Rights and Privacy
Individuals who receive services from the Middle Peninsula-Northern Neck Community Services Board (MP-NN CSB) have certain rights as described in the Human Rights Regulations for Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services. For a full review of your Human Rights, please use the following link: https://law.lis.virginia.gov/admincode/title12/agency35/chapter115/
If you have questions about your rights or feel that your rights have been violated, you may call one of the following numbers:
MP-NN CSB Quality Assurance Office @ 804-758-5314.
The Office of Human Rights, Region V @ 757-253-7061.
Please review below for a summary of your rights:
- Right to Dignity
- Right to Treatment
- Participate in Decision-making
- Authorized Representative
- Access to Amendment of Service
- Freedom from Restrictions
- Free from Seclusion/Restraint
- Complaint and Appeal Process
- HCBS Rights
- Assurance of Rights
- Right to Notification
Right to Dignity
- As a person being served by MP-NN CSB, you have the right to be treated with dignity, which includes the following rights:
- To exercise legal, civil, human rights
- Have person-centered services
- Be protected, respected, and supported
- Use your preferred or legal name.
- Be protected from harm including abuse, neglect, and exploitation.
- Have help in learning about, applying for, and fully using any public service or benefit
- Be provided with information about program services, policies, and rules in writing and in the manner, format and language easily understood
- Have opportunities to communicate in private with advocates, and have an individual of the person’s choice notified of the person’s general condition, location, and transfer to another provider
For individuals within MP-NN CSB Residential services, you also have the right to:
- Have sufficient and suitable clothing for his exclusive use.
- Receive nutritionally adequate, varied, and appetizing meals that are prepared and served under sanitary conditions, are served at appropriate times and temperatures, and are consistent with any individualized diet program.
- Live in a humane, safe, sanitary environment
- Practice a religion and participate in religious services subject to their availability
- Have paper, pencil and stamps provided free of charge for at least one letter every day upon request.
- Communicate privately with any person by mail, and by telephone, and have help in writing or reading mail, and using the telephone, as needed. Use of the telephone may be limited to certain times and places.
- Have or refuse visitors.
Right to Treatment and Services
You have the right to obtain services without discrimination on the basis of your race, national origin, sex, age, religion, handicap, or ability to pay. Service fees must consider your ability to pay.
Additionally, MP-NN CSB must:
- Write the ISP and discharge plan in clear, understandable language
- Ensure that all services on the ISP and the discharge plan are integrated
- Ensure that the entries in an individual's services record are at all times authentic, accurate, complete, timely, and pertinent
- Not deliver any service to an individual without an ISP that is tailored specifically to the needs and expressed preferences of the individual and, in the case of a minor, the minor and the minor's parent or guardian or other person authorized to consent to treatment
- Develop, carry out, and monitor policies and procedures:
- Prohibiting discrimination in service provision
- That address emergencies, including proper response and responsible staff
- Comply with all state and federal laws-Americans with Disabilities Act
- Ensure sound therapeutic practice
Right to Participate in Decision-making
- Participate meaningfully in decisions regarding all aspects of services affecting them
- Consent or not consent to receive or participate in services.
- Give or withhold informed consent to receive or participate in treatment or services that pose a risk of harm and the decision to participate in human research
- Have an authorized representative make decisions for him in cases where the individual has been determined to lack the capacity to consent or authorize the disclosure of information.
- Be accompanied, except during forensic evaluations, by a person or persons whom the individual trusts to support and represent them in services planning, assessments, evaluations, including discussions and evaluations of the individual's capacity to consent, and discharge planning.
- Request admission to or discharge from any service at any time.
Right to an Authorized Representative
- Participate in the selection of an Authorized Representative
- Request an Authorized Representative for support even if the Individual has been determined to have capacity
- Have the right to object to an Authorized Representative selected
- Request to change any Authorized Representative if they feel that the person is not assisting or representing their interests
- Disagree with the Authorized Representatives guidance and directives if able to communicate their own preferences.
Retain all legal rights; having an Authorized Representative does NOT diminish any Rights afforded by law or service.
You have the right to confidential records. Your records will be released only with your consent or the consent of your authorized representative, by court order (except in emergencies), or as otherwise required or permitted by law.
- Protected Health Information (PHI) – Any and all information about a person, their health condition/disability, services for the condition, or financial information that could identify the individual shall remain confidential.
- Provide written authorization before disclosure of any confidential information unless there are regulatory exceptions. An individual may also choose to withdraw authorization at any time except for disclosures required by regulation or statute for services.
