from the Net: DISCHARGE RIGHTS
NAMHI MASSACHUSETTS
KNOW YOUR DISCHARGE PLANNING RIGHTS FROM
MASSACHUSETTS LICENSED PSYCHIATRIC UNITS!
Every patient of a locked psychiatric unit, regardless of coverage, has a right to effective and proper
discharge planning. Depending on insurance coverage, some patients may have additional discharge
planning protections. Below please find a listing of rights pertaining to hospital discharge planning.
FOR MASSHEALTH RECIPIENTS:
* The discharge professional (or the person responsible for formulating discharge plan) should
screen you within 24 hours of admission.
* Facility staff should commence discharge planning and activities within 72 working hours of
admission.
FOR MEDICARE RECIPIENTS:
* Your discharge plan, developed by your provider, must be in writing!
* Your plan must also be "individualized and comprehensive.¨ Therefore, your discharge plan must
be particular to your condition with specific treatments and goals outlined.
FOR ALL PATIENTS REGARDLESS OF INSURANCE COVERAGE:
* The Massachusetts Department of Mental Health acknowledges that facilities should make every
effort possible to avoid discharge to a shelter or onto the street. However, in situations where patients with mental illness are being released onto the street, these discharge plans should include arious recommendations and alternative resources for those patients.
* If you are 18 or older and without a legal guardian, you must give your informed consent, which involves providers informing you of the proposed course of treatment, all alternatives to that proposal, and the risks involved in accepting either the proposed course or the alternatives.
Likewise, you must provide consent to the proposed discharge plan. When a guardian had been
appointed, the guardian must provide informed consent.
* You have rights under the American Hospital Association's Patients Bill of Rights:
* "The patient has the right to make decisions about the plan of care prior to and during the
course of treatment and to refuse a recommended treatment or plan of care to the extent
permitted by law and hospital policy and to be informed of the medical consequences of
this action. In case of such refusal, the patient is entitled to other appropriate care and services that the hospital provides or transfer to another hospital. The hospital should notify patients of any policy that might affect patient choice within the institution.¨
* You should be actively involved in formulating your discharge plan and should remain in discussion with your providers to be part of the planning process.
* If you have a legal guardian, that person has a right to be involved in treatment and discharge
planning.
* If you are a minor (under age 18), a parent or other person with legal custody has the right to be
involved in treatment and discharge planning.
* If you are an adult (age 18 or over) and want a family member or other person to be involved in
your treatment planning or discharge planning, you or your legal guardian must give consent to
the facility for that person to be involved.
* In situations where healthcare proxies are involved, it may state explicitly in the healthcare proxy
document that the proxy can be involved in discharge planning. However, even when the
document does not explicitly state this, if the document states that the proxy can be involved in
general healthcare decisions, discharge planning may still be included.
WHAT TO DO IF A MEDICAL FACILITY HAS VIOLATED THESE RIGHTS:
* If you think that your rights of those of your loved one have been violated, complaints can be
made to the following entities:
o Unit staff: Since locked psychiatric units are licensed by the Massachusetts Department of
Mental Health, every psychiatric unit has to comply with the DMH complaint process
which provides that complaints may be filed with unit staff.
o Human Rights Officer: Every psychiatric unit must have a Human Rights Officer who
also must accept complaints and who can assist patients in writing complaints.
o Director of Compliance/Quality Assurance: Each facility will also have a director of
compliance/quality assurance or the equivalent. NAMI can help you find out who this
person is. You can complain to this person as well.
o If a Medicare recipient OR a MassHealth recipient, you can send a letter complaint to:
Madeleine Biondolillo, MD
Division of Health Care Quality
99 Chauncy Street
Boston, MA 02111
Additional suggestions:
File your complaints in writing if possible. Keep a copy of your complaint for yourself. Keep also the
name of the staff you filed the complaint with and the date you filed it.
Other individuals, such as family members, may file any of these types of complaints on your behalf.
IF YOU PREFER, YOU CAN ALWAYS CONTACT NAMI AND WE WILL HELP YOU WRITE
AND SEND THE APPROPRIATE COMPLAINT LETTERS.
NAMI Massachusetts
400 West Cummings Park, Suite 6650
Woburn, MA 01801-6528
(781) 938-4048