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You still have rights!

Just because you entered diversion or have a DUII Conviction- you did not give up all your rights.

We are giving you this information because we know some people won’t have information about their rights when they go to the Alcohol and Drug Evaluation Services (ADES) and may not know….

You have a right to know what options are available and to collaborate with the evaluation service about where you will go to treatment for diversion. This is a basic civil right to anyone who enters into a diversion or other treatment agreement with the court.

THE LAW GIVES YOU A RIGHT TO PARTICIPATE IN CHOOSING A PROGRAM: Oregon State Law OAR 415-054-0420 (1) Each individual shall be assured the same civil and human rights as other persons. The ADES shall provide services in a manner that protects individual privacy and dignity. (4) In addition to all applicable statutory and constitutional rights, every individual receiving services has the right to: (a) Participate in the selection of the treatment program; (l) Exercise all rights described in this rule without any form of reprisal or punishment.

 OHP MEDICAID COVERED INDIVIDUALS HAVE A RIGHT TO CHOOSE A PROVIDER: Federal Law Requires State Medicaid programs give you a choice of where to receive services within your provider network.  If you are receiving OHP insurance you cannot be forced to attend treatment at another approved program without a significant, clinical reason documented by the evaluator.

 OREGON LAW GIVES SELF-PAYING INDIVIDUALS THE RIGHT TO CHOOSE FROM MORE THAN ONE PROVIDER: According to Oregon Revised Statutes 415-054-0490 (2) “The ADES shall provide to the individual a list of all Division approved treatment programs:  (a) Within the geographic area preferred by the individual and (b) Those treatment programs in any other geographic area capable of responding to a specific need including, but not limited to:

           ·         ability to pay or

           ·        seek reimbursement through insurance,

           ·        primary language or  

           ·        hours of treatment which allow an individual to maintain a work schedule.

  You have the right to participate in choosing where to do treatment and to file a grievance against anyone who violates that right without being punished or retaliated against.

 If you feel your rights have not been honored at any time during the referral process you may file a grievance by calling…

DUII Information Specialist Addictions and Mental Health 503-945-5763 or

Email: AMH.web@state.or.us to make an official Complaint

Oregon Health Authority Complaint Form

Call Disability Rights of Oregon 1-800-452-1694 if you are disappointed with the response by the State.

HealthShare CCO Members can call the waste and abuse hotline anonymously at 503-416-4962 and file a complaint and they will investigate on your behalf without revealing your identity.

Or mail a letter to: Compliance Officer-Health Share of Oregon

208 SW 5th Ave, Suite 400

Portland, OR  97204

 Where you can obtain information about available diversion programs

Call Lines for Life Alcohol and Drug Helpline

1-800-923-4357 to get a list of approved DUII providers in your area.