Patient’s Rights

The Patients’ Rights Advocate is Imperial County Behavioral Health Services staff who promotes and represents clients’ rights and interests.  All ICBHS clients shall have personal rights which include, but are not limited to, the following:

• Access to service and grievance procedure information 24 hours a day.

• Timely access to care, including making services available 24-hours a day, 7 days a week, when medically necessary to treat an emergency psychiatric condition or crisis condition.

• Respectful treatment by ICBHS practitioners, agency, clinic and hospital staff members and with due consideration for clients’ dignity and privacy.

• Service that is easy to access and provided in a safe, comfortable, and inviting environment.

• Consent to treatment after receiving adequate information about treatment and to prescribed medication.

• Receive information on available treatment options and alternatives, presented in a manner appropriate to the client’s condition and ability to understand.

• Participate in decisions regarding their behavioral health care, including the right to refuse treatment.

• Participate in planning their own treatment, in developing a treatment plan that includes the goals of treatment and the services that he/she will receive.

• Be free from any form of restraint or seclusion used as means of coercion, discipline, convenience, punishment, or retaliation as specified in federal rules about the use of restraints and seclusion in facilities such as hospitals, nursing facilities and psychiatric residential treatment facilities where a client stays over night for treatment.

• Request to receive a copy of their medical records, and request that they be amended or corrected.

• Confidential care and record keeping.

• Consideration of a problem or concern about services.

• Request a change of practitioner, a second opinion, or a change in level of care.

• File a grievance or complaint.

• Be free from discrimination or any other penalty for filing a complaint, grievance, appeal, or State Hearing.

• Authorize a person to act on their behalf during the grievance, appeal, or State Hearing process, with written consent.

• Authorize a provider to act on their behalf during the appeal process, with written consent.

• With written consent, have family members talk to the practitioner about the client’s treatment.

• Receive services that are culturally competent, sensitive to language, to cultural differences and ethnic backgrounds. Note: Request to use culture-specific practitioners will be honored when feasible.

• Free oral interpretative services for Medi-Cal members who speak other languages.

• Free American Sign Language services for Medi-Cal members who are speech and/or hearing impaired.

Each county mental health director is required to assign a Patients’ Rights Advocate and delegate to this person(s) the responsibility for ensuring the statutory and constitutional rights of persons identified as mental health and/or substance use disorder clients.  The duties Patients’ Rights Advocates include:

• Assisting staff in ensuring that the information about patients’ rights is posted in all facilities providing mental health and/or substance use disorder treatment services, and that all incoming clients are informed of their rights, including the right to contact the Advocate and the Office of Patients’ Rights.

• Investigating and resolving complaints received from patients about violations or abuse of their rights.

• Monitoring facilities, services, and programs for compliance with statutory and regulatory patient’s rights provisions.

• Providing training and education about patients’ rights to mental health and substance use disorder treatment providers.

• Advocating for patients and residents who are unable or afraid to register a complaint because of their mental or physical condition.

• Acting as a liaison between the advocacy program and the California Office of Patients’ Rights.

• Many county Patients’ Rights Advocates are also responsible for representing patients in certification review and/or capacity to give informed consent hearings.

Grievance Process

If you feel that your rights have been violated in any form, you may file a grievance.  A grievance means an expression of dissatisfaction about any matter other than an Adverse Benefit Determination. Grievances may be filed orally or in writing by the member, provider, or the member’s authorized representative.

You may file a grievance at any time by:

• Email:  BHSPRA@co.imperial.ca.us
• In Writing: Patients’ Rights Advocate, 202 N. Eighth Street, El Centro CA, 92243.
• In Person: 202 N. Eighth Street, El Centro CA, 92243 (Second Floor) or by walking to any of the ICBHS clinics.
• Phone: 1-800-817-5292, 1-442-265-1525, or 1-760-455-9151

ICBHS will let you know that the grievance was received by sending you a written acknowledgment within five calendar days of receipt or by speaking to you directly within one business day. We will resolve your grievance as quickly as possible, but no more than 30 calendar days from the date we receive it.

Appeal Process

An appeal is a review of an Adverse Benefit Determination by Imperial County Behavioral Health Services. If you have received a Notice of Adverse Benefit Determination from us, you may file an appeal. Appeals may be filed orally or in writing by the member, provider, or the member’s authorized representative. The timeframe to file an appeal is within 60 calendar days from the date of the Notice of Adverse Benefit Determination.

You may file an appeal by:

• Email:  BHSPRA@co.imperial.ca.us
• Mail: Imperial County Behavioral Health Services Attn: Patients’ Rights Advocate, 202 N. 8th Street, El Centro, CA 92243
• In Person: At any ICBHS location
• Phone: 1-800-817-5292 or 442-265-1525

We will let you know your appeal was received by sending you a written acknowledgement within five calendar days of receipt of the appeal. We will make a determination on your appeal as quickly as possible, but no more than 30 calendar days from the date we receive it.

You may request that we expedite the review process for your appeal if taking time for a standard resolution could seriously jeopardize your mental health or substance use disorder condition and/or your ability to attain, maintain, or regain maximum function. If we approve your request to expedite your appeal, we will make an appeal decision within 72 hours. If we deny your request to expedite your appeal, we will transfer the appeal to the timeframe for a standard resolution (30 calendar days).

You may also request a State Hearing within 120 calendar days from the date of the Notice of Appeal Resolution if we uphold the Adverse Benefit Determination, or if we fail to make a timely determination of your appeal or fail to provide you with proper notice of your rights.

While you are waiting for a final decision from an appeal or State Hearing, you have the right to keep receiving approved services. Contact our Patients’ Rights Advocate at 442-265-1525 for more information.

Patient’s Rights Documents

• Advance Directive
• Directivas Anticipadas
• Patient’s Rights Brochure
• Derechos y Responsabilidades del Paciente
• Notice of Privacy Practices
• Notificación de Practicas de Privacidad
• Beneficiary Protection Processes
• Procesos de Protección para el Beneficiario

Quick Links

• Grievance Form – English
• Formulario Para Quejas
• Standard Appeal Form
• Formulario Para Apelación Estándar
• Expedited Appeal Form
• Formulario Para Apelación Urgente

Contact Us

The Patients’ Rights Advocate is available to answer questions and provide information to clients, family, and community members to help them understand the Imperial County Behavioral Health Services system of care.

For more information, call the Imperial County Behavioral Health Services Patients’ Rights Advocate through on the contact information listed below:

Phone: (442) 265-1525
Toll-Free Phone: 1-800-817-5292
Email: BHSPRA@co.imperial.ca.us