Your Rights as a Client in Our Care 
INFORMATION ON CLIENT RIGHTS & RESPONSIBILITIES

North Carolina General Statutes (GS 122C 51-67) and the North Carolina Administrative Code (APSM 95-2) outline specific requirements for notification of individuals regarding their rights as well as operational policies and procedures that ensure the protection of rights. These statutes and regulations also outline the policy and operational requirements for the use and follow up of restrictive interventions and protective devices.
 
The protection and promotion of recipient rights is a crucial component of the service delivery system. All individuals are assured rights by law and it is expected that providers will respect these rights at all times and provide their service recipients continual education regarding their rights, as well as support them in exercising their rights fully.


Basic Human Rights Provided to Every Client

• Right to dignity, privacy, humane care, and freedom from mental and physical abuse, neglect and exploitation
• Right to treatment, including access to medical care and habilitation, regardless of age or degree of MH/IDD/SA disability.
• Right of our clients to receive services and participate in activities free of discrimination on the basis of race, ethnicity, age, color, religion, gender, national origin, sexual orientation, physical or mental handicap, developmental disability, genetic information, human immunodeficiency virus status, or in any manner prohibited by local, state or federal laws.
• Right to treatment and care based on the normalization principle
• Right to receive age-appropriate treatment, access to medical care and habilitation, and the right to an individualized written program plan at the time of admission to maximize his/her development
• Right to be informed in advance of the potential risks and alleged benefits, and alternatives to the program choices
• Right to confidentiality of all records and information about their health, social, or financial circumstances
• Right to be free from unnecessary or excessive medication. Medication shall not be used for punishment, discipline or staff convenience
• Right to consent to or to refuse any treatment offered, including behavior management policies, except in certain emergency situations
• Right to request notification after occurrence of any or specified interventions
• Right to be informed of emergency procedures
• Right to exercise all civil rights. Certain civil rights may be limited if a client has been adjudicated incompetent.
• Right to certain safeguards and carefully controlled circumstances when interventions are used
• Right to be free of corporal punishment, and to be free of harm, abuse and exploitation
• Right to be free of restrictive interventions including, but not limited to physical restraint, isolation or seclusion except when there is imminent danger of abuse or injury to oneself or others, when substantial property damage is occurring, or when it’s necessary as a part of treatment/habilitation
• Right to be free from threat or fear of unwarranted suspension or expulsion
• Right to be free from unwarranted invasion of privacy
• Right to be free from unwarranted search and/or seizure
• Right of the person legally responsible for a minor or an incompetent adult to request notification of the use of an intervention procedure
• Right to request notification of the restriction of rights
• Right to file a grievance or a complaint with Client Rights Committee:

Soul Care, 5501 Executive Center Drive, Suite #215, Charlotte, NC 28212
Tel: 980-613-8312  

• Right to contact the North Carolina Legal Assistance:

2113 Cameron Street, Suite 218, Raleigh, NC 27605
1-800-821-6922 (Voice) or 1-888-268-5535 (TDD)

• Right to contact the Disability Rights North Carolina (formerly the Governor's Advocacy Council for Persons with Disabilities); at the Division of MH/DD/SAS

3724 National Drive, Suite 100
Raleigh, NC 27612
Toll-Free: 877-235-4210
 

What Are My Responsibilities?
In addition to your rights as a recipient of services, you can help ensure the best outcomes for yourself by assuming the following responsibilities:

• Supplying information (to the extent possible) that Soul Care PLLC and its network providers/practitioners need in order to provide you care
• Following the plans and instructions for care that you have agreed to with your providers/practitioners
• Understanding your health problems and participating in developing mutually agreed upon treatment goals, to the degree possible.
• Telling the doctor or nurse about any changes in your health.
• Asking questions when you do not understand your care or what you are expected to do
• Inviting people who will be helpful and supportive to you to be included in your treatment planning
• Respecting the rights and property of other consumers and of program staff
• Respecting other consumers’ needs for privacy
• Working on the goals of your Treatment Plan
• Keeping all the scheduled appointments that you can
• If unable to keep an appointment, canceling it at least 24 hours in advance
• Meeting financial obligations according to your established agreement
• Informing staff of any medical condition that is contagious
• Taking medications as they are prescribed for you
• Telling your doctor if you are having unpleasant side effects from your medications, or if your medications do not seem to be working to help you feel better
• Telling your doctor or therapist if you do not agree with their recommendations
• Telling your doctor or therapist when/if you want to end treatment
• Carrying your Medicaid or other insurance card with you at all times
• Cooperating with those trying to care for you
• Being considerate of other patients and family members
• Seeking out additional support services in your community
• Reading, or having read to you, written notices from Soul Care PLLC about changes in benefits, services or providers
• When you leave a program, requesting a discharge plan, being sure you understand it and being committed to following it

Confidential information regarding persons being treated for substance abuse shall be released or disclosed in accordance with the federal regulations 42 C.F.R. Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records. Unless such information is court ordered or by other authorized tribunal, a written authorization from the client’s is required to release substance abuse information.  Disclosure is also permitted in medical emergencies, to qualified personnel for research, audit purposes or program evaluation.  Federal Law does not protect any information about suspected child abuse or neglect, crimes committed by a client either at the Mental Health Facility or against any person who works for the facility or about any threats to commit such crimes. 
 
North Carolina statutes and courts prohibit certain types of health information from remaining confidential and impose a duty on the recipient of such health information to report it to the appropriate authorities, such as suspicion of child abuse and neglect of dependent children and the abuse and exploitation of disabled adults.


Grievance Policy
SOUL CARE  maintains a process by which client grievances may be addressed in a fair, timely and impartial matter. This policy specifies how clients, family members, significant others and staff may express concern about the provision of services and what response they may expect.

Grievance may be filed on behalf of a client by:
The client
The client’s legally responsible person
Any other adult, including a staff member, who has be designated by the client and given written consent to bring a grievance on his/her behalf.

Procedure:

1. Grievances being made by the client should be made first to the staff person with whom the client has a disagreement.
2. If the client is not satisfied with the response from the staff member, the client should submit a formal grievance in writing, outlining the specific grievance, previous steps taken to resolve the grievance, the parties involved and the date and time the grievance if filed. This form should be given to the staff person’s supervisor. Clients who need assistance with completing a formal grievance can seek assistance from any employee or staff member of SOUL CARE, without fear of disclosure or retribution by assisting staff.
3. The supervisor will contact the client within 72 hours of receipt and attempt to reach a resolution with the client.
4. If satisfactory resolution is not achieved through the interview with the supervisor, the client may submit the grievance to the Clinical Director/Owner, stating the nature of the grievance, and that the client has not received a satisfactory response to the grievance. The Clinical Director/Owner will respond to the grievance within 72 hours of receipt.
5. Clients who are still not satisfied with the response by the Clinical Director/Owner may forward their grievance directly to the Chair of the Client Rights Committee who will be expected to act on the grievance within 5 working days of receiving it. The Client Rights Committee will investigate the grievance and will deliver an opinion regarding the resolution strategy to the agency director or president. Persons filing a grievance against SOUL CARE should receive a written response regarding their grievance no later than 30 days from the initial grievance filing date (step 2 listed above).