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Member Rights

POLICY STATEMENT: In accordance with CFR, Title 42, Section 438.100 (a), (b), and (d), Alameda County Behavioral Health Care Services/Behavioral Health Plan providers will adhere to beneficiary rights as defined therein. If a violation of beneficiary's rights occurs, an investigation will ensue by Alameda County Behavioral Health Care Services/Behavioral Health Plan's Quality Assurance Office. A listing of these rights is included in the Alameda County Behavioral Health Care Services's Member Handbook:

BENEFICIARY RIGHTS:

The Title 42, CFR, Section 438.100 beneficiary rights requiring written mental health plan policies are as follows; every beneficiary has the right to:

  • Be treated with respect and with due consideration for his or her dignity and privacy;

  • Receive information on available treatment options and alternatives, presented in a manner appropriate to his or her condition and ability to understand;

  • Participate in decisions regarding his or her health care, including the right to refuse treatment;

  • Be free from any form of restraint or seclusion used as a means of coercion, discipline, convenience, or retaliation;

  • Request and receive a copy of his or her medical records, and request that they be amended or corrected;

  • Receive information in accordance with Title 42, CFR, Sections 438.206 through 438.210, which cover requirements for availability of services, assurances of adequate capacity and services, coordination and continuity of care, and coverage and authorization of services.

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