Regulation detail

Pa. Code 5230.41

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Pa. Code 5230.41 active

PRS statement of rights

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
OUTPATIENT (40%)
Plain-English summary

This section establishes the statement of rights for individuals receiving Peer Recovery Support (PRS) services in Pennsylvania, requiring PRS agencies to ensure clients are treated with dignity, receive services in a nondiscriminatory and least-restrictive setting, and have access to complaint procedures and confidentiality protections. PRS agencies must post the statement of rights, notify individuals verbally and in writing, obtain signed acknowledgements, and develop written compliance procedures. As a section within Chapter 5230 governing PRS agencies licensed by OMHSAS and DDAP, these requirements apply to peer recovery support service providers.

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Regulation text
55 Pa. Code § 5230.41 - PRS statement of rights 

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(a)
 An
 individual has the right to be treated with dignity and respect and to be free
 from physical and mental harm.

(b)

 An individual has the right to receive PRS in a culturally respectful and
 nondiscriminatory environment.

(c)

 An individual has the right to receive PRS in the least restrictive setting
 that fosters recovery and promotes growth.

(d)
 An individual has the right to access
 competent, timely and quality service to assist with fulfillment of a
 goal.

(e)
 An individual has the
 right to express a goal which is individualized and reflects informed choice
 concerning selection, direction or termination of service and service
 plan.

(f)
 An individual has the
 right to choose a service based on individual need, choice and acceptance and
 not dependent on compliance or participation with another treatment or
 rehabilitation service.

(g)
 An
 individual has the right to keep and use personal possessions in a manner that
 is reasonable to the service and location. Any necessary limitations shall be
 clearly communicated and defined, universally applied and documented.

(h)
 An individual has the right to offer an
 opinion and belief.

(i)
 An
 individual has the right to file a complaint related to PRS and to have the
 complaint addressed.

(j)
 An
 individual has the right to have the assistance of a personally chosen
 representative or advocate in expressing a complaint.

(k)
 An individual has the right to be able to
 contribute to, have access to, and control release of the individual
 record.

(l)
 An individual has the
 right to have information and records concerning service treated in a
 confidential manner, as required under the Health Insurance Portability and
 Accountability Act of 1996 (
Pub. L. No. 
104-191
, 110 Stat.
 1936).

(m)
 A PRS agency shall: 
 
(1)
 Assure compliance with the PRS statement
 of rights.

(2)
 Develop and
 implement a written procedure for assuring compliance with the PRS statement of
 rights.

(3)
 Post the PRS statement
 of rights within the PRS facility.

(4)
 Notify an individual verbally and in
 writing and include a signed acknowledgement of rights in the individual
 record.

(5)
 Develop the IRP in
 compliance with individual rights.

Notes

55

 Pa. Code §
 
5230.41

This section cited in 55 Pa. Code §
 
5230.13
 (relating to agency
 records); and 55 Pa. Code §
 
5230.21
 (relating to content of
 individual record).

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