0940-05-42-.27
Service Recipients’ Rights
Cite as Tenn. Comp. R. & Regs. 0940-05-42-.27
(1)
All applications, certificates, records, reports and all legal documents, petitions and records
made or information received pursuant to treatment in a Facility directly or indirectly
identifying a service recipient shall be kept confidential and shall not be disclosed by any
person except the individual identified.
(2)
Nothing in this rule shall prohibit disclosure, upon proper inquiry, of information as to the
current medical condition of a service recipient to any member of the Facility or to the service
recipient’s relatives or friends in accordance with T.C.A. § 33-3-103; Health Insurance
Portability and Accountability Act of 1996 (HIPAA) regulations at 45 C.F.R. Parts 160 and
164, Subparts A and E; and Confidentiality of Alcohol and Drug Abuse Service Recipient
Records regulations at 42 C.F.R. Part 2.
(3)
Service recipients shall not be abused or neglected.
(4)
Facilities shall develop and implement written policies and procedures regarding the rights
and responsibilities of service recipients under Rules 0940-05-06-.07 and 0940-05-06-.08
and the handling and resolution of complaints.
(5)
Other service recipient rights include:
(a)
Right to a humane treatment environment that affords reasonable protection from
harm, exploitation, and coercion;
(b)
Right to be informed about the ITP and to participate in the planning, as able;
MINIMUM PROGRAM REQUIREMENTS FOR NON-RESIDENTIAL
CHAPTER 0940-05-42
OPIOD TREATMENT PROGRAM FACILITIES
(c)
Right to be promptly and fully informed of any changes in the plan of treatment;
(d)
Right to accept or refuse treatment;
(e)
Right to receive a written notice of the address and telephone number of the state
licensing authority, the department; and
(f)
Right to obtain from the Facility, upon written request, a copy of the Facility’s most
recent completed report of licensing compliance inspection. The Facility is not required
to release a report until the Facility has had the opportunity to file a written plan of
compliance for any violations as provided for in these rules.
(6)
The written policies and procedures shall include provisions for service recipients and others
to present complaints, either orally or in writing, and to have their complaints addressed and
resolved as appropriate in a timely manner.