Touchstone Services Inc.
"Our goal is simple...To help you reach yours"
It is the policy of Touchstone Service’s, Inc. that all employees abide by the Members’ Constitutional Rights as follows:
1. The right to be free of discrimination on the basis of race, religion, color, national origin, sex, age, handicap, marital status, or source of payment in the provision of services and care.
2. The right to vote, the right to practice religion of his or her choice, the right to freedom of movement and the right of freedom of association.
3. The right to refuse to participate in religious practices.
It is the policy of Touchstone Service’s Inc. that all employees abide by the laws of the Michigan Mental Health Code, Chapter 7, Recipient Rights, at all times. It is also expected that all employees will cooperate with any investigation that may occur from the Recipient Rights Office, Adult Protective Services, Protection and Advocacy and local law enforcement agencies.
Note: Recipient is the term used in the Mental Health Code to define an individual who receives mental health services from the Community Mental Health, or from a provider that is under contract with the Community Mental Health. This term will be used throughout this policy to remain with the Code.
Complaints and Appeal Process
Complaints
All employees, volunteers, and trainees who witness, discover, or have reasonable cause to suspect any type of recipient rights violation must report the violation verbally and in writing to their supervisor within 24 hours. If the allegation is one of abuse, neglect, or exploitation, contact must be made immediately. The supervisor shall file a recipient rights complaint on behalf of the organization to the Recipient Rights Office. The supervisor will also report to any other agencies as appropriate, such as Adult Protective Services, Adult Licensing, and local law enforcement.
Nothing in this policy shall restrict the right of a recipient, guardian, or other individual from filing their own recipient rights complaint.
Once a rights complaint is filed, the organization shall investigate the complaint and take appropriate remedial action. Nothing in this policy shall restrict the right of the Office of Recipient Rights to conduct their own independent investigation.
Appeal
The rights complaint filed with the responsible mental health agency by the recipient, their guardian or other individual, has appeal rights as established in the Mental Health Code. The recipient and/or their guardian should contact the responsible mental health agency’s Office of Recipient Rights to obtain information on their right to appeal the summary report in which he or she disagrees with the report.
If a member is not satisfied with the result of a complaint made to Touchstone Services, Inc., an appeal must first be made to the person completing the investigation. A response to the appellant will be completed, in writing, within 10 working days. If the appellant does not feel the issue has been resolved they may appeal to the Executive Director. The Executive Director will respond to the appeal within 10 working days, in writing.
Consent to Treatment and Services
The recipient must agree to cooperate with Touchstone Services, Inc. in regard to treatment and services that are to be provided to the recipient. Touchstone Services, Inc. will obtain prior authorization in regard to any treatment or services it provides. Recipient shall advise the agency of all treatment and services options he or she may require.
Touchstone Services, Inc. will comply with the requirements of informed consent and will work with the responsible mental health agency when required under the Mental Health Act in regard to evaluating comprehension and for assuring disclosure of relevant information and measures to ensure that consent is voluntary before obtaining consent. Where appropriate, we may indicate to the recipient, their family, and responsible mental health agencies, that guardianship procedures should be considered. In the event that Touchstone Services, Inc. believes that informed consent was not properly obtained, a recipient rights complaint may be filed.
Sterilization, Contraception, and Abortion
This is a personal decision to be made by the recipient, guardian, and family. Our organization has not adopted any policy in regard to sterilization, contraception, and abortion. However, Touchstone Services, Inc. will seek appropriate referrals to allow the recipient to make an informed decision in regard to birth control and the transmission of communicable diseases, upon the request of the recipient.
Fingerprinting, Photographing, Audio-taping, and the Use of One-Way Glass
The fingerprinting, photographing, audio-taping, and use of one-way glass of a recipient are prohibited unless the recipient, their guardian, or family, where appropriate, has given permission in writing.
Abuse and Neglect
Abuse or neglect of a recipient by an employee, volunteer, or agent of a provider shall subject the employee, volunteer or agent, upon substantiated reports, to an appropriate penalty, including official reprimand, demotion, suspension, reassignment, or dismissal as determined solely by Touchstone Services, Inc.
Touchstone Services, Inc. will conduct a prompt and thorough review of charges of abuse that is fair to both the recipient alleged to have been abused and the charged employee, volunteer, or agent of a provider. The organization shall conduct an independent investigation of its own. The Recipient Rights Office, Adult Protective Services and/or local law enforcement may investigate when appropriate. Touchstone Services, Inc. will cooperate fully with these agencies.
Nothing in this policy shall operate to modify, amend, or change the at-will employment policy of Touchstone Services, Inc.
Abuse is defined to mean:
Abuse Class I means a non-accidental act or provocation of another to act by an employee, volunteer, or agent of a provider that caused or contributed to the death or sexual abuse of, or serious physical harm to a recipient.
Abuse Class II means any of the following:
1. A non-accidental act or provocation of another to act by an employee, volunteer, or agent of a provider that caused or contributed to non-serious physical harm to a recipient.
2. The use of unreasonable force on a recipient by an employee, volunteer, or agent of a provider with or without apparent harm.
