Accessibility and Accommodation

Riverbend Community Mental Health > Accessibility and Accommodation

RIVERBEND COMMUNITY MENTAL HEALTH

Policy Title:  Accessibility and Accommodation

Policy Number:  1.8

Effective/Review/Revision Date:  3/17/11, 1/12, 5/12, 2/14, 6/14, 9/17, 1/20, 7/21, 8/24, 1/25

Summary: Riverbend is committed to ensuring equal access and non-discrimination for all individuals, in compliance with the Americans with Disabilities Act (ADA) and Section 1557 of the Affordable Care Act (ACA). The policy outlines the following key points:

  1. Accessibility and Equal Opportunity: Riverbend ensures that all programs and services are accessible to individuals regardless of disability, language, race, gender, or other personal characteristics.
  2. Accommodation and Communication: Necessary accommodations, such as interpreters or assistive technology, will be provided free of charge. Vital documents will be translated or read aloud as needed, and language preferences will be respected. Staff will ensure clear communication with people with disabilities or limited English proficiency (LEP).
  3. Interpreter Services: Riverbend provides qualified interpreters for LEP individuals at no cost, ensuring confidentiality and accuracy. Companions will not be used as interpreters unless explicitly requested by the individual.
  4. Auxiliary Aids: Riverbend will provide necessary auxiliary aids, considering individual preferences, to ensure full participation. Documentation of services provided will be maintained.
  5. Training and Awareness: Staff will receive cultural competency and accessibility training to support equal participation. Admissions staff will identify and provide accommodations as needed.
  6. Facility Accessibility: Riverbend will ensure barrier-free facilities and welcome service animals. Accessible locations will be prioritized for community events.
  7. Feedback and Monitoring: Riverbend encourages feedback on accessibility and continually evaluates its policies to ensure compliance and improvement.
  8. Compliance Reporting: Individuals can report violations of rights under relevant regulations to Riverbend’s 1557 Coordinator or Riverbend’s Complaint Manager, and Title VI complaints will be promptly forwarded to the appropriate authorities.

This policy aims to provide a culturally sensitive, accessible environment, ensuring that everyone can participate fully in Riverbend’s services.

POLICY:  Riverbend strives to be in compliance with the Americans with Disabilities Act (ADA) and with section 1557 of the Affordable Care Act (ACA). This means that Riverbend strives to assure that its programs and services are equally accessible to all people regardless of disability or the need for accommodation.

PURPOSE:  To implement procedures to ensure that no person shall be discriminated against due to mental, physical, cognitive, or sensory disability, primary language, national origin, race, gender, sexual preference, or the perceived limitations of those characteristics.  Riverbend strives to provide culturally sensitive and relevant services that are accessible to those seeking and receiving them.

APPLICATION:  This pertains to individuals who apply for services at Riverbend and/or are accepted into and receive services at Riverbend.  All accommodations that are required for participation will be offered free of charge. Public education materials will include information about the availability of accommodations and this will be explained to any individual perceived as needing accommodation or requesting same during initial contact, so that fear of expense does not impede treatment.

DEFINITIONS:

  • Limited English Proficiency (LEP): Applies to any individual who is unable to speak, read, write, or understand the English language at a level that permits him or her to interact effectively with health and social services agencies and providers. For purposes of this policy, LEP will also apply to individuals whose primary form of communication is something other than the oral English language.
  • Person with a Disability: Applies to persons who have impairments that substantially limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, working, and individuals with a record of a disability and individuals who are regarded as having a substantially limiting impairment, even though they may not have such an impairment.(defined in the Americans with Disabilities Act/ ADA).
  • Cultural or Ethnic Competency: A process of agency self-assessment that measures, and monitors the knowledge and ongoing development of cultural sensitivity to assure acceptance and respect for diverse populations.
  • Interpretation: The oral transmittal of a message from one language to another, considering dialect, culture and nuance.
  • Translation: The written interpretation of a message from one language to another, conveying the original meaning of text with linguistic precision.
  • Communication: The effective transmission of messages using spoken language, Braille, American Sign Language, or available technology.
  • Barrier-free: A safe and accessible route of travel whereby people with disabilities may arrive on the site, approach the building, enter and move about as freely as everyone else. At least one route of travel should be safe and accessible for everyone, including people with disabilities.

PROCEDURES:  Riverbend adheres to the following standards:

