(1) An EDC must develop and maintain a rights policy that supports and protects the fundamental human, civil, constitutional, and statutory rights of all clients. These rights must include:
- (a) clients are admitted to treatment without regard to race, color, creed, national origin, religion, sex, sexual orientation, age, or disability, except for bona fide program criteria;
- (b) clients are reasonably accommodated in case of sensory or physical disability, limited ability to communicate, limited English proficiency, or cultural differences;
- (c) clients are treated in a manner sensitive to individual needs and which promote dignity and self-respect;
- (d) all clinical and personal information is treated in accordance with state and federal confidentiality regulations;
- (e) clients can review their own treatment records in the presence of the administrator or designee;
- (f) clients are fully informed of fees charged, including fees for copying records to verify treatment and methods of payment available; and
- (g) clients are protected from abuse, harassment, and exploitation by staff or from other clients who are on agency premises.
- (2) The EDC must post a copy of client rights in a conspicuous place in the facility accessible to clients and staff.
- (3) These rights must be explained at the time of admission to the client and/or legal representative in terms that the client can understand.
(4) The EDC must develop a written client grievance policy that includes:
- (a) a procedure for the submission of the client's written or verbal grievance to the EDC;
- (b) time frames in which the EDC must review a grievance and reach a decision;
(c) a process for providing the client with written notice of the grievance decision that contains:
- (i) the name of the EDC's contact person;
- (ii) the steps taken on behalf of the client to investigate the grievance;
- (iii) the results of the grievance process; and
- (iv) the date of completion.
- (d) clients will receive a copy of client grievance procedures describing the submission and disposition of complaints by the client and right to appeal without threat of reprisal; and
- (e) client consent must be obtained for each release of information to any other person or entity.
- (5) The grievance policy must be explained at the time of admission to the client in terms that the client and/or legal representative can understand.
Authorizing statute(s): 50-5-247, MCA
Implementing statute(s): 50-5-247, MCA
History: NEW, 2018 MAR p. 2214, Eff. 11/3/18.