Rights & Responsibilities

Individual Rights and Responsibilities

Patients of Lincoln County Health and Human Services have the following rights:

  • To receive a written copy of these rights before receiving care.
  • To have access to service regardless of race, color, religion, sex, sexual orientation, age, marital status, national origin, language, ability to pay, and mental or physical ability.
  • To receive acceptable and timely treatment and be treated with respect, dignity, and compassion.
  • To choose a provider and ask for information about the professional background and training of staff.
  • To receive confidential services and only have private health information (PHI) shared once written consent has been given.
  • To access individual's medical records.
  • To participate in planning treatment.
  • To receive understandable information regarding individual's diagnosis and expected health outcomes.
  • To actively participate in decisions about any treatments or alternative care, and all potential risks and benefits.
  • To give informed consent in writing before getting any services, except in a medical emergency, or as permitted by law.
  • To refuse treatment.
  • To refuse to participate in any medical experiments.
  • To be informed of the cost of care and to receive a discount based on need.
  • To file a grievance or complaint without fear of revenge.
  • Exercise all rights without any form of punishment.
  • Receive medication specific to one's medical needs, including medications used to treat opioid dependence;

Patients of Lincoln County Health and Human Services have the following responsibilities:

  • To participate in care and treatment planning. Asking questions is encouraged.
  • To be actively involved in following treatment plan.
  • To provide accurate health, mental health and financial information. To inform care provider of changes in physical or emotional health.
  • To not bring weapons into the clinic or engage in violence and threats of violence.
  • To arrive on time for scheduled appointments and notify LCHHS in advance of any delay or cancellation.
  • To pay for services or communicate challenges paying your bill.
  • To protect the confidentiality of others.

Behavioral Health Services

In addition to all applicable statutory and constitutional rights, every individual receiving behavioral health services has the right to:

  1. Choose from services and supports that are consistent with the assessment and service plan, culturally competent, provided in the most integrated setting in the community and under conditions that are least restrictive to the individual's liberty, that are least intrusive to the individual, and that provide for the greatest degree of independence;
  2. Be treated with dignity and respect;
  3. Participate in the development of a written service plan, receive services consistent with that plan and participate in periodic review and reassessment of service and support needs, assist in the development of the plan, and receive a copy of the written service plan;
  4. Have all services explained, including expected outcomes and possible risks;
  5. Confidentiality and the right to consent to disclosure in accordance with ORS 107.154, 179.505, 179.507, 192.515, 192.507, 42 CFR Part 2 and 45 CFR Part 205.50;
  6. Give informed consent in writing prior to the start of services, except in a medical emergency or as otherwise permitted by law. Minor children may give informed consent to services in the following circumstances:
    • a. Under age 18 and lawfully married;
    • b. Age 16 or older and legally emancipated by the court; or
    • c. Age 14 or older for outpatient services only. For purposes of informed consent, outpatient service does not include service provided in residential programs or in day or partial hospitalization programs
    • d. Inspect their service record in accordance with ORS 179.505;
    • e. Refuse participation in experimentation.
    • f. Receive medication specific to the individual's diagnosed clinical needs, including medications used to treat opioid dependence;
    • g. Receive prior notice of transfer, unless the circumstances necessitating transfer pose a threat to health and safety;
    • h. Be free from abuse or neglect and to report any incident of abuse or neglect without being subject to retaliation;
    • i. Have religious freedom;
    • j. Be free from seclusion and restraint;
    • k. Be informed at the start of services and periodically thereafter of the rights guaranteed by this rule;
    • l. Be informed of the policies and procedures, service agreements and fees applicable to the services provided, and to have a custodial parent, guardian, or representative assist with understanding any information presented;
    • m. Have family and guardian involvement in service planning and delivery;
    • n. Have an opportunity to make a declaration for mental health treatment, when legally an adult;
    • o. File grievances, including appealing decisions resulting from the grievance;
    • p. Exercise all rights set forth in ORS 109.610 through 109.697 if the individual is a child, as defined by these rules;
    • q. Exercise all rights set forth in ORS 426.385 if the individual is committed to the Authority; and LCHHS Policy Number 105,
    • r. Exercise all rights described in this rule without any form of reprisal or punishment.
  7. The provider shall give to the individual and, if appropriate, the guardian a document that describes the applicable individual's rights as follows:
    • a. Information given to the individual shall be in written form or, upon request, in an alternative format or language appropriate to the individual's need;
    • b. The rights and how to exercise them shall be explained to the individual, and if applicable the guardian; and
    • c. Individual rights shall be posted in writing in a common area.

