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Know Your Rights
What does the Americans with Disabilities Act do?
What are State Protection and Advocacy programs?
What is an advance directive?
What is 'informed consent'?
Can I refuse treatment?
What about managed care rights?
Do I have a right to privacy?
Resources: What does the Americans
with Disabilities Act do? The Americans with Disabilities Act (ADA)
ensures that people with disabilities, such as severe mental illness, have
legal protection against discrimination in the workplace, housing and
residential settings (including treatment facilities such as hospitals),
public programs, and telecommunications. The ADA's goal is to give the 54
million Americans with disabilities full and equal opportunities (President
Bush's New Freedom Initiative, 2002). Back to top
What are State Protection and Advocacy programs? Each State, as well
as the District of Columbia and the five Territories, has a Protection and
Advocacy for Individuals with Mental Illness (PAIMI) program. PAIMI programs
safeguard the rights of people with mental illness. Where problems are
found, PAIMI programs pursue legal, administrative, and other remedies to
ensure protection of rights for people with severe mental illness. People
with disabilities who are not eligible for PAIMI services may be eligible
for other programs within the Protection and Advocacy (P&A) system, such as
the Protection and Advocacy for Individual Rights (PAIR) program or the
Client Assistance Program (CAP). Back to top
What is an advance directive? If you frequently seek and use mental
health services, you may want to establish an advance directive. There are
two general types of advance directives: instructional, such as living
wills, and proxy, such as durable power of attorney. Each directive is a
legal document that lets you describe what services you want to receive if
an illness renders you unable to make decisions about your care. Give a copy
of the directive to your usual service provider(s) so that it can become
part of your medical record. Laws about advance directives vary from State
to State. Work with a lawyer, paralegal, or advocate to write your advance
directive. Back to top What is
'informed consent'? Informed consent refers to when a patient agrees to
undergo or participate in a medical or surgical procedure, treatment, or
study after learning what is involved. Informed consent requires that a
person know and fully understand the risks and benefits of a certain
treatment or procedure. Back to top
Can I refuse treatment? People generally have the right to consent to or
refuse treatment. However, under certain conditions-such as when a person is
considered a danger to self or others-he or she may be required to seek or
receive treatment. This can include involuntary civil commitment, which can
be for either outpatient or inpatient treatment, as well as forced
medication. Laws about commitment vary by State. If you have questions about
the commitment process in your State, contact your State P&A program or
consumer or family organization. Back to top
What about managed care rights? Many organizations have developed
bills of rights for people with severe mental illnesses who are treated in a
managed care setting. The Center for Mental Health
Services (CMHS) has developed principles for managed care treatment
</publications/allpubs/MC96-61/default.asp>. CMHS recommends that
providers, managed care firms, and consumers consider these principles in
their decision-making process. Most managed care firms have a process for
grievances and appeals. Participants may appeal a treatment decision,
question payment decisions, or file complaints about providers and
facilities. Back to top Do I have a
right to privacy? Mental health providers agree to keep your meetings
and what you discuss confidential. This means that what you say-as well as
your diagnosis and treatment-cannot be disclosed to anyone, including family
members, without your written consent. Back to top
Resources: The following list is a basic guide to organizations that
can help protect your rights. For more information on any of these issues
and other aspects of mental illness, call SAMHSA's National Mental Health
Information Center (NMHIC). SAMHSA's National Mental Health Information
Center P.O. Box 42557 Washington, DC 20015 Telephone: 800-789-2647 Fax:
301-984-8796 (TDD): 866-889-2647 E-mail: info@mentalhealth.org
<mailto:info@mentalhealth.org>
http://www.mentalhealth.samhsa.gov </default.asp> American
Bar Association Commission on Mental and Physical Disability Law 740 15th
Street NW, 9th Floor Washington, DC 20005 Telephone: 202-662-1570 Fax:
202-662-1032 E-mail: cmpdl@abanet.org <mailto:cmpdl@abanet.org>
www.abanet.org/disability </_scripts/redirect.asp?ID=1277>
American Civil Liberties Union of the National Capital Area 1400 20th Street
NW Washington, DC 20036 Telephone: 202-457-0800
www.aclu.org </_scripts/redirect.asp?ID=2295> Disability
Rights Section Civil Rights Division U.S. Department of Justice 950
Pennsylvania Avenue, NW Washington, D.C. 20530 Telephone: 800-514-0301 Fax:
202-307-1198 (TDD): 800-514-0383 www.usdoj.gov/crt/drssec.htm
</_scripts/redirect.asp?ID=2296> Judge Bazelon Center for
Mental Health Law 1101 15th Street NW, Suite 1212 Washington, DC 20005-5002
Telephone: 202-467-5730 Fax: 202-223-0409
www.bazelon.org </_scripts/redirect.asp?ID=6464> National
Alliance for the Mentally Ill Colonial Place Three 2107 Wilson Boulevard,
Suite 300 Arlington, VA 22201-3042 Telephone: 800-950-6264 Fax: 703-524-9094
www.nami.org </_scripts/redirect.asp?ID=1896>
National Association of Protection & Advocacy Systems, Inc. 900 2nd Street
NE, Suite 211 Washington, DC 20002 Telephone: 202-408-9514 Fax: 202-408-9520
(TDD): 202-408-9521 www.napas.org/ </_scripts/redirect.asp?ID=4847>
National Empowerment Center 599 Canal Street Lawrence, MA 01840 Telephone:
800-769-3728 Fax: 978-681-6426 www.power2u.org
</_scripts/redirect.asp?ID=86> National Mental Health
Association 2001 N. Beauregard Street - 12th Floor Alexandria, VA 22311
Telephone: 800-969-NMHA (6642) Fax: 703-684-5968
www.nmha.org </_scripts/redirect.asp?ID=4833> National
Mental Health Consumer's Self-Help Clearinghouse 1211 Chestnut Street, Suite
1207 Philadelphia, PA 19107 Telephone: 800-553-4539 Fax: 215-636-6312
E-mail: info@mhselfhelp.org <mailto:info@mhselfhelp.org>
www.mhselfhelp.org </_scripts/redirect.asp?ID=89>
National Rehabilitation Information Center 4200 Forbes Boulevard, Suite 202
Lanham, MD 20706 Telephone: 800-346-2742 or 301-459-5900 E-mail:
naricinfo@heitechservices.com <mailto:naricinfo@heitechservices.com>
www.naric.com </_scripts/redirect.asp?ID=2297>
Back to top Note: These are suggested
resources. It is not meant to be a complete list. KEN98-0051 04/03
Please note that this online publication has been abridged from the printed
version. |
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