RESIDENT RIGHTS.
ColumbiaCare is committed to protecting the rights of our residents. We, as the developer and provider of residential care, play an extremely important role in ensuring that our residents are given the opportunity to live and receive treatment in an environment free from discrimination, intimidation, and harassment. We deliver services according ColumbiaCare’s Treatment Philosophy and according to the law, both of which set important parameters and support our belief that our residents are human beings entitled to the most basic personal rights such as dignity, safety, privacy, fair treatment, and appropriate services. We hope that by providing information on this subject, we will not only help protect our resident’s rights, but also help citizens gain understanding on this very important subject. We deliver services with the following understanding:
1. OUR RESIDENTS HAVE RIGHTS AS HUMAN BEINGS. Our residents are human beings with the same personal right to dignity, safety, fair treatment, and appropriate services. ColumbiaCare Service’s treatment philosophy is guided by the research and insights of Abraham Maslow and Victor Frankl. Maslow (Motivation and Personality, 1954) described the hierarchy of needs that humans have, building from simply staying alive, to feeling safe, to being social, to contributing to society, to personal growth and fulfillment (self-actualization). Frankl (Man’s Search for Meaning, 1984) convincingly demonstrated that persons survive, and ultimately thrive, only when they have meaning in their lives.
2. OUR RESIDENTS HAVE RIGHTS TO AN APPROPRIATE LEVEL OF SERVICE. The right to receive the appropriate level of treatment in the appropriate treatment setting is crucial to the health and well-being of our residents. We believe that residential treatment programs provide important “step-down” opportunities and help create a full continuum of care. In addition to being an essential “touchstone” of our organization’s treatment philosophy and ethical position, it is supported by relevant case law. Probably the most well known is Olmstead v. L.C. 527 US 581 (1999), the Supreme Court decision which resulted in the development of Olmstead Plans that are recognized in some form, in every state.
States are required to place persons with mental disabilities in community settings rather than in institutions when the State's treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities.
3. OUR RESIDENTS HAVE RIGHTS AS INDIVIDUALS WITH A DISABILITY. Due to the fact that our residents have a disability, they are also protected under the Americans with Disability Act (42 U.S.C. Sect. 1201 et seq). Meaning of Disability. “Disability” means an individual with a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment (42 U.S.C. Sect.12102(2).
Anti-Discrimination Mandate. “Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” (42 U.S.C. Sect. 12132)
Congressional Findings. “Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive problem.” (42 U.S.C. Sect. 1210(a)(2) “Discrimination against individuals with disabilities persists in such critical areas as…institutionalization….” (42 U.S.C. Sect. 12101(a)(3) “Individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion,…[and] segregation…” 42 U.S.C. Sect. 12101(a)(5)
Integration Regulation. ”A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.” 28 CFR Sect. 35.130(d) (1998) The “most integrated setting appropriate to the needs of qualified individuals with disabilities” means “a setting that enables individuals with disabilities to interact with non-disabled persons to the fullest extent possible.” (28 CFR pt. 35, App. A, p. 450 (1998)
4. OUR RESIDENTS HAVE RIGHTS TO FAIR HOUSING. Federal Fair Housing Law is very clear about protections for our residents. It prohibits the discrimination on the basis of race, color, religion, sex, disability, familial status and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.
5. OUR RESIDENTS HAVE RIGHTS TO PRIVACY. The Health Insurance Portability and Accountability Act of 1996 is the first-ever federal privacy standards to protect patients’ medical records and other health information provided to health plans, doctors, hospitals and other health care providers, which took place on April 14, 2003. They represent a uniform, federal floor of privacy protections for consumers across the country. ColumbiaCare safeguards our residents’ Protected Health Information (PHI), which consists of individually identifiable information, such as: Name, Social Security Number, Birthdate, Geographical Location, Phone Numbers, Email Addresses, Full Facial Photographs; and any Medical Record Dates or Information Related to Treatment (admission, discharge, dates of treatment, etc.) In order to maintain compliance with United States HIPAA, ColumbiaCare follows standards and procedures which all employees will refer to in order to maintain this compliance.