3. Any action or provocation of another by an employee, volunteer, or agent of a provider that causes or contributes to emotional harm to a recipient.
4. An action taken on behalf of a recipient by a provider who assumes the recipient is incompetent, despite the fact that a guardian has not been appointed, that results in substantial economic, material, or emotional harm to the recipient.
Abuse Class III means that the use of language or other means of communication by an employee, volunteer, or agent of a provider to degrade, threaten, or sexually harass a recipient.
Emotional Harm means impaired psychological functioning, growth, or development of a significant nature as evidenced by observable physical symptomology and as determined by a mental health professional.
Neglect Class I means either of the following:
1. Acts of commission or omission by an employee, volunteer, or agent of a provider that results from noncompliance with a standard or care or treatment required by law, rules, policies, guidelines, written directives, procedures, or individual plan of service and that cause or contribute to serious physical harm to a recipient.
2. The failure to report abuse or neglect of a recipient when the abuse or neglect results in the death of, or serious physical harm, to the recipient.
Neglect Class II means either of the following:
1. Acts of commission or omission by an employee, volunteer, or agent of a provider that result from a noncompliance with a standard of care or treatment required by law, rules, policies, guidelines, written directives, procedures, or individual plan of service and that cause or contribute to non-serious physical harm or emotional harm to a recipient.
2. The failure to report abuse or neglect of a recipient when the
abuse or neglect results in non-serious harm to the recipient.
Neglect Class III means either of the following:
1. Acts of commission or omission by an employee, volunteer,
or agent of a provider that result from a noncompliance with a
standard of case or treatment required by law, rules, policies,
guidelines, written directives, procedures, or individual plan of
service which places a consumer at risk with or without actual
physical injury.
2. The failure to report abuse or neglect of a recipient when the
abuse or neglect places a person at risk for physical injury.
Non-serious Physical Harm means physical damage suffered by a recipient that a physician or registered nurse determines could not have caused, or contributed to, the death of a recipient, the permanent disfigurement of a recipient, of an impairment of his or her bodily functions.
Physical Management means the technique used by staff to restrict the movement of a recipient by direct physical contact in order to prevent the recipient from harming himself, herself, or others.
Serious Physical Harm means physical damage suffered by a recipient that a physician or registered nurse determines caused or could have caused the death of a recipient, caused the impairment of his or her bodily functions, or caused the permanent disfigurement of a recipient.
Sexual Abuse means any sexual contact or sexual penetration involving an employee, volunteer, or agent of a provider and a recipient.
Sexual Contact includes the intentional touching of the victim’s or actor’s intimate parts or the intentional touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts, if that intentional touching can reasonably be constructed as being for the purpose of sexual arousal or gratification.
Sexual Penetration means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, but emission of semen is not required.
Sexual Harassment means sexual advances to a recipient, requests for sexual favors from a recipient, or other conduct or communication of sexual nature toward a recipient as defined in title VII of the civil rights act of 1991.
Unreasonable Force means physical management or force that is applied by an employee, volunteer, or agent of a provider to a recipient where there is no immediate risk of physical harm to staff or other recipients and that is any of the following:
1. Not in compliance with approved behavior management
techniques.
2. Not in compliance with the recipient’s individual treatment
plan.
3. Used when other less restrictive measures were not
attempted immediately before the use of physical management
or force.
Confidentiality and Disclosure
When the term “holder of record” is used in this policy, it shall mean that for any record that is developed by the responsible mental health agency, such as a service plan or treatment plan, a responsible mental health agency shall be the holder of record. Any record that Touchstone Services, Inc. develops (such as client notes or logs), the provider organization shall be considered the holder of the record.
Information may be released upon a recipient’s request, as a recipient, if the recipient does not have a guardian and has not been adjudicated as legally competent. If a request for information is made and we are the holder of record, we will comply with the recipient’s request for disclosure as quickly as possible, but in no event later than 30 days after receipt of your request before the recipient is receiving treatment from a holder of record, before the recipient is released from treatment.
Information may be disclosed:
1. if pursuant to orders of subpoenas of a court of record or subpoenas of the legislature, unless the information is made privileged by law.
2. to a prosecuting attorney as necessary for the prosecuting
attorney to participate in a proceeding governed by this act.
3. to an attorney for the recipient, if the consent of the recipient, the recipient’s guardian with authorized consent, or the parent with legal and physical custody or a minor recipient.
4. if necessary in order to comply with other provisions of law.
5. to the department if the information is necessary in order for the department to discharge its constitutional responsibility placed upon it by law.
6. to the office of the Auditor General if the information is necessary for that office to discharge its constitutional responsibility.
7. to a surviving spouse of a recipient or, if there is no surviving spouse, to an individual or individuals most closely related to the deceased recipient within the third degree of consanguinity as defined in civil law, for the purpose of applying for and receiving benefits.
If consent is obtained from a recipient or his or her guardian with authority to consent, or the parent with legal custody of a minor recipient, or the court-appointed personal representative or executor of the estate of a deceased recipient, information that has been made confidential may be disclosed to all of the following:
1. providers of mental health services to the recipient.
2. the recipient of his or her guardian or the parent of a minor
recipient.
