The Iroquois Center for Human Development (ICHD) shall not discriminate or permit discrimination against any person in any manner prohibited by the laws of the United States of the State of Kansas.

Assistance is available for hearing impaired, sight impaired, and with Spanish translation. Telecommunications Relay Service is also available.

ICHD shall provide the consumer with means of communicating un-censored with persons outside ICHD at the consumer’s expense in at least the following ways:

• Consumers shall be allowed to conduct private telephone conversations with family and friends.
• Programs that do not allow access to unrestricted private telephone conversation with family and friends shall document in ICHD manual procedures for telephone uses that are consistent with program philosophy.
• Consumers shall be allowed to send and receive un-censored mail.

ICHD shall adhere to the following operating regulations on consumer’s rights. When these rights are not followed, documentation of the reasons why shall be made in the consumer’s records. These are:

• The consumer will not be refused treatment or necessary and appropriate services based on their ability to pay.
• The consumer can be refused a formal evaluation requested by a third party based on their unwillingness to enter into a formal evaluation contract and make payments in accordance with the provisions of the formal evaluation contract.
• The consumer shall not be photographed or otherwise identified in any media form without the specific consent of the consumer (if less than 18 years of age, must have parent or legal guardians consent).
• No consumer shall be observed behind two-way mirrors or with audio or videotape equipment without express prior knowledge and written approval. Two-way mirrors, videotape, and recording equipment shall only be used by staff members authorized by the Executive Director or their designee for therapeutic training purposes to enhance the client’s treatment, or as part of information gathering regarding child abuse.
• The consumer has the right to request that past due charges be reduced or forgiven. If this request is denied, the client may file a complaint concerning that denial.
• The consumer can receive any of the services delivered by the Center for a payment determined by the Center’s program specific fee schedule.
• The consumer has the right to always be treated with dignity and respect, and not be subjected to any verbal or physical abuse or exploitation.
• The consumer has the right to not be subjected to the use of any type of treatment, technique, intervention, or practice including the use of restraint or seclusion done solely as a means of coercion, discipline, retaliation or for the convenience of the staff or any volunteer or contractor.
• The right of the consumer to receive treatment in the least restrictive, most appropriate manner.
• The right of the consumer to an explanation of the potential benefits and any known side effects or other risks associated with all medications that are prescribed for the consumer.
• The right of the consumer to an explanation of the potential benefits and any known adverse consequences or risks associated with any type of treatment that is not included in the previous statement and that is included in the consumers treatment plan.
• The right of the consumer to be provided with information about other clinically appropriate medications and alternative treatments, even if those medications or treatments are not the recommended choice of that consumers treating professional.
• The right of the consumer that is voluntarily receiving treatment has the right to refuse any treatments or medications to which that consumer has not consented, in compliance with the consumers rights.
• The right of the consumer that is involuntarily receiving treatment pursuant to any court order to be informed that there may be consequences to the consumer if the consumer fails or refuses to comply with the provisions of the treatment plan or to take any prescribed medication.
• The right of the consumer to refuse to take any experimental medication or to participate in any experimental treatment or research project, and the right not to be forced or subjected to this medication or treatment without the consumers knowledge and express consent, given in compliance with the consumers rights, or as consented to by the consumers guardian when the guardian has the proper authority to consent to this medication or treatment on the consumers behalf.
• The right of the consumer to actively participate in the development of an individualized treatment plan, including the right to request changes in the treatment services being provided to the consumer, or to request that other staff members be assigned to provide these services to the consumer.
• The right of the consumer to receive treatment or other services from a licensee in conjunction with treatment or other services obtained from other licensed mental health professionals or providers who are not affiliated with or employed by that licensee, subject only to any written conditions that the licensee may establish only to ensure coordination of treatment or any services.
• The right of the consumer to be accompanied or represented by an individual of the consumers own choice during all contacts with the licensee. This right shall be subject to denial only upon determination by professional staff that the accompaniment or representation would compromise either that consumers rights of confidentiality, or the rights of other individuals, would significantly interfere with that consumers treatment, or that of other individuals, or would be unduly disruptive to that licensee’s operations.
• The right of the consumer to inspect and copy the clinical record maintained on them, with the exception of psychotherapy notes, unless the Executive Director has determined that specific portions of the record should not be disclosed. This determination shall be accompanied by a written statement placed within the clinical record required by K.A.R. 30-60-46, explaining why disclosure of that portion of the record at this time would be injurious to the welfare of that consumer or to others closely associated with that consumer.
• The right of the consumer to have staff refrain from disclosing to anyone the fact that the consumer has previously received or is currently receiving any type of mental health treatment or services, or from disclosing or delivering to anyone any information or material that the consumer has disclosed or provided to any staff member of the Center during any process of diagnosis or treatment. This right shall automatically be claimed on behalf of the consumer by the licensee’s staff unless that consumer expressly waives the privilege, in writing, or unless staff is required to do so by law or a proper court order.
• The right of the consumer to exercise consumer rights by substitute means, including the use of advance directives, a living will, a durable power of attorney for health care decisions, or through springing powers provided for within a guardianship. Consumers are asked at time of making initial appointment if they have an existing advanced directive, and staff will assist in the development of advanced directives if needed.
• The right of the consumer to make a complaint in accordance with K.A.R. 30-60-51 concerning a violation of any of the rights listed in this regulation or concerning any other matter, and the right to be informed of the procedures and process for making such a complaint. Procedures regarding this right shall include provision for:
  • Notification to the consumer of their right to make complaints or file grievances;
  • Forms on which the consumer can make complaints and grievances in writing;
  • A system that will guarantee the delivery of any written complaint or grievance to the Executive Director;
  • The opportunity for the consumer to be represented by counsel or persons of their choice during the process of filing and having determined their complaint or grievance.
• The right of the consumer to make a complaint or file a grievance in the consumer feels their privacy rights have been violated or if the consumer feels ICHD has improperly disclosed their personal health information.
  • Refer to HIPPA policy dated 4/8/03.
    
