Florida Regulations 65D-30.0045: Rights of Individuals
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(1) Individual Rights. Individuals applying for or receiving services for substance use disorders are guaranteed the protection of fundamental human, civil, constitutional, and statutory rights, including those specified in subsections 397.501(1)-(10), F.S.
(a) Provisions. Basic individual rights shall include:
1. Provisions for informing the individual, family member, or authorized guardian of their rights and responsibilities, assisting in the exercise of those rights, and an accessible grievance system for resolution of conflicts;
2. Provisions assuring that a grievance may be filed for any reason with cause;
3. The prominent posting of notices informing individuals of the grievance system;
4. Access to grievance submission forms;
5. Education of staff in the importance of the grievance system and individual rights;
6. Specific levels of appeal with corresponding time frames for resolution;
7. Timely receipt of a filed grievance;
8. The logging and tracking of filed grievances until resolved or concluded by actions of the provider’s governing board;
9. Written notification of the decision to the appellant; and
10. Analysis of trends to identify opportunities for improvement.
(b) Providing Information to Affected Parties. Notification to all parties of these rights shall include affirmation of an organizational non-relationship policy that protects a party’s right to file a grievance or express their opinion and invokes applicability of state and federal protections. Providers shall post the number of the abuse hotline, Disability Rights Florida, and the regional Office of Substance Abuse and Mental Health in a conspicuous place within each facility and provide a copy to each individual receiving services.
(c) Implementation of Individual Rights Requirements by Department of Corrections and Department of Management Services. In lieu of the requirements of this subsection, the rights of individuals in Substance Abuse Programs:
1. Operated by the Department of Corrections shall be protected by the policies and procedures established by the Department of Corrections.
2. Under contract with the Department of Management Services shall be protected by the terms of the contract.
(2) Individual Employment. Providers shall ensure that all work performed on behalf of the provider by an individual receiving services is voluntary, justified by the treatment plan, and that all wages, if any, are in accordance with applicable wage and disability laws and regulations.
Rulemaking Authority Florida Statutes § 397.321(5). Law Implemented 397.321, 397.4014, 397.410, 397.501 FS. History-New 8-29-19.
Terms Used In Florida Regulations 65D-30.0045
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
1. Provisions for informing the individual, family member, or authorized guardian of their rights and responsibilities, assisting in the exercise of those rights, and an accessible grievance system for resolution of conflicts;
2. Provisions assuring that a grievance may be filed for any reason with cause;
3. The prominent posting of notices informing individuals of the grievance system;
4. Access to grievance submission forms;
5. Education of staff in the importance of the grievance system and individual rights;
6. Specific levels of appeal with corresponding time frames for resolution;
7. Timely receipt of a filed grievance;
8. The logging and tracking of filed grievances until resolved or concluded by actions of the provider’s governing board;
9. Written notification of the decision to the appellant; and
10. Analysis of trends to identify opportunities for improvement.
(b) Providing Information to Affected Parties. Notification to all parties of these rights shall include affirmation of an organizational non-relationship policy that protects a party’s right to file a grievance or express their opinion and invokes applicability of state and federal protections. Providers shall post the number of the abuse hotline, Disability Rights Florida, and the regional Office of Substance Abuse and Mental Health in a conspicuous place within each facility and provide a copy to each individual receiving services.
(c) Implementation of Individual Rights Requirements by Department of Corrections and Department of Management Services. In lieu of the requirements of this subsection, the rights of individuals in Substance Abuse Programs:
1. Operated by the Department of Corrections shall be protected by the policies and procedures established by the Department of Corrections.
2. Under contract with the Department of Management Services shall be protected by the terms of the contract.
(2) Individual Employment. Providers shall ensure that all work performed on behalf of the provider by an individual receiving services is voluntary, justified by the treatment plan, and that all wages, if any, are in accordance with applicable wage and disability laws and regulations.
Rulemaking Authority Florida Statutes § 397.321(5). Law Implemented 397.321, 397.4014, 397.410, 397.501 FS. History-New 8-29-19.