An Overview for Patients and Families
Did you know that, as a patient, your mental health care is protected by laws that ensure your dignity, independence, and fair access to treatment? Whether you are thinking about treatment for yourself or for a loved one, understanding the rights you have is essential to making sure you receive fair and respectful mental health care.
Mental health laws exist to give legal protections for mental health patients, protecting them from discrimination, ensuring their right to informed consent, and giving families a role in decisions about care for their loved ones. However, the laws can be complicated and vary by location and circumstances, leaving patients and families unsure about where they stand.
This guide will help you to understand three key areas of mental health rights: fundamental patient rights, family rights, and discrimination laws. By understanding your rights, you can feel more confident navigating the mental healthcare system, ensuring that you and your loved ones receive compassionate, legal, and ethical care every time it is needed.
As a patient receiving mental health care, you have some basic, fundamental rights that you should be aware of, including confidentiality, mental health treatment consent laws, and the right to refuse treatment. Let’s look at eight of your rights below, translated from lawyer-speak into easier-to-understand bite-sized chunks.
When it comes to your right to appropriate care, the law says you have: “The right to appropriate treatment and related services…The right to an individualized, written, treatment or service plan” [1]
This means that, as a patient, you have the right to have a treatment plan made that meets your specific needs and circumstances for your mental health care.
The law stipulating your right to informed consent in psychiatric care states you have: “The right to be provided with a reasonable explanation, in terms and language appropriate to such persons condition and ability to understand, or…such person’s general mental condition…the objectives of treatment…the nature and significant possible adverse effects of recommended treatments…why a particular treatment is considered appropriate” [2]
This means that all patients have the right to informed consent. You must be given information in such a way as to allow you to make an informed decision about accepting or refusing medical treatment that is suggested or recommended for you. This includes understanding the risks and benefits of the recommended treatment option, as well as alternatives that may be available to you. You must be able to freely give consent of your own accord to the treatment.
You have certain rights to refuse mental health treatment. The law says you have: “The right not to receive a mode or course of treatment, established pursuant to the treatment plan, in the absence of such person’s informed, voluntary, written consent to such mode or course of treatment” [3]
Based on the right to informed consent, in addition to accepting treatment for your condition, you also have the right to refuse mental health treatment, including medications. There are a few exceptions to be aware of, such as if it is an emergency situation, or if you have a court order detailing your treatment program legally.
You also have the right to access your mental health records. The law stipulates you have: “The right to access, upon request, to such a person’s mental health care records” [4]
This means that you have the right to ask for, review, and be given copies of your own mental health records. There are a few exceptions to this, including information that was provided by a third party under the assurance that confidentiality would be granted and kept. Also, if the healthcare professional responsible for your care services has decided that having access to your records could negatively impact your mental health.
Confidentiality is one of your main rights when accessing mental health services. Confidentiality refers to the legal and ethical duty of mental health professionals to protect your personal and sensitive information. Whatever you share in therapy must remain private, with some exceptions.
Under the Health Insurance Portability and Accountability Act (HIPAA), you have the right to confidentiality in mental health services. Meaning your Protected Health Information (PHI), such as therapy notes, diagnoses, and treatment plans, must be kept private.[5]
The HIPAA also states specific conditions where this information may be shared, such as liaising with others to ensure you get the best treatment. A mental health professional may also break confidentiality if they are concerned that you, or someone else, are at risk of harm. When it comes to confidentiality, it’s important to speak to your mental health provider to learn more.
Involuntary commitment is the term used when someone is legally admitted to a mental health facility against their wishes. Although a person may be there against their will, they still have certain rights. These include the right to humane, appropriate treatment and services[6], freedom from unnecessary restraints outside of specific emergency situations without their informed, voluntary consent[3], and the right to be clearly told their rights in a reasonable explanation appropriate to their cognitive condition[2]. Furthermore, patients maintain the right to access their mental health records[4] and the right to contact a qualified advocate for the purpose of receiving assistance[7].