• The right of the consumer to request amendment / correction of the clinical record. ICHD does not have to grant the request if the following conditions exist:
  • ICHD did not create the record
  • The records are not available to ICHD as discussed above
  • The record is accurate and complete
    • Refer to HIPPA policy dated 4/8/03
    • The right of the consumer to request restrictions or limitations on the heath information we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on health information we disclose about you to someone who is involved in your care or the payment of your care, such as a family member or friend. We are not required to agree to the request, but if we do, we will comply with your request unless the information is needed to provide emergency treatment to you.

• The right of the consumer to request confidential communications about health related matters in a certain way or at a certain location. For example, you can ask that we contact you only at some address other than your home address or by mail.
• The right of the consumer to obtain an accounting of non-routine uses and disclosures, those other than for treatment, payment and health care options.
• The right of the consumer to revoke consent or authorization to use or disclose health information except to the extent that we have taken action in reliance on the consent or authorization.
  • Refer to HIPPA policy dated 4/8/03
    
• The right of the consumer to receive a paper copy of ICHD’s Notice of Privacy Practices & Consumer Information Packet. Any time changes are made in either of these, a new Notice and packet are distributed to all consumers.
  • Refer to HIPPA policy dated 4/8/03
    

It is the responsibility of the consumer to:

• Provide a valid photo ID as well as to provide a social security number to verify and provide insurance companies with mandatory information in order to submit, inquire and receive payment for claims.
• Provide information needed for treatment. This includes your history and reasons for seeking treatment to allow us to effectively work with you. We will also need insurance, financial and other information from you. Mental health professionals can only know how you feel and what your needs are if you tell the. Open and honest expressions of your thoughts, feelings and needs are vital components of successful treatment.
• Participate, to the degree possible, in understanding your behavioral health care problems and develop mutually agreed upon treatment goals with your provider.
• Follow the plan for treatment or assist your provider in updating / changing it as needed. Although the mental health professional will assist you in achieving the goals developed on the treatment plan, much of the effort needed for change will come from you.
• Keep appointments, or cancel them in a timely manner. Appointments canceled within a 24-hour notice may be billed to you, with the exception of Medicaid beneficiaries. If cancellations are necessary, please do so at least 24 hours in advance. This will allow an opportunity for others to use this time.
• Let us know of any special arrangements you might need due to a handicap, disability, or special condition.
• Arrange for care of your children while you are receiving services
• Let the mental health professional know if medications are discontinued or problems with medications are occurring.
• Let the agency know if a crisis or emergency situation exists.
• Respect other people’s confidentiality.
• Let us know if your name, address or insurance information changes.
• Let the receptionist or your provider know if you do not plan to return for services.
• Let the agency know if you are dissatisfied with services.
• Make sure payments for all services received are made timely.
• Treat staff and other consumers with courtesy and respect.
• Authorize communication with primary care practitioners and other providers who are essential to coordinate plan of care.