Patients of Lincoln County Health and Human Services/Lincoln Community Health Center shall have the following responsibilities:

  1. To participate in care and treatment planning. Asking questions is encouraged.
  2. To be actively involved in following mutually agreed upon treatment plan.
  3. To provide accurate health, mental health, and financial information. To inform care provider of changes in physical or emotional health.
  4. To not bring weapons into the clinic or engage in violence and threats of violence.
  5. To arrive on time for scheduled appointments and notify LCHHS/LCHC in advance of any delay or cancellation.
  6. To pay for services or communicate challenges paying your bill.
  7. To protect the confidentiality of others

Specific to Intellectual and Developmental Disability Services

It is the policy of the Lincoln Community Developmental Disability Program (CDDP) that the rights of individuals receiving developmental disability services in Lincoln County will conform to OAR 411-320-0060 and are in addition to, not limiting any other statutory and constitutional rights for all citizens including, but not limited to, the right to vote, marry, have or not have children, own and dispose of property, enter into contracts and execute documents unless specifically prohibited by law in the case of children under the age of 18. The rights described in this section may be exercised by the individual, the individual's guardian and any legal representative designated by the individual. Nothing in these policies will be interpreted to alter any legal rights and responsibilities between parent and child.

The CDDP will assure individuals the following rights while receiving services:

  • Protection and well-being. The CDDP will provide a humane service environment that gives reasonable protection from harm and privacy. This includes assurances that individuals:
    • Will not be abused or neglected by county staff, nor will abuse or neglect be tolerated by any county employee, personal support staff or volunteer of the program;
    • Are free to report any incident of abuse without fear of retaliation; County staff will report any incident of abuse they suspect or are aware of;
    • Have the freedom to choose whether or not to participate in religious activity and for children according to parent or guardian preference including if child is placed in a DD foster home or residential care;
    • Have contact and visits with family members, friends, advocates (except where prohibited by court order) and visits with legal and medical professionals if DD client resides in a DD foster home, residential care, or in other facility to receive care related to their DD diagnosis;
    • Have access and ability to communicate privately with state ombudsman, Disability Rights Oregon (DRO), any public or private rights protection advocate the client chooses, services coordinator, or CDDP representative;
    • Will not be mechanically or physically restrained, or monitored with alarms and video cameras, except outdoor security systems. Individuals will not be kept from access to food, unless there is an approved reason to limit food for the individual; and
    • Will not be subject to any chemical restraint. Any medication given will only be for the person's individual medical needs as prescribed by a physician.
  • Choice. When becoming eligible for services, individuals will be able to choose what case management entity (CME) they want to receive services from. If choosing the County as their CME they will be offered services that are appropriate and consistent with assessments and their individual service plan (ISP) that will be developed in accordance with OAR 411-320-0060(2)(c) and (d). Services will promote independence, dignity, and self-esteem. Planning will reflect the age and preferences of the individual child or adult. Services will be provided in a setting and under conditions that are least restrictive to the individual's liberty, that are least intrusive to the individual, and that allow for a level of decision-making and independence that makes sense for their age. The Level of Care will be reviewed at least annually and services adjusted to meet needs.
  • A plan. Have a written individual service plan (ISP) which will be created at the start of services. Services will be delivered according to the plan and a review of the plan to reassess service needs will be done at least annually, or if the client's needs change.
  • Participation. Be able to participate in planning services, depending on the individual's abilities, including helping develop and change the plan described in paragraph (c) of this subsection; and the right to have all services explained.
  • Informed consent. Have informed voluntary written consent before receiving services, except in a medical emergency or as otherwise permitted by law.
  • Written prior consent for experimental programs. Have informed voluntary written consent prior to participating in any experimental programs.
  • Notice and grievances. Prior notice of any involuntary end of or transfer from services. Will be told about any other sources where necessary services could continue, and the grievance process will be explained.
  • Compensation. Reasonable and lawful payment for any work done, except personal housekeeping duties.
  • Due process in civil commitment. Exercise all rights set forth in ORS 426.385 and 427.031 if the individual is committed to the Department.
  • Be informed. Be informed at the start of services and reminded once a year of the rights guaranteed by this section and how to report abuse; and to have these and procedures posted in an accessible and easy to see location, and made available to the individual's guardian and any representative designated by the individual.
  • Grievance. Be told about and have the opportunity to file grievances if rights described in this section have been violated, including the right to have any grievances considered in a fair, timely, and impartial grievance procedure.
  • Free from reprisal. Have the freedom to exercise all rights described in this section without any form of reprisal or punishment.

An adult protected person for whom a guardian has been appointed will not be presumed to be incompetent and will retain all legal and civil rights provided by law except those that have been expressly limited by court order or specifically granted to the guardian by the court. Rights retained by the individual will include but not be limited to the right to contact and retain counsel and to have access to personal records.

Procedure:

  1. At the time of enrollment into services and once a year afterwards, the case manager will provide the individual and/or his/her legal representative information detailing the rights of the individual receiving developmental disabilities services and a Fact Sheet for complaints, Medicaid Fair Hearing, and Administrative Review.
  2. The individual and/or his/her legal representative will be given the opportunity to review and ask any questions to help them understand their rights.
  3. If any staff of the CDDP becomes aware of any incidents where the rights of the individual are not being respected, they will immediately report concerns to the D.D. program manager. All information that makes them believe that the individual's rights are not being respected must be reported.
  4. The CDDP staff will assure that the individual and/or their legal representative is informed about how to file a complaint or grievance, and will help them with anything they need to complete this process.
  5. In the event that a complaint resulting from reports of rights violations on the part of the CDDP leads to an investigation, CDDP staff will provide information and assistance and will cooperate fully with DHS staff or other legal entity assigned to investigate in any complaint investigation.