Psychiatric Advance Directives (PADs) are documents created by a person to make their preferences known for future treatment in case they have a mental health crisis.
The Committee on the Rights of Persons with Disabilities believes that PADs are important and help to ensure equal treatment of people with disabilities, including mental health service users. These PADs, written when a patient can think calmly and clearly about their wishes, can help a person feel more responsible and empowered over their own care and what happens to them in the future if they are less able to make their own decisions3. It can help give a patient a sense of control when they are no longer in control and means they are still able to communicate their wishes to family, friends, and healthcare professionals when they are in crisis.[8]
You have the right of access to a “qualified advocate; for the purpose of receiving assistance” to help you understand, access, and receive the support you need.[7]
The federal government mandates that each state have designated Protection and Advocacy Systems (P&As) to ensure individuals with mental illnesses have their rights protected.[9] While the manner of implementing this advocacy is left to the states, these systems provide a range of services, including:[9]
These advocacy offices provide useful support and resources while working on behalf of those with mental health conditions. Advocates have a good knowledge of the mental health care system and can help you to understand your legal rights. They can support you in meetings, help you to get relevant information, look at options available to you, and help you to challenge legal decisions.[10]
Families often have an important role when it comes to supporting loved ones through their mental health issues and treatment, but family rights in psychiatric treatment can be unclear. Whilst laws protect the patient’s rights to confidentiality, there are ways for families to access some of the information, for example, during a medical emergency. Understanding these rights – such as participation in treatment planning or access to patient information – can help families understand, and provide support and help while respecting their loved one’s rights and wishes.
Family members can be involved in the patient’s therapy in a variety of ways, according to HIPAA.6 For example, with the patient’s prior consent, family members may be allowed to pick up the patient’s prescription, or they may be allowed to discuss the patient’s health with their doctor. It is all carried out with the patient’s informed consent. Research has shown that family involvement can be a great help for patient recovery.[11]
Mental health professionals are legally required to protect a patient’s confidentiality. Because of this, information can only be given to a family member if the patient has given their explicit permission allowing so.
However, under the HIPAA privacy rule, the right to access a patient’s health records is also extended to a personal representative of that person. This would be someone authorized to legally act on behalf of the person in making healthcare-related decisions.[12]
Did you know that mental health conditions and psychiatric illnesses are covered by the Americans with Disabilities Act (ADA)? This means that employees and job applicants have certain workplace rights under the ADA.[13]
You can choose whether to tell your employer about your disability or not – you do not have to tell them. You also cannot be discriminated against for having a record of psychiatric disability, so employers can’t deny you opportunities or demote you because they believe you may have a mental health condition.
You also have rights to job accommodations unless it would cause undue hardship for the employer. For example, if you have anxiety, you may be allowed to ask for changes such as attending meetings remotely or using white-noise earphones. You may ask for flexibility to attend appointments, or to take breaks for medication. Being able to explain how the changes will benefit you and your work will help your employer come to a decision about changes that can be looked into.
There are ways to make work easier and more accessible, it sometimes just takes a little while to think about what would help you the most.
You don’t need to worry about fighting for your rights when you seek help from Mission Connection – we’ve got you covered.
We provide compassionate support tailored to your individual needs while respecting your rights, choices, and autonomy. We know that living with a mental health condition affects everyone differently – it can be debilitating for some people, while others may only need a little extra support. That’s why we offer a range of treatment approaches designed to empower you on your healing journey. Some of our services include:
Your well-being is our priority, we respect your right to make informed choices about your treatment and will work with you to create a treatment plan that feels right for you.
We want to make sure you can access the right treatment when you need it most, so we offer a range of payment options to help ease any concerns over the cost of mental health treatment.
Contact us today at 866-833-1822 to get started on the road to recovery. You deserve support, and we’re here to provide it – on your own terms.
