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CONSUMER RIGHTS

Under WAC 388-877-0680
1b) Medicaid-specific rights that apply specifically to Medicaid recipients include the following. You have the right to:

  • (i) Receive medically necessary behavioral health services, consistent with access to care standards adopted by the department in its managed care waiver with the federal government. Access to care standards provide minimum standards & eligibility criteria for behavioral health services & are available on the behavioral health administration's (BHA) division of behavioral health and recovery (DBHR) website.
  • (ii) Receive the name, address, telephone number, and any languages offered other than English, of behavioral health providers in your BHO.
  • (iii) Receive information about the structure and operation of the BHO.
  • (iv) Receive emergency or urgent care or crisis services.
  • (v) Receive post-stabilization services after you receive emergency or urgent care or crisis services that result in admission to a hospital.
  • (vi) Receive age and culturally appropriate services.
  • (vii) Be provided a certified interpreter and translated material at no cost to you.
  • (viii) Receive information you request and help in the language or format of your choice.
  • (ix) Have available treatment options and alternatives explained to you.
  • (x) Refuse any proposed treatment.
  • (xi) Receive care that does not discriminate against you.
  • (xii) Be free of any sexual exploitation or harassment.
  • (xiv) Make a mental health advance directive that states your choices and preferences for mental health care.
  • (xv) Receive information about medical advance directives.
  • (xvi) Choose a behavioral health care provider for yourself or your child, if your child is under thirteen years of age.
  • (xvii) Change behavioral health care providers at any time for any reason.
  • (xviii) Request and receive a copy of your medical or behavioral health services records, and be told the cost of copying.
  • (xix) Be free from retaliation.
  • (xx) Request and receive policies and procedures of the BHO and behavioral health agency as they relate to your rights.
  • (xxi) Receive the amount and duration of services you need.
  • (xxii) Receive services in a barrier-free (accessible) location.
  • (xxiii) Medically necessary services in accordance with the early periodic screen, diagnosis and treatment (EPSDT) under WAC 182-534-0100, if you are twenty years of age or younger.
  • (xxiv) Receive enrollment notices, informational materials, materials related to grievances, appeals, and administrative hearings, and instructional materials relating to services provided by the BHO, in an easily understood format and non-English language that you prefer.
  • (xxv) Be treated with dignity, privacy, and respect, and to receive treatment options and alternatives in a manner that is appropriate to your condition.
  • (xxvi) Participate in treatment decisions, including the right to refuse treatment.
  • (xxvii) Be free from seclusion or restraint used as a means of coercion, discipline, convenience, or retaliation.
  • (xxviii) A second opinion from a qualified professional within your BHO area at no cost, or to have one arranged outside the network at no cost to you, as provided in 42. C.F.R.§ 438.206(3).
  • (xxix) Receive medically necessary behavioral health services outside of the BHO if those services cannot be provided adequately and timely within the BHO.
  • (xxx) File a grievance with the BHO if you are not satisfied with a service.
  • (xxxi) Receive a notice of action so that you may appeal any decision by the BHO that denies or limits authorization of a requested service, that reduces, suspends, or terminates a previously authorized service, or that denies payment for a service, in whole or in part.
  • (xxxii) File an appeal if the BHO fails to provide services in a timely manner as defined by the state, or act within the timeframes provided in 42 C.F.R. § 438.408(b).
  • (xxxiii) Request an administrative (fair) hearing if your grievance or appeal is not resolved in your favor.
  • (xxxiv) Services by the behavioral health ombuds office to help you in filing a grievance or appeal, or to request an administrative hearing.