1. OUR RESIDENTS HAVE RIGHTS AS HUMAN BEINGS. Our residents are human beings with the same personal right to dignity, safety, fair treatment, and appropriate services. ColumbiaCare Service’s treatment philosophy is guided by the research and insights of Abraham Maslow and Victor Frankl. Maslow (Motivation and Personality, 1954) described the hierarchy of needs that humans have, building from simply staying alive, to feeling safe, to being social, to contributing to society, to personal growth and fulfillment (self-actualization). Frankl (Man’s Search for Meaning, 1984) convincingly demonstrated that persons survive, and ultimately thrive, only when they have meaning in their lives.
2. OUR RESIDENTS HAVE RIGHTS TO AN APPROPRIATE LEVEL OF SERVICE. The right to receive the appropriate level of treatment in the appropriate treatment setting is crucial to the health and well-being of our residents. We believe that residential treatment programs provide important “step-down” opportunities and help create a full continuum of care. In addition to being an essential “touchstone” of our organization’s treatment philosophy and ethical position, it is supported by relevant case law. Probably the most well known is Olmstead v. L.C. 527 US 581 (1999), the Supreme Court decision which resulted in the development of Olmstead Plans that are recognized in some form, in every state.
States are required to place persons with mental disabilities in community settings rather than in institutions when the State's treatment professionals have determined that community placement is appropriate, the transfer from institutional care to a less restrictive setting is not opposed by the affected individual, and the placement can be reasonably accommodated, taking into account the resources available to the State and the needs of others with mental disabilities.
3. OUR RESIDENTS HAVE RIGHTS AS INDIVIDUALS WITH A DISABILITY. Due to the fact that our residents have a disability, they are also protected under the Americans with Disability Act (42 U.S.C. Sect. 1201 et seq). Meaning of Disability. “Disability” means an individual with a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment (42 U.S.C. Sect.12102(2).
Anti-Discrimination Mandate. “Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” (42 U.S.C. Sect. 12132)
Congressional Findings. “Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive problem.” (42 U.S.C. Sect. 1210(a)(2) “Discrimination against individuals with disabilities persists in such critical areas as…institutionalization….” (42 U.S.C. Sect. 12101(a)(3) “Individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion,…[and] segregation…” 42 U.S.C. Sect. 12101(a)(5)
Integration Regulation. ”A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.” 28 CFR Sect. 35.130(d) (1998) The “most integrated setting appropriate to the needs of qualified individuals with disabilities” means “a setting that enables individuals with disabilities to interact with non-disabled persons to the fullest extent possible.” (28 CFR pt. 35, App. A, p. 450 (1998)
4. OUR RESIDENTS HAVE RIGHTS TO FAIR HOUSING. Federal Fair Housing Law is very clear about protections for our residents. It prohibits the discrimination on the basis of race, color, religion, sex, disability, familial status and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.
5. OUR RESIDENTS HAVE RIGHTS TO PRIVACY. The Health Insurance Portability and Accountability Act of 1996 is the first-ever federal privacy standards to protect patients’ medical records and other health information provided to health plans, doctors, hospitals and other health care providers, which took place on April 14, 2003. They represent a uniform, federal floor of privacy protections for consumers across the country. ColumbiaCare safeguards our residents’ Protected Health Information (PHI), which consists of individually identifiable information, such as: Name, Social Security Number, Birthdate, Geographical Location, Phone Numbers, Email Addresses, Full Facial Photographs; and any Medical Record Dates or Information Related to Treatment (admission, discharge, dates of treatment, etc.) In order to maintain compliance with United States HIPAA, ColumbiaCare follows standards and procedures which all employees will refer to in order to maintain this compliance.