Health Solutions wants to inform you of your rights and responsibilities. Copies of these rights and responsibilities may be requested in other languages. Please review carefully.
You (or, where appropriate, your designated client representative) have the right to:
1. Receive safe care and services in the least restrictive setting, subject to available funding.
2. Have an individualized service plan and the right to participate in the development and subsequent changes.
3. Review the clinical record, as allowed by law.
4. Designate a representative(s), verbally or in writing, to represent your interests in matters related to grievances.
5. Have access to a representative within Health Solutions who provides assistance to file a grievance.
6. Be informed by Health Solutions that there will be no retaliation against you for exercising your rights.
7. Participate in all decisions involving your care or treatment.
8. Be informed about whether Health Solutions is participating in teaching programs and to provide informed consent prior to being included in any clinical trials related to your care.
9. Refuse any drug, test, procedure, or treatment and to be informed of the risks and benefits of this action.
10. Receive care and treatment, in compliance with state statute, that is respectful, recognizes your dignity, cultural values, and religious beliefs, and provides for personal privacy to the extent possible during the course of treatment.
11. Be informed of, at minimum, the first names, professional status, and experience of the staff that are providing care or treatment to you.
12. Receive, upon request:
a. Prior to initiation of non-emergent care or treatment, the estimated average charge to you. This information shall be presented to you in a manner that is consistent with all state and federal laws and regulations.
b. Health Solutions’ general billing procedures.
c. An itemized bill that identifies treatment and services by date. The itemized bill shall enable you to validate the charges for items and services provided and shall include contact information, including a telephone number for billing inquiries. The itemized bill shall be made available either within 10 business days of the request, or 30 days after discharge, or 30 days after the service is rendered – whichever is later.
13. Give informed consent for all treatment and procedures. It is the responsibility of the licensed independent practitioner and other service providers to obtain informed consent for procedures that they provide to you.
14. Register disputes with Health Solutions and grievances with the Behavioral Health Administration (BHA) and to be informed of the procedures for registering complaints, including contact information.
15. Be free of abuse and neglect.
16. Be free from the improper application of restraints or seclusion. (Health Solutions does not use restraints or seclusion.)
17. Expect that Health Solutions can meet the identified and reasonably anticipated care, treatment, and service needs of clients.
18. Receive care delivered by Health Solutions in accordance with your needs.
19. Have the confidentiality of your individual records maintained. Heath Solutions must comply with all applicable state and federal laws and regulations for release of information including but not limited to 42 C.F.R. Part 2, Section 27- 65-123, C.R.S. and Health Insurance Portability and Accountability Act of 1996 (HIPAA.)
a. The following exceptions may be authorized by state or federal law:
1. Internal agency communication
2. Data that contains no identifying information
3. When the client (or parent/guardian) signs a written Release of Information
4. Qualified service organization agreements
5. Medical emergency
6. If a client is an immediate danger to self or others, or is gravely disabled
7. State and Federal audits of charts
8. By court order
9. If a crime is committed against agency staff or on agency premises
10. Reporting of suspected child abuse or neglect
20. Be notified if referrals to other providers are entities in which Health Solutions has a financial interest.
21. Formulate advance directives and have Health Solutions comply with such directives, as applicable and in compliance with applicable state statutes (for clients 18 years of age or older.)
22. Request that an in-network healthcare provider provide services at an in-network facility or agency if available.
23. Receive continuing care by the same practitioner, whenever possible.
24. Be informed regarding the level of emergency services provided by Health Solutions, and how to access those services.
a. If Health Solutions does not provide emergency services, it shall provide you with information on how emergency services should be accessed.
Rights of Children and Adolescents
In addition to the individual rights for adults, youth who are fifteen (15) years of age or older, with or without the consent of a parent or legal guardian, have the right to:
1. Consent to receive behavioral health services from an agency or a professional person;
2. Consent to voluntary hospitalization;
3. Object to hospitalization and to have that objection reviewed by the court under the provision of Section 27-65-103, and;
4. Consent to release information.
A youth who is twelve (12) years of age or older, with or without the consent of the youth’s parent or legal guardian, has the right to consent to psychotherapy services if the youth is knowingly and voluntarily seeking such services and the provision of psychotherapy services is clinically indicated and necessary to the youth’s well-being.
