This regulation requires all Mental Health Rehabilitation Services (MHRS) providers, including Community Support Agencies (CSAs) and specialty providers, to establish, document, and adhere to a Consumer Choice Policy informing consumers of their right to freely choose among certified MHRS providers, sub-providers, and specialty providers. Each provider must make this policy available to consumers and their families, document receipt, and obtain Department approval during certification and recertification. The policy must comply with applicable federal and District laws.
View official source3410 CONSUMER CHOICE 3410.1 All consumers receiving MHRS shall have free choice of MHRS providers. 3410.2 Each MHRS provider shall establish and adhere to policies and procedures governing the means by which consumers shall be informed of the full choices of MHRS providers and other mental health service providers available, including information about peer support and family support services and groups and how to access these services (“MH Consumer Choice Policy”). 3410.3 The Department shall review and approve each MHRS provider’s MH Consumer Choice Policy during the certification process and during recertification. 3410.4 The MH Consumer Choice Policy shall comply with applicable Federal and District laws and regulations. 3410.5 Each MHRS provider shall: Make its MH Consumer Choice Policy available to consumers and their families; and Establish and adhere to a system for documenting that consumers and families receive the MH Consumer Choice Policy. 3410.6 Each CSA’s MH Consumer Choice Policy shall ensure that each consumer: Requesting MHRS directly from the CSA is informed that the consumer may choose to have MHRS provided by any of the other the certified CSAs; Enrolled in the CSA is informed that the consumer may choose to have MHRS provided by any of the certified sub-providers; and Enrolled in the CSA is informed that the consumer may choose to have MHRS provided by any of the certified specialty provider. 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 57 DCR 10392, 10393 (November 5, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 1482 (February 18, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 3476, 3477 (April 22, 2011); as amended by Final Rulemaking published at 58 DCR 8366, 8367 (September 30, 2011); as amended by Final Rulemaking published at 64 DCR 0021 (January 6, 2017)); as amended by Final Rulemaking published at 67 DCR 10674 (September 4, 2020). District of Columbia Municipal Regulations Mental Health 22-A DCMR § 3410