CLIENT RIGHTS COMMITTEE

CLIENT RIGHTS COMMITTEE

The Governing Board of The Ship Group Community Services shall bear ultimate responsibility for the assurance of Client Rights.

These rules, 10A NCAC 27C, 27D, 27E, and 27F, set forth procedures governing the protection of Client Rights in each public or private agency that provides mental health, developmental disabilities and substance abuse services, with the exception of a state operated agency. In addition to those rules, the governing body shall comply with the provisions of GS 122C Article 3, regarding Client Rights.

Each area board will establish at least one Client Rights Committee, and may require that the governing body of a contract agency also establish a Client Rights Committee. The area board policy delineates:

• Composition, size, and method of appointment of committee members

(The committee shall consist of an agency supervisor and/or consumer, family members of all disabilities served. The appointee will be sent an invitation requesting their presence to sit in on the Client Rights Committee.) With acceptance comes orientation and training about the system, to include confidentiality. A portion of this training will explain the rules of conduct for meetings and voting procedures.

• Training and orientation of committee members

• Frequency of meetings shall be quarterly (at least)

• Rules of conduct for the meetings and voting procedures to be followed

• Procedures for monitoring the effectiveness of existing and proposed methods and procedures for protecting Client Rights;

• If applicable to the program, requirements for routine reports to the area board regarding seclusion, restraint, and isolation time out (The Ship Group Community Services Care programs do not participate in seclusion or restraint practices); and

• Other operating procedures

The area board-established Client Rights Committee shall oversee (for area-operated and area-contracted services) implementation of the following Client Rights protections:

• Compliance with GS 122C, Article 3;

• Compliance with the provisions of 10A NCAC 27C, 27D, 27E, and 27F governing the protection of client rights, and 10A NCAC 26B governing confidentiality;

• Establishment of a review procedure for any of the following which may be brought by a client, client advocate, parent, legally responsible person, staff or others:

▪ Client grievances

▪ Alleged violations of the rights of individuals or groups, including cases of alleged abuse, neglect, and/or exploitation

▪ Concerns regarding the use of restrictive procedures; or

▪ Failure to provide needed services that are available through the area program

Nothing herein stated shall be interpreted to preclude or take over the authority of a county Department of Social Services to conduct an investigation of abuse, neglect, or exploitation or the authority of the Governor’s Advocacy Council for Persons with Disabilities to conduct investigations regarding alleged violations of client rights.

*Note: North Carolina Governor's Advocacy Council for Persons with Disabilities was the Protection & Advocacy System for North Carolina until the Protection & Advocacy System was re-designated to Carolina Legal Assistance (CLA), effective July 1, 2007.

1314 Mail Service Center

Raleigh, North Carolina 27699-1314

United States

Telephone: 800-821-6922.

TT: 888-268-5535. 

Fax: 919-733-9173.

Web: http://www.gacpd.com/. 

Email: GACPD@ncmail.net.

If the area board requires a contract agency to establish a Client Rights Committee, that Committee shall carry out the provisions of this rule for the contract agency.

Each Client Rights Committee shall be composed of a majority of non-area board members, with a reasonable effort made to have all applicable disabilities represented, with consumer and family member representation. If any agency staff member serves on the committee, they shall not be voting members.

The Client Rights Committee shall maintain minutes of its meetings and shall file at least an annual report of its activities with the area board. Clients shall not be identified by name in minutes or in written or oral reports.

The area board Client Rights Committee shall review grievances regarding incidents that occur within a contract agency after the governing board of the agency has reviewed the incident and has had an opportunity to take action. Incidents of actual or alleged client rights violations, the facts of the incident, and the action, if any, made by the contract agency shall be reported to the area director within 30 days of the initial report of the incident and to the area board within 90 days of the initial report of the incident.

INCIDENT RESPONSE REQUIREMENTS FOR CATEGORIES A AND B PROVIDERS

Category A and B providers shall respond to level I, II, or III incidents by:

• Attending to the health and safety needs of individuals involved in the incident

• Determining the cause of the incident

• Developing and implementing corrective measures

• Developing and implementing measures to prevent similar incidents

• Assigning person(s) to be responsible for implementation of the corrections and preventative measures; and

• Maintaining documentation regarding Subparagraphs (a)(1) THROUGH (a)(5) of this Rule

• In addition to the requirements set forth in Paragraph (a) of this Rule, Category A and B providers shall respond to a level III incident that occurs while the client is in the care of a provider or on the provider’s premises by:

• Obtaining the client record

• Making a photocopy

• Certifying the copy’s completeness; and

• Transferring the copy to a peer review team

• Convening a meeting of a peer review team within 24 hours of the incident. The peer review team shall:

• Review the copy of the client record as specified in Subparagraph (b)(1) of this Rule;

• Gather other information needed; and

• Issue a report concerning the incident to the provider and the client’s home area authority or county program to facilitate the monitoring of the services as required by GS 122C-111 and other State statutes; and

• Immediately notifying the following:

• The area authority or county program responsible for the catchment area where the services are provided pursuant to Rule .0604;

• The client’s legal guardian or as applicable; and

• Any other authorities required by law.

AREA AUTHORITY OF COUNTY PROGRAM RESPONSE TO COMPLAINT

Category A and B providers shall report a level II or III incident to the area authority of county program responsible for the catchment area where the services are provided within 72 hours of the incident. The report shall be submitted on a form provided by the Secretary. The report may be submitted via mail, in person, facsimile, or other electronic means. The report shall include the following information:

• Reporting provider contact and identification information

• Client identification information

• Type of incident

• Description of incident

• Status of the effort to determine the cause of the incident; and

• Other individuals or authorities notified or responding

Category A and B providers shall explain any missing or incomplete information. By the end of the next business day, the provider shall update the report by;

            • Notifying the area authority or county program when it has reason to believe that information provided in the report may be erroneous, misleading or otherwise unreliable; and

Category A and B providers shall submit upon request by the area program or county program, other information obtained regarding the incident; including;

• Hospital records including confidential information

• Reports by other authorities; and

• The provider’s response to the incident

Category A and B providers shall send a report quarterly to the area authority or county program. The report shall be submitted on a form provided by the Secretary via electronic means and shall include summary information as follows:

• Medication errors that do not meet the definition of a level II or III incident

• Searches of a client

• Seizures of client property or property in the possession of a client

Category A and B providers shall send a copy of all level III incident reports to DFS and DMH/DD/SAS immediately upon receipt of the report.

COMPLAINTS PERTAINING TO CATEGORY A OR B PROVIDERS

The Ship Group Community Services will submit a plan of correction to the area authority or county program for each issue requiring correction identified in the report. The plan of correction will be submitted to the area authority or county program within 10 days, unless otherwise specified, of the date the provider receives the complaint investigation report. The corrective actions shall not exceed 60 days from the date of the complaint investigation report.