Preservation of Rights

Section: Case Management Agency (CMA)
Created: 02/25/2024
Revised:
Effective: 03/01/2024

Policy

It is Weld County CMA’s (WCCMA) policy to adhere to federal laws, Colorado Revised Statutes, applicable rules, regulations, and our contractual obligations, ensuring the preservation of member rights as stipulated in Sections 25.5-10-216 through 240, C.R.S., and 8.7001. Our policies and procedures are designed to uphold the dignity, respect, and rights of all members, guaranteeing equitable, respectful, and person-centered care.

Scope

All Weld County CMA employees

Relevant Rule Citations

10 CCR 2505-10 8.7201.J.1: Case Management Agencies shall have policies and procedures that assure the preservation of Member rights contained in Sections 25.5-10-216 through 240, C.R.S. and 8.7001.

Colorado Revises Statutes

Section 25.5-10-216 - Imposition of legal disability - removal of legal right

Section 25.5-10-217 - Conduct of Court Proceedings

Section 25.5-10-218 - Persons' Rights

Section 25.5-10-219 - Right to individualized plan or individualized family service plan

Section 25.5-10-220 - Right to medical care and treatment

Section 25.5-10-221 - Right to humane treatment

Section 25.5-10-222 - Right to religious belief, practice, and worship

Section 25.5-10-223 - Rights to communications and visits

Section 25.5-10-224 - Right to fair employment practices

Section 25.5-10-225 - Right to vote

Section 25.5-10-226 - Records and confidentiality of information pertaining to eligible persons or their families - repeal

Section 25.5-10-227 - Right to personal property

Section 25.5-10-228 - Right to influence policy

Section 25.5-10-229 - Right to notification

Section 25.5-10-230 - Discrimination

Section 25.5-10-231 - Sterilization rights

Section 25.5-10-232 - Competency to give consent to sterilization

Section 25.5-10-233 - Court-ordered sterilization

Section 25.5-10-234 - Confidentiality of sterilization proceedings

Section 25.5-10-235 - Limitations on sterilization

Section 25.5-10-236 - Civil action and attorney fees

Section 25.5-10-237 - Terminology

Section 25.5-10-238 - Federal funds

Section 25.5-10-239 - Evaluations to determine whether a defendant is mentally retarded or has an intellectual and developmental disability for purposes of class 1 felony trials

Section 25.5-10-240 - Retaliation prohibited

Commitment Statement

WCCMA is committed to protecting and preserving the rights of our members as outlined in Sections 25.5-10-216 through 240, C.R.S., and 8.7001. We affirm our dedication to empowering members by respecting their rights, ensuring equitable treatment, and promoting their independence and participation in decision-making processes.

Education and Awareness

WCCMA ensures that members and their Legally Authorized Representatives (LARs) are fully informed of their rights minimally at time of intake and annual visits, and as needed and as requested throughout their certification year.

Procedure:

  1. Rights Information Distribution: Case managers provide members and/or their LARs with detailed information about their rights, responsibilities, and the mechanisms available for their protection and advocacy.
  2. Person-Centered Planning Discussions: Case managers engage in detailed discussions during the person-centered planning process to explain the procedures for lodging complaints, understanding critical incident procedures, and navigating the appeals process, ensuring members are aware of their rights and how to exercise them.

Monitoring

Weld County CMA conducts regular monitoring to ensure the provision of services respects and upholds members' rights, health, safety, and welfare.

Procedure:

  1. Service Provision Oversight: Case managers actively monitor service providers through reviews of incident reports, individualized service plans, and provider documentation, as well as direct observations of service environments and discussions with Provider Agency staff and members about service quality and satisfaction.
  2. Quarterly Monitoring Contacts: Case managers conduct at least quarterly in-person and virtual monitoring contacts with members and/or their LAR, which include reviewing service utilization, evaluating member satisfaction, and assessing the member's health, safety, and welfare.
  3. Assessments and Reassessments: In-person contacts provide opportunities for case managers to observe members' living environments, directly engage with members and their families, and address any concerns regarding rights violations or service quality.

Feedback Mechanisms

Weld County CMA maintains open and responsive feedback mechanisms, enabling members, families, and guardians to easily communicate their concerns and suggestions.

Procedure:

  1. Accessible Communication Channels: Multiple channels are available for members to submit feedback or complaints, including email, phone, online, and in-person visits, ensuring members can easily inform Weld County CMA of any concerns, complaints, and issues related to rights violations.  
  2. Comprehensive Complaint Procedure: The complaint procedure is clearly communicated to members at the time of admission, during any changes, and as part of the annual service planning process, including oral and written formats tailored to the communication preferences of the member or guardian.
  3. Documentation and Trends Analysis: All complaints related to Weld County CMA are meticulously documented and analyzed for trends. These findings are regularly presented to HCPF and the Community Advisory Committee to inform continuous improvement efforts.

Human Rights Committee

The Human Rights Committee (HRC) acts as an independent advisory and review body to ensure the rights of members are protected and upheld.

Procedure:

  1. Rights Oversight: The HRC oversees informed consent processes, reviews modifications of members' rights ensuring they adhere to procedural safeguards, and examines allegations of mistreatment, ensuring thorough investigation and appropriate action.
  2. Regular Reviews: Modifications to members' rights are reviewed at a frequency decided by the team, but not less than every six months, to ensure continuous protection of member rights.

Rights Modifications

Rights modifications are carefully reviewed and documented in the Person-Centered Support Plan, ensuring they are based on specific assessed needs and not convenience.

Procedure:

  1. Documentation and Justification: Any modification to a member’s rights is thoroughly documented in the Person-Centered Support Plan, detailing the specific need for the modification and ensuring it is not applied broadly or for provider convenience.
  2. Compliance with Regulations: All procedures for rights modifications adhere to established regulations, ensuring that members' rights are respected and upheld in every aspect of service provision.

Weld County Department of Human Services (WCDHS) Civil Rights Plan

It is the policy of Weld County CMA to uphold and strictly adhere to the nondiscrimination principles and requirements as outlined in the Weld County Department of Human Services (WCDHS) Civil Rights Plan. This plan forms the cornerstone of our unwavering commitment to ensuring equity and fairness across all aspects of our operations. In parallel, Weld County CMA is equally committed to fully complying with the specific, overlapping nondiscrimination requirements detailed in the Weld County Case Management Agency Contract, particularly as delineated under Exhibit G, Federal Provisions, Section 3: Nondiscrimination Under Federal and State Authority. This dual adherence guarantees that our actions and policies are in complete alignment with both the WCDHS Civil Rights Plan and our contractual obligations, thereby reinforcing our dedication to creating an inclusive and discrimination-free environment. 

The WCDHS Civil Rights Plan outlines detailed procedures for addressing and resolving incidents of discrimination, incorporating a comprehensive complaint resolution process, complaint appeal procedures, and proactive strategies for monitoring and training. These measures are integral to our mission, ensuring that we not only comply with legal and ethical standards but also embody the principles of equality and justice in our daily operations.

Staff Training and Development

All Weld County CMA staff complete comprehensive training on member rights within 120 days of hire, with ongoing training as necessary to remain informed on policy, procedural changes, and best practices.

Procedure:

  1. Comprehensive Rights Training: Staff undergo training that covers member rights as defined in the relevant sections, emphasizing the importance of respecting, monitoring, and communicating these rights in daily operations.
  2. Training Oversight: Supervisors and other staff ensure employees complete the required training and refresher training.  

Policy Review

This policy will be updated as needed based on feedback and changes to contractual and regulatory requirements.

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