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ClinicalIndividual rights.

(1) Each agency licensed by the department to provide any behavioral health service must develop a statement of individual participant rights applicable to the service categories the agency is licensed for, to ensure an individual's rights are protected in compliance with chapters 70.96A, 71.05, 71.12, and 71.34 RCW. In addition, the agency must develop a general statement of individual participant rights that incorporates at a minimum the following statements. "You have the right to:
(a) Receive services without regard to race, creed, national origin, religion, gender, sexual orientation, age or disability;
(b) Practice the religion of choice as long as the practice does not infringe on the rights and treatment of others or the treatment service. Individual participants have the right to refuse participation in any religious practice;
(c) Be reasonably accommodated in case of sensory or physical disability, limited ability to communicate, limited English proficiency, and cultural differences;
(d) Be treated with respect, dignity and privacy, except that staff may conduct reasonable searches to detect and prevent possession or use of contraband on the premises;
(e) Be free of any sexual harassment;
(f) Be free of exploitation, including physical and financial exploitation;
(g) Have all clinical and personal information treated in accord with state and federal confidentiality regulations;
(h) Review your clinical record in the presence of the administrator or designee and be given an opportunity to request amendments or corrections;
(i) Receive a copy of agency grievance system procedures upon request and to file a grievance with the agency, or behavioral health organization (BHO), if applicable, if you believe your rights have been violated; and
(j) Lodge a complaint with the department when you feel the agency has violated a WAC requirement regulating behavior health agencies.
(2) Each agency must ensure the applicable individual participant rights described in subsection (1) of this section are:
(a) Provided in writing to each individual on or before admission;
(b) Available in alternative formats for individuals who are blind;
(c) Translated to the most commonly used languages in the agency's service area;
(d) Posted in public areas; and
(e) Available to any participant upon request.
(3) Each agency must ensure all research concerning an individual whose cost of care is publicly funded is done in accordance with chapter 388-04 WAC, protection of human research subjects, and other applicable state and federal rules and laws.
(4) In addition to the requirements in this section, each agency providing services to medicaid recipients must ensure an individual seeking or participating in behavioral health treatment services, or the person legally responsible for the individual is informed of their medicaid rights at time of admission and in a manner that is understandable to the individual or legally responsible person.
(5) The grievance system rules in WAC 388-877-0654 through WAC 388-877-0675 apply to an individual who receives behavioral health services funded through a federal medicaid program or sources other than a federal medicaid program.
[Statutory Authority: RCW 70.02.290, 70.02.340, 70.96A.040(4), 71.05.560, 71.24.035 (5)(c), 71.34.380, and 2014 c 225. WSR 16-13-087, § 388-877-0600, filed 6/15/16, effective 7/16/16. Statutory Authority: Chapters 70.02, 70.96A, 71.05, 71.24, 71.34, 74.50 RCW, RCW 74.08.090, 43.20A.890, and 42 C.F.R. Part 8. WSR 13-12-054, § 388-877-0600, filed 5/31/13, effective 7/1/13.]
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