This regulation establishes consumer protection requirements for Mental Health Rehabilitation Services (MHRS) providers certified by the DC Department of Behavioral Health. Providers must adopt and adhere to policies covering consumer rights, complaint and grievance procedures, informed consent to treatment, release of mental health information, and advance directives. The Department reviews and approves these policies during initial certification and recertification. Medicaid beneficiaries and local-only beneficiaries are entitled to notice and appeal rights for adverse actions affecting their MHRS.
View official source3409 CONSUMER PROTECTIONS 3409.1 Medicaid beneficiaries are entitled to Notice and Appeal rights pursuant to 29 DCMR § 9508 in cases of intended adverse action, such as an action to deny, discontinue, terminate, or change the manner or form of Medicaid-funded MHRS. The Department shall provide local-only beneficiaries the same Notice and Appeal rights. 3409.2 Each MHRS provider shall establish and adhere to a consumer rights policy authorized by its governing authority (“Consumer Rights Policy”) that complies with the requirements of 22-A DCMR § 301.1. 3409.3 Each MHRS provider shall establish and adhere to a system for distributing the Consumer Rights Policy that complies with the requirements of 22-A DCMR § 301.3. 3409.4 Each MHRS provider shall establish and adhere to a well-publicized complaint and grievance system, which includes written policies and procedures for handling consumer, family, and practitioner complaints and grievances (“Complaint and Grievance Policy”) that complies with 22-A DCMR § 306. 3409.5 Each MHRS provider shall establish and adhere to policies and procedures for obtaining written informed consent to treatment from consumers (“Consent to Treatment Policy”), which comply with applicable Federal and District laws and regulations, including 22-A DCMR Chapter 1. 3409.6 Each MHRS provider shall establish and adhere to policies and procedures governing the release of mental health information about consumers (“Release of Consumer Information Policy”), which comply with applicable Federal and District laws and regulations. For consumers with co-occurring mental health and substance use disorders (SUDs), the MHRS provider shall comply with the requirements of 42 CFR part 2 governing the confidentiality and release of SUD treatment records as applicable. 3409.7 Each MHRS provider shall establish and adhere to policies and procedures governing the use of advance instructions for mental health treatment, durable power of attorney for health care, and advance directives (“Advance Instructions Policy”) that comply with applicable Federal and District laws and regulations, including 22-A DCMR Chapter 1 and any applicable the Department policy. 3409.8 Each MHRS provider’s Advance Instructions Policy shall incorporate the development of advance instructions for mental health treatment, durable power of attorney for health care, and advance directives into the assessment planning process. 3409.9 The Department shall review and approve each MHRS provider’s Consumer Rights Statement, Complaint and Grievance Policy, Consent to Treatment Policy, Release of Consumer Information Policy, and Advance Instructions Policy, during the certification process and during recertification. SOURCE: Final Rulemaking published at 48 DCR 10297 (November 9, 2001); as amended by Final Rulemaking published at 51 DCR 9308 (October 1, 2004); as amended by Final Rulemaking published at 52 DCR 5682 (June 17, 2005); as amended by Final Rulemaking published at 67 DCR 10674 (September 4, 2020). District of Columbia Municipal Regulations Mental Health 22-A DCMR § 3409