- Request the sources of information contained in his services records and provide a written listing of disclosures of information made
Access to and Amendment of Services
- See, read, and get a copy of his own services record, except information that is privileged pursuant to § 8.01-581.17 of the Code of Virginia,
- Let certain other people see, read, or get a copy of his own services record if the individual is restricted by law from seeing, reading, or receiving a copy;
- Challenge, request to amend, or receive an explanation of anything in his services record;
- Let anyone who sees his record, regardless of whether amendments to the record have been made, know that the individual has tried to amend the record or explain his position and what happened as a result.
With respect to Minors:
- The person must have the permission of a parent, guardian, or other person standing in loco parentis before he can access his services record.
A parent may access the minor child's services record unless: prohibited by 42 CFR Part 2, parental rights have been terminated, a court order provides otherwise, or the treating physician/clinical psychologist has determined that disclosure to the parent would be reasonably likely to cause substantial harm
Freedom from Restrictions on Everyday Life
- You have the right to be free from restrictions on freedoms of everyday life, to include:
- To move within the service setting, grounds, and community
- To communicate privately with whom they choose
- To have and spend money
- To see / hear TV, radio, and read books, newspaper, mail
- To keep/use personal items and clothing
- To use recreational facilities and enjoy outdoors
- To make purchases (e.g., vending machines or stores with basic food / clothing)
- To receive services in setting and conditions that are least restrictive
Free from Seclusion, Restraint and Time out
- MP-NN CSB does NOT currently authorize or impose any form of seclusion, restraint or time out for individuals served within MP-NN CSB programs.
- Voluntarily use mechanical supports to achieve proper body position, balance, or alignment so as to allow greater freedom of movement or to improve normal body functioning in a way that would not be possible without the use of such a mechanical support.
- Engage or not engage in work or work-related activities consistent with their service needs while receiving services.
- Be paid for work performed for an employer
- Personal maintenance and personal housekeeping by individuals receiving services in residential settings are not subject to this provision.
- Individuals served have the right to choose to participate or not participate in human research.
- MP-NN CSB does not engage in human research.
Complaint, Resolution, Hearing and Appeal Process
- Make a complaint that the provider has violated any of the rights assured under this chapter;
- Have a timely and fair review of any complaint in accordance with this chapter and the program's human rights complaint resolution policies and procedures;
- Have someone file a complaint on his behalf;
- Use these and other complaint procedures; and
- Make a complaint under any other applicable law, including to the protection and advocacy agency.
Home and Community-Based Services (HCBS) Rights
HCBS Rights are specific to individuals receiving Medicaid HCBS services for individuals with Developmental and/or Intellectual Services. HCBS Rights are similar to the Human Rights previously discussed, and there is some overlap, but they are expanded to ensure that individuals receiving DD Waiver services are protected. MP-NN CSB currently provides Congregate Residential and Supportive In-Home HCBS Services.
HCBS Rights across ALL service settings include:
- The setting must be integrated in and supports full access to the greater community. This includes opportunities to engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving Medicaid HCBS.
- The setting must ensure an individual's rights of privacy, dignity and respect, and freedom from coercion and restraint.
- The setting must optimize, but does not regiment, individual initiative, autonomy, and independence in making life choices, including but not limited to, daily activities, physical environment, and with whom to interact.
- The setting must facilitate individual choice regarding services and supports, and who provides them.
Additional HCBS Rights specific to DD Waiver Residential services include, but are not limited to:
- Entrances and exits are accessible to individuals residing in the home.
- Lease Agreements with the Residential Provider which provide tenant protections and terms
- Keys to all entry doors and to individual unit or room
- Access to food at all times
- Right to have visitors at any time
- Control of personal schedule and finances
- Right to decorate personal living space as desired
For more information on you DD Waiver HCBS Rights, please visit: https://mylifemycommunityvirginia.org/taxonomy/mlmc-menu-zone/home-and-community-based-services-settings-regulations
Assurance of Rights
MP-NN CSB will assure you are informed of your rights by:
- Displaying a list of rights and contact information for the human rights advocate
- Display and provide information about the right to contact the protection and advocacy agency
- Notify each individual and their AR in writing about their rights and how to file a complaint at the start of services and annually thereafter.
- Provide a copy of rights when asked
Right to Notification
MPNNCSB staff must inform you of your rights every 12 months while you are in the program. You may also request a copy of these rights at any time from your MP-NN CSB provider.