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Individual rights specific to medicaid recipients.

(1) Medicaid recipients have general individual rights and medicaid-specific rights when applying for, eligible for, or receiving behavioral health services authorized by a behavioral health organization (BHO).
(a) General rights that apply to all individuals, regardless of whether an individual is or is not a medicaid recipient, include:
(i) All applicable statutory and constitutional rights;
(ii) The participant rights provided under WAC 388-877-0600; and
(iii) Applicable necessary supplemental accommodation services listed in chapter 388-472 WAC.
(b) Medicaid-specific rights that apply specifically to medicaid recipients include the following. You have the right to:
(i) Receive medically necessary behavioral health services, consistent with access to care standards adopted by the department in its managed care waiver with the federal government. Access to care standards provide minimum standards and eligibility criteria for behavioral health services and are available on the behavioral health administration's (BHA) division of behavioral health and recovery (DBHR) website.
(ii) Receive the name, address, telephone number, and any languages offered other than English, of behavioral health providers in your BHO.
(iii) Receive information about the structure and operation of the BHO.
(iv) Receive emergency or urgent care or crisis services.
(v) Receive post-stabilization services after you receive emergency or urgent care or crisis services that result in admission to a hospital.
(vi) Receive age and culturally appropriate services.
(vii) Be provided a certified interpreter and translated material at no cost to you.
(viii) Receive information you request and help in the language or format of your choice.
(ix) Have available treatment options and alternatives explained to you.
(x) Refuse any proposed treatment.
(xi) Receive care that does not discriminate against you.
(xii) Be free of any sexual exploitation or harassment.
(xiii) Receive an explanation of all medications prescribed and possible side effects.
(xiv) Make a mental health advance directive that states your choices and preferences for mental health care.
(xv) Receive information about medical advance directives.
(xvi) Choose a behavioral health care provider for yourself and your child, if your child is under thirteen years of age.
(xvii) Change behavioral health care providers at any time for any reason.
(xviii) Request and receive a copy of your medical or behavioral health services records, and be told the cost for copying.
(xix) Be free from retaliation.
(xx) Request and receive policies and procedures of the BHO and behavioral health agency as they relate to your rights.
(xxi) Receive the amount and duration of services you need.
(xxii) Receive services in a barrier-free (accessible) location.
(xxiii) Receive medically necessary services in accordance with the early periodic screening, diagnosis, and treatment (EPSDT) under WAC 182-534-0100, if you are twenty years of age or younger.
(xxiv) Receive enrollment notices, informational materials, materials related to grievances, appeals, and administrative hearings, and instructional materials relating to services provided by the BHO, in an easily understood format and non-English language that you prefer.
(xxv) Be treated with dignity, privacy, and respect, and to receive treatment options and alternatives in a manner that is appropriate to your condition.
(xxvi) Participate in treatment decisions, including the right to refuse treatment.
(xxvii) Be free from seclusion or restraint used as a means of coercion, discipline, convenience, or retaliation.
(xxviii) Receive a second opinion from a qualified professional within your BHO area at no cost, or to have one arranged outside the network at no cost to you, as provided in 42 C.F.R. Sec. 438.206 (b)(3)(2015).
(xxix) Receive medically necessary behavioral health services outside of the BHO if those services cannot be provided adequately and timely within the BHO.
(xxx) File a grievance with the behavioral health agency or BHO if you are not satisfied with a service.
(xxxi) Receive a notice of adverse benefit determination so that you may appeal any decision by the BHO that denies or limits authorization of a requested service, that reduces, suspends, or terminates a previously authorized service, or that denies payment for a service, in whole or in part.
(xxxii) File an appeal if the BHO fails to provide services in a timely manner as defined by the state.
(xxxiii) Request an administrative (fair) hearing if your appeal is not resolved in your favor or if the BHO does not act within the grievance or appeal process time frames described in WAC 388-877-0660 and 388-877-0670.
(xxxiv) Request services by the behavioral health ombuds office to help you file a grievance or appeal or request an administrative hearing.
(2) A behavioral health agency licensed by the division of behavioral health and recovery (DBHR) that provides DBHR-certified mental health services, DBHR-certified substance use disorder services, or both, must ensure the medicaid rights described in subsection (1)(b) of this section are:
(a) Provided in writing to each medicaid recipient, and if appropriate, the recipient's legal representative, on or before admission;
(b) Upon request, given to the medicaid recipient in an alternative format or language appropriate to the recipient and, if appropriate, the recipient's legal representative;
(c) Translated to the most commonly used languages in the agency's service area; and
(d) Posted in public areas.
[Statutory Authority: RCW 71.05.560, 71.24.035 (5)(c), 71.24.520, 71.34.380 and 42 C.F.R. 438 Subpart F, as amended in 81 Fed. Reg. 27498, May 6, 2016. WSR 17-20-006, § 388-877-0680, filed 9/21/17, effective 10/22/17. Statutory Authority: RCW 70.02.290, 70.02.340, 70.96A.040(4), 71.05.560, 71.24.035 (5)(c), 71.34.380, and 2014 c 225. WSR 16-13-087, § 388-877-0680, filed 6/15/16, effective 7/16/16.]
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