  1. Riverbend will implement policies and procedures that promote equal opportunity for individuals with disabilities and /or limited English proficiency so that they may participate at all levels of programs and services.
  2. Riverbend’s intent is to ensure that communications with persons with disabilities or LEP are as effective as its communication with others. There are a number of ways to address this, and factoring in consumer choice is key.  This may include American Sign Language, large print, Braille, audiotape, and other formats when identified as a need by staff and/or requested by a person with a disability.
    1. When a LEP accommodation is requested or identified by staff as a need, the individual will have a choice of interpretation services or any necessary, available assistive technology.
    2. Riverbend will assure that vital documents, including clients’ rights, informed consent, fee agreements, releases, and core clinical documents such as treatment plans are either translated into a language the person can read or are read aloud to the person by an interpreter, per the client’s choice.  Use of an interpreter shall be documented/noted on the relevant document.  The appropriate Nondisclosure Statement will be signed by anyone providing interpreter services at Riverbend.  (This document is found in the Riverbend Policy Manual, in the Clients’ Rights, Confidentiality, HIPAA, PHI Folder.)
    3. Clinical documents presented and completed in a language other than English will be translated into English and included in the chart to facilitate communication. Translations of key documents may be found at this link.
    4. Two posters are displayed at every site: One reflects Riverbend’s Non-Discrimination Statement in the top 20 languages in the catchment area and the other helps people identify their primary language via samples of each of the top 20. Both posters are appended to this policy.
  3. Some individuals with LEP may request to use a companion as an interpreter. Companions of an individual with LEP shall not be used as interpreters unless specifically requested by that individual and only after staff have communicated in the individual’s primary language that the agency is willing to provide a qualified interpreter to the individual free of charge.
    1. Unless there is a medical emergency, minor children and other clients will not be used to interpret, to ensure confidentiality of the information and accurate communication.
    2. If the individual declines Riverbend’s language assistance services and wishes to have the companion interpret, confirm the following:
      1. (i) The companion agrees to provide such assistance;
      2. (ii) Reliance on the companion for such language assistance is appropriate under the circumstances. When determining appropriateness, staff should consider:
        1. (a) competency of interpretation;
        2. (b) confidentiality/privacy;
        3. (c) whether the presence of the companion raises any safety concerns; and
        4. (d)       whether there is a conflict of interest.
      3. (iii) If relying on the companion for any of these reasons would be inappropriate, staff shall take reasonable steps to provide available alternative interpreter services to the individual with LEP free of charge.
      4. (iv) Document the use of a companion or interpreter service provider in the individual’s record utilizing a signed consent form (1.8.2 Request and Consent to Use a Companion Interpreter).
  4. Riverbend staff will provide each individual with a disability with necessary auxiliary aids and services sufficient to afford an equal opportunity to participate in the agency’s programs, activities, services, and other benefits. Staff will give primary consideration to the request of the individual with a disability in determining which auxiliary aids and services to provide and will provide the necessary auxiliary aids and services to the individual in a timely manner.
  5. If an individual with a disability requires an auxiliary aid or service that is not readily available, staff shall contact their immediate supervisor, Program Director, and 1557 Coordinator to explore and arrange for the timely provision of the necessary auxiliary aid or service.
  6. Staff will document the auxiliary aids and services used to effectively communicate with the individual in the individual’s record. Auxiliary aids and/or services that are provided to an individual when they first contact Riverbend should again be made available to that individual if the individual returns to Riverbend, unless the individual confirms that they no longer require the auxiliary aid and/or service.
  7. Riverbend will provide training to staff about this policy.
  8. Where possible, facilities will be barrier-free, and at a minimum, all programs and services will be available in an accessible, if alternate, location.
  9. Service animals will be welcomed in all areas.
  10. In addition to informing applicants for services, Riverbend will inform individuals regarding their right to receive competent oral translation of written materials, through inclusion of this fact in the informed consent documentation.

Riverbend will use the following procedures to assure equal access and the opportunity for full participation:

  1. Riverbend staff will receive cultural competency and accessibility training that addresses:
    1. Accessibility as specified in the Americans with Disabilities Act (ADA) and section 1557 of the Affordable Care Act (ACA).
    2. Barriers to opportunities for full participation, including attitudes, knowledge gaps, etc.
    3. Processes for identifying and providing accommodations.
  2. Riverbend will assure that its admissions staff and other designated employees will have the ability to obtain appropriate interpretation services or technical equipment to meet the needs of individuals in our community. Individuals will be offered a choice for interpretation services and their preference will be documented in the clinical record.
    1. Riverbend does not utilize family members or friends of the individual as interpreters.
    2. The initial assessment will determine if the individual requires any additional accommodation to facilitate treatment services.
  3. Riverbend admissions staff will identify and coordinate the provision of any accommodations required during the admission process and will document this on the Contact Sheet. After the initial contact, ongoing needs will be coordinated with the clinical program or case management staff as necessary, and will be documented by administrative, clinical and/or case management staff and retained in the medical record.

Riverbend will continually evaluate access standards to ensure non-discrimination and will modify its practices and pertinent documents to address community needs.

  1. Individuals who have concerns or suggestions regarding accommodations will be encouraged to share them, outlining their ideas or methods for improvement.
  2. Employees or contract staff with suggestions will submit their suggestions for improvement.
  3. Riverbend will strive to assure that activities that are presented to/for the community will be presented in accessible locations and will provide any accommodations needed to ensure participation of people with the most significant disabilities.
  4. Riverbend will strive to ensure that its staff members are competent and sensitive to the cultural context of treatment.
  5. Riverbend will monitor policies related to LEP and other accommodations annually to assure compliance with regulating standards and guidelines.
  6. If at any time an individual believes that there has been a violation of a person’s rights under New Hampshire Mental Health Regulations, the ADA, HIPAA, or the ACA, such violations should be reported to Riverbend’s 1557 Coordinator Riverbend’s Complaint Manager.
  7. If an individual directly notifies Riverbend CMHC of a Title VI complaint, Riverbend CMHC will notify NHDOT within five (5) business days. Furthermore, if Riverbend CMHC is notified by another entity of a Title VI complaint regarding Riverbend CMHC, Riverbend CMHC will in turn notify NH DOT within five (5) business days.

REFERENCE:

A. Title VI of the Civil Rights Act of 1964

B. Americans with Disabilities Act of 1990

C. Rehabilitation Act of 1973

D. Section 1557-Final Rule