5122-26-17 Accessibility, availability, appropriateness, and acceptability of services.

(A) Provider services shall be accessible, available, appropriate and acceptable to the persons served.

(B) Minimum criteria for accessibility of services shall include but not be limited to:

(1) Evening or weekend hours to meet the needs of persons receiving services;

(2) Compliance with relevant federal and state regulations, including "section 504" of the "Rehabilitation Act of 1973" ( 29 U.S.C. Section 794 et seq.); and

(3) Geographical access to services for persons served.

(C) Minimum criteria for availability of services shall include, but not be limited to:

(1) Coordinating discharge planning and mental health services for persons leaving state operated inpatient settings and participating in discharge planning for persons leaving private psychiatric inpatient settings and referred to the provider;

(2) Assuring continuity of care for persons discharged from psychiatric inpatient settings and referred to the provider through the provision of necessary services as determined by the provider in consultation with the person served and the referral source. Such necessary services shall be provided upon discharge whenever possible and no later than two weeks post discharge if it has been concluded that these services are required within two weeks;

(3) Providing assistance, as appropriate according to the person's needs, at no additional cost to persons served, to persons requesting or receiving services, and their families or significant others, who speak a language other than standard English as a primary means of communication, or who are individuals with a communication barrier, such as deafness or hearing impairment. Such assistance shall include availability of appropriate telecommunication relay services (TRS). A TRS is a telephone service that allows persons with hearing or speech disabilities to place and receive telephone calls, such services include but are not limited to text to speech relay and signing to speech relay. In situations when a client expresses a preference to communicate by use of a particular type of TRS, then the agency shall ensure one is available at the provider.

Other assistance to be provided according to the needs of persons served shall apply to all forms of communication and shall include:

(a) Interpreters fluent in the first vernacular language of the person served, and with demonstrated ability or certification;

(b) Services provided by a professional who is able to communicate in the same vernacular language as the person served; and

(c) Referral to a service that provides interpreters.

(4) Providing culturally sensitive and responsive treatment planning and service delivery; and

(5) Addressing addiction and mental health service needs of the relevant community as described in the community plan of the board.

(D) Minimum criteria for acceptability of services shall include, but not be limited to:

(1) Sensitivity to ethnic and cultural differences among people;

(2) Promoting freedom of choice among therapeutic alternatives for the person receiving services; and

(3) Provision that no person served shall be denied access to mental health or alcohol or other drug services soley based on their refusal to accept any specific service component recommended by the provider, consistent with prevailing standards of care unless participation is required for clear treatment reasons, e.g, a patient who declines medication treatment shall not be denied other aspects of care such as counseling or case management unless participation in medication assistted treatment is required for clear treatment reasons.

(E) Minimum criteria for appropriateness of services shall include, but not be limited to:

(1) Provision of services in the least restrictive setting;

(2) Delivery of service in the natural environment of the person receiving services as appropriate;

(3) Continuity of therapeutic relationships;

(4) Perceived needs of the person receiving services; and

(5) Culturological assessment.

(F) Minimum criteria for appropriateness of services for persons with a severe mental disability, children with severe emotional disturbance, or persons with substance use concerns shall also include referral to other systems or organizations to meet identified needs if the provider does not provide such services.

(G) The provider shall review annually the effectiveness of its efforts to ensure accessibility, availability, appropriateness, and acceptability of services.

Effective: 4/1/2016
Five Year Review (FYR) Dates: 06/29/2015 and 04/01/2021
Promulgated Under: 119.03
Statutory Authority: 5119.36
Rule Amplifies: 5119.36
Prior Effective Dates: 1/1/1991; 10/1/1993, 2/17/2012