Information may be disclosed at the discretion of the holder of the record.
1. as necessary in order for the recipient to apply for and
receive benefits.
2. as necessary for the purpose of outside research evaluation, accreditation, or statistical compilation, provided that the individual who is a subject of the information can be identified from the disclosed information only if such identification is essential in order to achieve the purpose for which the information is sought or preventing such identification would clearly be impractical, but in no event is the subject of the information likely to be harmed by the identification.
3. to providers of mental health or other health services or a public agency, is there a compelling need for disclosure based upon a substantial probability of harm to the recipient of other individuals.
Treatment by Spiritual Means
Upon the request of a recipient, a guardian, if any, or a parent of a minor recipient, Touchstone Service, Inc. shall permit a recipient to have access to treatment by spiritual means. Any request for printed, recorded, or visual material essential or related to treatment by spiritual means, and to a symbolic object of similar significance will be honored and made available at the recipient’s expense.
Treatment by spiritual means includes the right of recipient, guardians, or parents of a minor to refuse medication or other treatment on spiritual grounds that predated the current allegations of mental illness of disability. Treatment by spiritual means does not extend to circumstances when either of the following provisions applies:
a) a guardian or the provider has been empowered by a court to consent to or provide treatment and has done so.
b) a recipient poses harm to himself or herself or others and treatment is essential to prevent physical injury.
The right to treatment by spiritual means does not include the right to any of the following:
a) to use mechanical devices or chemical or organic compounds that are physically harmful;
b) to engage in activity prohibited by law
c) to engage in activity that physically harms the recipient or others.
d) to engage in activity that is inconsistent with court ordered
custody or voluntary placement by a person other than the
recipient.
Qualifications and Training for Recipient Rights Staff
Touchstone Services, Inc. has designated the Director or each program as the individual to be responsible for coordinating all complaints involving recipients within the program. This individual shall be responsible upon receiving information from staff for making or ensuring that a formal recipient rights complaint is filed with the responsible mental health agency on behalf of Touchstone Services, Inc. The person designated by the organization for coordinating all complaints shall be familiar with the organization’s policies and recipient rights. This individual will also be responsible for assuring that staff are trained in recipient rights.
Change in Type of Treatment
Touchstone Services, Inc. will work with the recipient, their guardian or designated representative from the responsible mental health agency, appropriate officials and other individuals in regard to the change in the type of treatment a recipient may receive in Touchstone Services’ care. Touchstone Services, Inc. must be advised in regard to any change in type of treatment and a determination made as to whether the organization is capable or able to provide the treatment. If the organization is not capable or able to provide the change in type of treatment, the organization will cooperate fully with placement of the person into another appropriate setting.
Medication Procedures
Touchstone Services, Inc. is not responsible for the administration, distribution or documentation of any medications. The members are responsible for all aspects of their medication administration.
Use of Restraint and Seclusion
Touchstone Services, Inc., employees, administrators, and volunteers who are under the direction of the agency shall not seclude or restrain a recipient’s movement by binding or tying or through the use of medications, paraphernalia, contraptions, material, or equipment for the purpose of immobilizing a recipient for seclusion.
Right to be Treated with Dignity and Respect
As a policy, Touchstone Services, Inc. requires all employees to treat members, their guardian and family with dignity and respect.
Dignity means to be treated with esteem, honor, politeness, or honesty; to be addressed in the manner that is not patronizing, condescending, or demeaning; to be treated the way the individual wants to be treated.
Respect means to show deferential regard for; to be treated with esteem, concern, consideration, or appreciated; to protect the individual’s privacy; to be sensitive to cultural differences; to allow the individual to make choices.
Least Restrictive Setting
It is the policy of this organization to provide the least restrictive environment possible for members that will maximize the social and psychological growth of the recipients of the program. The goal of the organization is for the recipients to become as self-sufficient as possible and their needs to be met in a dignified and humane manner.
Services Suited for Condition
It is the policy of Touchstone Services, Inc. that services provided by the organization shall promote the best interest of the individual receiving services and shall be designed to increase independence, improve quality of life, and support community integration and inclusion. Services for each recipient shall be suited to his or her condition and be developed using a person-centered planning process.
Right to Entertainment Material, Information and News
It is the policy of Touchstone Services, Inc. for general program restrictions to prohibit any material for reading or viewing that is pornographic, including x-rated material on the premises of the Clubhouse.
The organization will not prevent a recipient from acquiring entertainment materials, information and news at his or her expense, or from reading written or printed material, or from viewing or listening to television, radio, recordings, or movies made available at the facility for reasons of; or similar to; censorship. We will document any instance when a limitation is imposed in the recipient’s record. Material not prohibited by law may be read or viewed by a minor unless there is objection by the minor’s parent or guardian who has legal custody of the minor.
The organization reserves the right to establish specific restrictions at a program for the therapeutic benefit of the members as a group.
In the event that a recipient disagrees with a decision, in addition to having the right to make a complaint to the Office of Recipient Rights, the organization will also internally review the denial of their right to entertainment materials, information and news. In the event that the decision is reversed by the organization, we will remedy the denial.