CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS

 

Federal Law and HIPPA regulations protect the confidentiality of Behavioral Health client records maintained by this program. Generally, the program may not say to a person outside the program that a patient attends the program, or disclose any information identifying client as a mental health or alcohol/drug abuse client unless:

   1. The patient consents in writing

   2. The disclosure is allowed by a court order

   3. The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.

 

Violation of the Federal Law and regulations by a program is a crime. Suspected violations may be reported to appropriate authorities in accordance with Federal Regulations.

Federal Law and Regulations do not protect any information about a crime committed by a patient either at the program or against any person who works for the program or about the threat to commit such a crime. Federal Laws and Regulations do not protect any information about suspected child abuse or neglect from being reported under State Law to appropriate State and Local Authorities.

(See 42 U.S.C. dc-3 and 42 U.S.C. 290ee-3 for Federal Laws and 42 CFR Part 2 for Federal Regulations)

 

 

Patient Grievance

​

Policy: Patients have the right to submit a GRIEVANCE against TLC TREATMENT CENTER and /or its personnel, without reprisal or retaliation.

Procedure:

1. TLC TREATMENT CENTER concerns are to be presented, directly, with his/her Counselor. The concern(s) in question are to be presented in written statement form, containing the patient's signature, no later than 60 days of alleged infraction. The body of the document should include, at least:

 

    a. The alleged infraction or violation;

    b. If a Patient is experiencing any issue related to treatment and/or services received at The date or approximate date of the violation and the date or approximate date on which the grievant became aware of the alleged violation;

    c. The facts relevant to the alleged violation; and

    d. The sought resolution.

 

2. If the Counselor has the ability to resolve the grievance, he/she, upon discussion with the patient, will submit documentation of the resolution to the patient within fourteen (14) working days of receipt of initial grievance. However, if the Counselor feels that the grievance warrants a more formal review, or the patient is dissatisfied with the counselor's response, the counselor shall forward said grievance documentation to TLC TREATMENT CENTER's Administrator. Or the patient may call and schedule an appointment with TLC TREATMENT CENTER's Administrator, Mr. John Schwary (602) 763-2138, to re-address the initiated grievance. If the grievance is submitted to the Administrator in written form, via the counselor or grievant, the Administrator shall provide written acknowledgment of grievance receipt within three (3) working days of grievance receipt. TLC TREATMENT CENTER's Administrator will provide a final written response to the patient within fourteen (14) working days. The final written response will contain the receipt date of grievance, summary, relevant investigative information and grievance resolution.

 

** In the absence of the Administrator, the Administrator Delegate, Randy Brasmer (602) 601-8787, shall follow the same process.

 

 

 

 

Patient Rights

 

1. A patient is treated with dignity, respect, and consideration;

2. A patient is not subject to:

 

    a. Abuse;

    b. Neglect;

    c. Exploitation;

    d. Coercion;

    e. Manipulation;

    f. Sexual abuse;

    g. Sexual assault;

    h. Restraint or seclusion;

    i. Retaliation for submitting a complaint to the Department or any other entity; or

    j. Misappropriation of personal and private property by TLC TREATMENT CENTER's personnel member or volunteer

 

3. A patient or the patient's representative:

 

    a. Except in, an emergency, either consents to or refuses treatment;

    b. May refuse or withdraw consent for treatment before treatment is initiated;

    c. Except in an emergency, is informed of alternatives to a proposed psychotropic medication or surgical procedure and associated risks and possible complications of a proposed psychotropic medication or surgical procedure;

    d. Is informed of the following:

 

        i. The outpatient treatment center's policy on healthcare directives, and

        ii. The patient complaint process;

 

    e. Consents to photographs of the patient before a patient is photographed, except that a patient may be photographed when admitted to an outpatient treatment center for identification and administrative purposes; and

    f. Except as otherwise permitted by law, provides written consent to the release of information in the patient's:

 

        i. Medical record or

        ii. Financial records.

 

4. A patient also has the following rights:

 

    a. Not to be discriminated against based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, or diagnosis;

    b. To receive treatment that supports and respects the patient's individuality, choices, strengths, and abilities;

    c. To receive privacy in treatment and care for personal needs;

    d. To review, upon written request, the patient's own medical record according to ARS 12-2293, 12-2294, and 12-2294.01;

    e. To receive a referral to another health care institution if the outpatient treatment center is not authorized or not able to provide physical or behavioral health services needed by the patient;

    f. To participate or have the patient's representative participate in the development of, or decisions concerning treatment;

    g. To participate or refuse to participate in research or experimental treatment; and

    h. To receive assistance from a family member, patient's representative, or other individual in understanding, protecting, or exercising the patient's rights.

Complaints

 

Policy: TLC TREATMENT CENTER clients and TLC TREATMENT CENTER personnel members have the right to file a formal complaint with the Arizona Department of Health Services, without fear or threat of retaliation from any TLC TREATMENT CENTER personnel member, volunteer or representative. Although recommended, Complaints do NOT, necessarily, require precedent filing of a grievance within the licensed agency.

 

Procedure: Complaints may be submitted by phone, fax, mail or hand delivered, as follows:

 

 

    Arizona Department of Health Services

    Division of Licensing Services

    150 N 18th Avenue, 4th Floor

    Phoenix, Arizona 85007

    Phone: (602)364-2536 Fax: (602)364-4808

 

    Arizona Department of Health Services

 

    Bureau of Medical Facilities Licensing

    150 N 18th Avenue, 4th Floor

    Phoenix, Arizona 85007

    Phone: (602)364-3030 Fax: (602)364-4764

 

 

 

 

**Electronic submissions completed as follows:

 

Email: www.azdhs.gov — Once on the website, scroll down the icons to the left of the page, to "Topics". The associated arrow allows you to choose from a list. You will scroll down, to "File a Complaint". The next page will require that you choose the respective licensing division form and subclass, which falls under "Medical/Agencies, Outpatient & Recovery Care Centers". This will, then, take you to that "Online Complaint Submittal Form — Medical Licensing", where you will complete and submit the complaint form.

 

You may also wish to file a complaint with the Joint Commission and can do so by going to jointcomission.org/report_a_complaint.aspx to file an online complaint. You may also contact them via fax number at 630-792-5636 or send them a letter to:

 

Office of Quality and Patient Safety

The Joint Commission

One Renaissance Boulevard

Oakbrook Terrace, IL 60181

 

The Joint Commission has indicated that an online submission is preferred.

 

This information is also conspicuously posted in the main lobby area.