|
|
 |
|
|
|
|
| It is declared to be the public policy of the state that
the interest of each patient be protected by a declaration of a patients’
bill of rights which shall include, but not be limited to, the rights
specified in this statement.
|
| For the purposes of this statement, “patient” means any person who is
receiving mental health or substance abuse treatment on an outpatient, residential or
inpatient basis, in a community support program, or another community based program involving a
Behavioral Healthcare Providers (BHP) practitioner.
|
| The patient has the right to receive information about
BHP services and practitioners, clinical guidelines, and patients’ rights and responsibilities. Reasonable
accommodation shall be made for those with communication impairment and those who speak a
language other than English. A written statement of rights shall be available to patients, their guardians, or their chosen representative upon reasonable request to either BHP staff or a participating BHP practitioner.
|
|
Patients have the right to be treated with courtesy and respect for their individuality by BHP employees and practitioners providing services. Patients shall have
the right to every consideration of the their privacy,
individuality, and cultural identity as related to their social, religious, and psychological well being. Patients shall have the right to privacy as it relates to their mental health or substance abuse treatment.
|
|
Patients shall be assured confidential treatment of their personal information and clinical record. The patient has the right to approve or refuse the release of any
individual information. This right does not apply to complaint investigations, where required by third party payment contracts, or as otherwise provided by law.
(See Release of Health Records and Confidentiality)
|
|
Patients shall be given by their attending practitioner complete and current information concerning diagnosis, treatment, alternatives, risks, and prognosis as required by the practitioner’s legal duty to disclose. This
information shall be in terms and language that patients can reasonably be expected to understand. Patients may be accompanied by a family member or other chosen representative. This information shall include the likely results of the treatment and its alternatives. This
information shall be given to the patient, guardian, or other person(s) designated by the patient and his or her representative when deemed advisable. Individuals have the right to refuse this information. The patients shall have the right to a candid discussion of the
appropriate or medically necessary treatment options for their conditions, regardless of cost or benefit.
|
|
Patients shall have the right to participate in the
planning of their mental health or substance abuse care. This right includes the opportunity to discuss treatment and alternatives with the participation of a designated significant other.
|
|
Patients shall be informed and assisted, throughout their course of treatment, to understand and exercise their rights as patients. Patients may voice a grievance
(complaint, appeal of a decision). Patients will be allowed this right free of interference, coercion,
discrimination, benefit restrictions, or the threat of
discontinuation of care. Members will be informed of the complaint or appeal process, as applicable. This information will include time frames, addresses, and
telephone numbers for processing a grievance within BHP and external resources, as needed.
|
|
Members are responsible for providing, to the extent possible, information that BHP and/or its practitioners need in order to provide the most appropriate and
beneficial care. They are responsible to participate, to the degree possible, in understanding their behavioral health problems and developing mutually agreed upon treatment goals. Members are responsible for following the plans and instructions for care that they have agreed upon with their practitioner.
|
|
A health care practitioner or a person who gets health records from a practitioner may not release a patient’s health records without a signed and dated consent from that patient. Sometimes the law makes exceptions.
|
|
Under Minnesota law, a patient may review any
information in his or her health records, regarding any diagnosis, treatment, and prognosis. If a patient asks in writing, a practitioner must give the patient copies of either the records or copies of a summary of the
information in the records unless the provider has
determined that the information is detrimental to the physical or mental health of the patient, or is likely to cause the patient to inflict self harm, or to harm another. If such a determination had been made, then the
information can be given to another practitioner or appropriate third party. Minnesota statute sets a
maximum charge for finding and copying records.
|
In circumstances specified in statute, health record information may or must be released without the patient’s consent. The following are some, but not all, examples:
- In a medical emergency
- When a federal law requires it
- When someone receives a court order or federal grand jury subpoena requiring release of health information
- Under Minnesota law to the following persons or organizations for specific purposes:
- Department of Health
- Department of Public Safety
- Department of Commerce
- Department of Employee Relations
- Department of Labor and Industry, insurers and employees in worker’s compensation cases
- Office of Mental Health Practices
- Ombudsman for Mental Health and Mental Retardation
- State Fire marshal
- Health Boards
- Community Action Agencies
- Health professional licensing boards or agencies
- Schools and childcare facilities (may transfer immunization records without consent)
- Law enforcement agencies
- Public or private post-secondary education institutions
- Local welfare agencies
- Medical examiners or coroners
- Medical or scientific researcher
- Minnesota Health Data Institute
- Potential victims of serious threats of physical violence
- Guardians or conservators of incompetent persons
- Patient’s legal guardians of a minor who is being treated where failure to inform could create serious health problems
- Insurance companies and other payers paying for independent medical examinations
- Proxies, ombudsman, attorneys-in-fact
If you have any questions or require information, call the Minnesota Department of Health at (612) 282-6314.
|
What is a mental health declaration (also know as an advanced psychiatric directive)?
A mental health declaration is a paper signed by you and two witnesses explaining your wishes about intrusive mental health treatment. It only applies to electroshock therapy and Neuroleptic medication. In the mental health declaration you can write down the types of
intrusive mental health treatments you want or do
not want. The mental health declaration is only effective when you cannot understand the treatment to be given or not capable of giving a consent to
the treatment.
Can I name someone to make a mental health treatment decision for me?
Yes, you can name any competent person age 18 or older to decide about intrusiveness mental health treatment if you become unable to make decisions for yourself. This person is called a proxy. Your proxy is required by law to follow your wishes.
What must I do to make a mental health declaration?
To make your mental health declaration effective you must do three things:
- You must sign it.
- You must have two witnesses sign it. The witnesses must state that they believe you understand the nature and significance of you declaration.
- You must give your declaration to your doctor or other mental health treatment provider.
You may also appoint a proxy to make decisions about intrusive mental health treatments by using the health care power of attorney form. You can appoint the same person to be your agent for intrusive mental health
treatments as you do for general health care decisions, or you may decide to appoint two different people to make these different decisions.
Do providers have to follow my declaration?
Your provider has to follow your declaration as it is
consistent with reasonable medical practice laws and available treatment. If the practitioner is unwilling to follow the declaration, he or she must promptly tell you and note in your record that he or she has told you. A practitioner cannot require you to make a declaration as a condition of receiving services.
Can I change my mind about mental health declaration?
You can cancel all parties or declaration at any time if you are competent to do so. You should tell your provider that you do not want any part of it to be
followed. If you make changes you should write another declaration. You should also tell others who know about your declaration that you have changed or canceled it.
|
| » Back to Top |
|
|
|
|
