. Schmidt, set
forth the rights of mental health patients.
These rights were adopted
into state law with the creation of Wisc. Stats. 51 (State Alcohol, Drug
Abuse, Developmental Disability and Mental Health Act) subsections
51.61
and 51.30 (exit DHFS; PDF) in 1976.
The law required the Department of Health and
Social Services (now the Department of Health Services) to
create administrative rules for a grievance procedure to ensure patient rights.
The Department created the Client Advocacy Program (CAP
-- now the Client Rights Office
- CRO) to oversee the development of administrative rules and the grievance
process.
CAP staff drafted administrative rules to implement patient
rights and confidentiality. These were adopted as Wisconsin Administrative
Codes:
The original grievance process rules permitted counties
to "opt into" the state’s process or have their own procedure.
Counties were mandated to use the state's grievance process by changes in HFS 94, Wisconsin Administrative Code, in 1997.
Subchapter
III of HFS
94 (exit DHFS; PDF) sets forth the
grievance procedure rules for people receiving services in the community. A simplified flow
chart (PDF, 7 KB) of the community grievance process is available.
Now all community grievance procedures must allow 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 (DMHSAS).
The following is a brief summary of the rights of
patients under Section 51.61, Wisconsin Statutes, and HFS 94, Wisconsin
Administrative Code.
TREATMENT RIGHTS - Every patient has the
right to:
-
Receive prompt and adequate treatment
-
Participate in their treatment planning
-
Be informed of their treatment and care
-
Refuse treatment and medications (unless court-ordered)
-
Be free from unnecessary or excessive medications
RECORD PRIVACY AND ACCESS - (See also Confidentiality
of Treatment Records)
-
Staff must keep patient information confidential
-
Records cannot be released without patient consent (with some
exceptions)
-
Patients may see their records
-
They can always see records of their medications and health
treatments
-
During treatment, access may be limited if the risks
outweigh benefits
-
Patients may challenge the accuracy, completeness, timeliness or
relevance of entries in their records
COMMUNICATION RIGHTS - Every (in)patient has the
right to:
-
Have reasonable access to a telephone *
-
See (or refuse to see) visitors daily *
-
Send or receive mail
-
Contact public officials, lawyers or patient advocates
PERSONAL RIGHTS - Every (in)patient has the right
to:
-
Have the least restrictive environment (except for forensic
patients)
-
Not be secluded or restrained except in an emergency
when necessary to prevent harm to self or others
-
Wear their own clothing and use their own possessions *
-
Have regular and frequent exercise opportunities
-
Have regular and frequent access to the outdoors
-
Have staff make reasonable (non-arbitrary) decisions
about them
-
Refuse to work – except for personal housekeeping tasks
-
Be paid for work they agree to do that is of financial
benefit to the facility
PRIVACY RIGHTS - Every (in)patient has the right
to:
-
Not be filmed or taped without his or
her consent
-
Have privacy in toileting and bathing *
-
Have a reasonable amount of secure storage space for
his or her possessions *
-
See also the Office of Quality Assurance memo on Patient
Privacy during Inpatient Psychiatric Treatment (06-025, dated
11/26/06)
MISCELLANEOUS RIGHTS - Every patient has the
right to:
-
Be informed of his or her rights
-
Be informed of any costs of his or her care
-
Refuse electro-convulsive therapy (ECT)
-
Refuse drastic treatment measures
-
File complaints about violations of his or her rights
-
Be free from any retribution for filing complaints
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Last Updated: October 24, 2008 |