Behavioral health facilities must obtain parental or legal guardian consent for youth under twelve (12) years of age. Youth who are under the age of fifteen (15) have the right to object to hospitalization and to have a guardian ad litem appointed. Parents or legal guardians of a minor child have the right to request to view and/or obtain a copy of the clinical record of a minor.
Parents or legal guardians shall be contacted without the youth’s written consent if:
1. The individual presents as a danger to self or others; or,
2. Essential medical information is necessary for parents or legal guardians to make informed medical decisions on behalf of youth.
Client Responsibilities
You have the responsibility to:
1. Understand your rights.
2. Treat other clients, your providers, and staff with respect.
3. Choose a provider from your plan network or call your insurance carrier if you want to see a different provider.
4. Pay for services you get that are not covered by your insurance.
5. Tell your provider if you have other insurance or family or address changes.
6. Ask questions when you do not understand or want to learn more.
7. Tell your provider information they need to care for you, such as your symptoms.
8. Take medications as prescribed and tell your provider about side effects or if your medications are not helping.
9. Invite people who will be helpful and supportive to you to be included in your treatment.
10. Learn about your health benefits and how to use them.
11. Follow your treatment plan.
12. Be responsible for your actions if you refuse treatment or do not follow your treatment plan.
13. Tell your provider if you do not understand your treatment plan.
14. Go to your appointments on time or call your provider if you will be late or cannot keep your appointment.
15. Be respectful of other clients’ personal property and that of other persons in the facility.
Health Solutions Responsibilities
1. Health Solutions shall develop and implement policies and procedures that prevent, detect, investigate, and respond to incidents of abuse or neglect.
a. Prevention includes but is not limited to, adequate staffing to meet the needs of clients, screening employees for records of abuse and neglect, and protecting clients from abuse during investigation of allegations.
b. Detection includes but is not limited to, establishing a reporting system and training employees regarding identifying, reporting, and intervening in incidences of abuse and neglect.
c. Health Solutions shall investigate, in a timely manner, all allegations of abuse or neglect and implement corrective actions in accordance with such investigations.
2. Health Solutions shall post individual rights in prominent places frequented by individuals receiving services.
3. Health Solutions shall provide you with written documentation of these rights.
Client Advocate and Complaints/Grievances
Health Solutions shall provide a representative to serve as an advocate for you. This representative shall assist you in writing grievances or filing formal complaints. You shall be informed of your rights, and of the process to make complaints about your care.
To make a complaint about any aspect of the treatment services provided by Health Solutions, contact the Health Solutions Client Advocate at 41 Montebello Rd. Pueblo, Colorado 81001, (719) 423-1381. The Client Advocate will:
1. Take a verbal complaint in writing and read it back to the person making the complaint for their approval.
2. Contact the appropriate program or unit to have the complaint investigated.
3. Consider the results of the investigation and make an appropriate disposition of the complaint.
4. Notify the person who made the complaint of the disposition of their complaint.
Filing a complaint will in no way affect the services provided to you and we will not retaliate against you for filing a complaint. If you disagree with the decision made by the Client Advocate, you can contact the Behavioral Health Administration at (303) 866-3275 or by email at cdhs_clientservices@state.co.us. Medicaid members may also call Health Colorado at 1-888-502-4185 for a second-level review.
Complaints may also be made to:
• Behavioral Health Administration at (303) 866-3275 or by email at cdhs_clientservices@state.co.us.
• Health Colorado, Inc.: Community Outreach Manager, 10855 Hidden Pool Heights, Suite 260, Colorado Springs, CO 80908, (888) 502-4185, healthcolorado@carelon.com.
• Colorado Department of Health and Environment Complaints: https://cdphe.colorado.gov/health-facilities-complaints
• Department of Regulatory Agencies: The State Grievance Board, 1560 Broadway, Suite 1350, Denver, CO 80202, (303) 894-7800, https://dpo.colorado.gov/FileComplaint/Docs
• Department of Regulatory Agencies: Colorado Civil Rights Division: dora_ccrd@state.co.us, https://socgov07-site.secure.force.com/ColoradoCivilRights/
• State Opioid Treatment Authority: Ryan Mueller, M.Ed., LPC, LAC, (720) 215-8384, 710 S. Ash St. C140, Denver, CO 80246, Ryan.Mueller@state.co.us
If you feel we have violated your rights, you may contact the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, by calling 1-877-696-6775 or by visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.