Regulation detail

22-A302

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22-A302 INDEPENDENT PEER ADVOCACY PROGRAMS

Jurisdiction: DC Agency: DC Department of Behavioral Health (DBH) — Title 22-A; and DC Department of Health Care Finance (DHCF) — Title 29 Medicaid behavioral-health chapters
CMHC (60%) MH_IOP (40%) MH_PHP (40%) MH_RESIDENTIAL (50%) OUTPATIENT (60%) PRTF (50%) PSYCH_FACILITY (60%)
Plain-English summary

This regulation requires DC's Department of Mental Health (DMH) to fund and facilitate independent peer advocacy programs that assist mental health consumers throughout the grievance process, including filing grievances, attending meetings, and gathering information. The programs must provide 24/7 intake and ensure a peer advocate is available within 24 hours of a request. Peer advocates are prohibited from assisting with grievances against MH providers from which they are currently receiving services, unless the consumer consents in writing. These programs supplement, but do not replace, any consumer advocacy programs offered by MH providers.

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Regulation text
302 INDEPENDENT PEER ADVOCACY PROGRAMS

302.1 DMH shall facilitate and provide funding to establish one or more peer advocacy programs independent of all MH providers to assist consumers throughout the grievance process, including filing a grievance, accompanying consumers to meetings, helping consumers gather relevant information, and presenting the information in any subsequent proceedings. A peer advocacy program may provide services to consumers in addition to assistance with grievances.

302.2 The responsibilities of a peer advocacy program established under § 302.1 shall include:

(a) Recruit and collaborate with DMH to train independent peer advocates;

(b) Ensure that independent peer advocates abide by all federal and local requirements for the confidentiality of consumer information;

(c) Ensure that each independent peer advocate continues to provide services in a satisfactory manner;

(d) Provide an intake function that permits consumers to submit requests for assistance twenty-four (24) hours per day, seven (7) days per week; and

(e) Ensure that an independent peer advocate is available for individual consultation no later than twenty-four (24) hours after a consumer has submitted a request for assistance pursuant to § 302.2 (d) above.

302.3 An independent peer advocate shall not assist a consumer with a grievance against a MH provider from which the peer advocate is currently receiving mental health services or supports, unless the consumer consents in writing to such assistance.

302.4 The existence of an independent peer advocacy program is not intended to replace or discourage the use of any consumer advocacy programs a MH provider may offer.

 SOURCE: Final Rulemaking published at 50 DCR 8480 (October 10, 2003).