The safety of our treatment program participants is our highest priority. The rights of NYS-certified program participants are protected under New York State Mental Hygiene Law. If you feel you've been mistreated, or rights are being infringed on, discuss it with program staff. Issues can often be resolved within the program between the parties involved. If an issue cannot be resolved, or if you feel you cannot discuss the issue with your clinician, their supervisor, or the program director, you have options. For more significant grievances about a program or its staff contact the Patient Advocacy hotline, the Justice Center, or another NYS service line as listed below at the bottom of this notification. No punitive action can be taken against those in treatment for voicing concerns.
The fact that you are receiving psychiatric treatment does not mean you are mentally incompetent. You are considered legally competent unless a judge has ruled that you are incompetent.
Your rights may not be limited as punishment or for the convenience of staff people. These rights include:
- The right to be informed of the program's rules and regulations.
- The right to receive services without regard to race, color, ethnicity, religion, sex, sexual orientation or source of payment.
- The right to receive clinically appropriate care and treatment that is suited to your needs and skillfully, safely and humanely administered with full respect for your dignity and personal integrity.
- The right to an individualized service plan and a full explanation of the services provided, and the right to participate in the development of your individualized service plan. This includes goals and measuring progress with your clinicians.
- The right to receive confidential treatment. Except for a medical emergency, court order, child abuse or crimes committed on program premises, a program generally cannot release information about your treatment without your written consent.
- The right to refuse treatment, or discontinue treatment at any time, and be told what effect this could have on your health or status in the program.
- The right to obtain, in writing, an explanation of the reason(s) for your discharge from treatment and information about the program's appeal process. And, if necessary, receive help obtaining treatment at another program.
- The right to freedom from sexual harassment, sexual misconduct, abuse and mistreatment by employees.
- The right to a reasonable degree of privacy, including bathroom privacy.
- The right to be informed of the provider’s grievance policies and procedures, and the right to bring any questions or complaints to the director of the program or the organizations listed at the back of this booklet.
- The right to be treated in a way which acknowledges and respects your cultural environment.
In a separate category, your outpatient program may inform you about these additional elements, although they are not rights set forth in law or regulation:
- The name of the staff member who will have primary responsibility, for example, as your principal contact person or personal service coordinator.
- Alternate treatments available to you.
- The rules of conduct in your program.
- The cost of treatment.
- The program’s relationship with other agencies regarding additional services.
- The authority under which the program operates.
Your responsibilities while in treatment:
- Act responsibly and cooperate with the staff from your program.
- Treat the staff and other patients with courtesy and respect.
- Respect the right of other patients to receive confidential treatment.
- Participate in the development and completion of your treatment plan, which may include becoming involved in productive activities.
- Pay for treatment on a timely basis, according to your means.
- Talk with a clinician about problems that affect your treatment progress and recovery.
- Offer suggestions on improving program operations.
- Talk with a clinician before ending treatment; don't just stop or leave.
- Ask questions about any part of your treatment you don't understand.
NOTE: You can be discharged from the program if participation is no longer clinically appropriate or if you engage in conduct which poses a risk of physical harm to yourself or others.
Privacy and Confidentiality
The law protects your right to privacy and confidentiality during treatment. This includes conversations between you and staff people who provide services, and information in your record. You have the right to see your treatment record unless there is a clinical reason why you should not, and to request that your physician discuss your treatment record with you. You may ask to have your record sent to any other service provider or your attorney. If you are under age 18, a parent or legal guardian may make this request.
Generally, information from your treatment record cannot be released without your written consent. In limited circumstances, however, the law may allow or require release of records or information to certain individuals, governmental agencies or provider organizations. Most disclosures will be noted in your record, and you are entitled to learn about them upon request. The law states that notations do not have to be kept when records are disclosed to the Mental Hygiene Legal Service, quality of care reviewers or government finance agents dealing with payments. The law also says that for disclosures made to insurance companies licensed under the State Insurance Law, such a notation needs to be entered only at the time the disclosure is first made.
Access to Records
You must be given an opportunity to inspect your clinical record when you have submitted a written request. The law does allow some limitations on this access, based on clinical justification. A program can impose a reasonable charge for all inspections and copies. The charge cannot exceed what these services actually cost the program. In no case can a program charge more than 75 cents per page. If you disagree with some part of your record, you can submit a written statement challenging the information in the record to be permanently attached to the record.
Problems or Complaints
You have the right to information on how to make a complaint. A provider of service must give a notice of recipients’ rights to each person upon admission, and post the rights in a conspicuous location. If you have a problem or complaint, the person who runs the program is responsible for making sure your rights are protected. If this does not work, or is inappropriate, there are other organizations that can help.
Mental Hygiene Legal Service, First Judicial Department
41 Madison Ave., 26th Floor,
New York NY 10010
(212) 779-1734
Justice Center
Investigates allegations of abuse and neglect involving program personnel who interact with patients on a regular basis and in a substantial manner. For more information, visit the Justice Center. Or contact by phone at855-373-2122.
Patient Advocacy
Investigates or inspects the issue, contacts the program and works to resolve matters quickly and fairly. The Patient Advocacy hotline is staffed Monday-Fridays, during normal business hours. Calls must be made from within New York State.
Office of Addiction Services and Supports
501 7th Avenue,
New York, NY 10018
https://oasas.ny.gov
Toll free: 1-800-553-5790
New York State Office of Mental Health
44 Holland Ave.,
Albany NY 12229
Toll free: 1-800-597-8481
En Espanol: 1-800-597-8481
Protection and Advocacy for Individuals Who Are Mentally Ill (PAIMI)
New York Lawyers for the Public Interest
151 W. 30th Street, 11th Floor,
New York, NY 10001-4007
(212) 244-4664
