New York City.
From 2007 ACT (Assertive Community Treatment) Program Guidelines for New York State
https://www.omh.ny.gov/omhweb/act/program_guidelines.html
4.15 Rights of ACT Recipients
https://www.omh.ny.gov/omhweb/act/program_guidelines.html
4.15 Rights of ACT Recipients
- ACT recipients are entitled to the rights defined in this subdivision. A provider of ACT services shall be responsible for ensuring the protection of these rights.
- Recipients have the right to a person-centered, individualized service plan which they form in partnership with the provider.
- Recipients have the right to all information about services so they can make choices that fit their recovery.
- Participation in treatment in an outpatient program is voluntary and recipients are presumed to have the capacity to consent to such treatment. The right to participate voluntarily in and to consent to treatment shall be limited only to the extent that:
- Section 330.20 of the Criminal Procedure Law and Part 541 of Title 14 provide for court-ordered receipt of outpatient services;
- Article 81 of the Mental Hygiene Law provides for the surrogate consent of a court-appointed guardian for personal needs;
- Section 9.60 of the Mental Hygiene Law provides assisted outpatient treatment for people with mental illness who, in view of their treatment history and present circumstances, are unlikely to survive safely in the community without supervision;
- Section 33.21 of the Mental Hygiene Law provides for the surrogate consent of a parent or guardian of a minor; or
- A recipient engages in conduct that poses a risk of physical harm to self or others.
- The central goal of an individual, person-centered service plan is to formulate goals and services that the recipient chooses. The recipient will not be penalized or terminated from the program for choices with which the provider does not agree.
- The confidentiality of recipients’ clinical records shall be maintained in accordance with Section 33.13 of the Mental Hygiene Law and Federal Standards (e.g., HIPAA).
- Recipients shall be assured access to their clinical records consistent with Section 33.16 of the Mental Hygiene Law.
- Respect for recipients’ dignity and personal integrity is the cornerstone of the provider’s care and treatment.
- Recipients have the right to receive services in such a manner as to assure non-discrimination.
- Recipients have the right to be treated in a way that acknowledges and respects their cultural environment.
- Recipients have the right to a maximum amount of privacy consistent with the effective delivery of services.
- Recipients have the right to freedom from abuse and mistreatment by employees.
- Recipients have the right to be informed of the provider’s grievance policies and procedures, and to initiate any question, complaint or objection accordingly. Grievances and complaints will be addressed fully without reprisal from the provider.
- A provider of service shall provide a notice of recipients’ rights to each recipient upon admission to an ACT Program. Whenever possible, the rights will be discussed and explained in the recipient’s primary language. Such notice shall be provided in writing and posted in a conspicuous location easily accessible to the public. The notice shall include the address and telephone number of the Commission on Quality of Care for the Mentally Disabled, the nearest regional office of the Protection and Advocacy for Mentally Ill Individuals Program, the nearest chapter of the Alliance for the Mentally Ill of New York State and the Office of Mental Health.