You still have rights!

Just because you entered diversion orhave a DUII Conviction- you did not giveup all your rights.

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

You have a right to know what options are available and to collaborate with theevaluation service about where youwill go to treatment for diversion. Thisis a basic civil right to anyone who enters into a diversion or other treatmentagreement with the court.

THE LAW GIVES YOU A RIGHT TOPARTICIPATE IN CHOOSING A PROGRAM: Oregon State Law OAR415-054-0420 (1)Each individual shall be assured the same civil and human rights as otherpersons. The ADES shall provide services in a manner that protectsindividual privacy and dignity. (4) In addition to all applicable statutory andconstitutional rights, every individual receiving services has the right to: (a) Participate in the selection of thetreatment program; (l) Exercise all rightsdescribed in this rule without any form of reprisal or punishment.

 OHP MEDICAID COVEREDINDIVIDUALS HAVE A RIGHT TO CHOOSE A PROVIDER: Federal LawRequires State Medicaid programs give you a choice of where to receiveservices within your provider network. If you are receiving OHP insurance you cannot be forced to attendtreatment at another approved program without a significant, clinical reason documentedby the evaluator.

 OREGON LAW GIVES SELF-PAYINGINDIVIDUALS THE RIGHT TO CHOOSE FROM MORE THAN ONE PROVIDER: According to Oregon Revised Statutes 415-054-0490 (2) “TheADES shall provide to the individual a list of all Division approved treatment programs:  (a) Within thegeographic area preferred by theindividual and (b) Those treatmentprograms in any other geographic areacapable 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 tomaintain 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 feelyour rights have not been honored at any time during the referral process youmay file a grievance by calling…

DUII Information Specialist Addictionsand 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 theresponse by the State.

HealthShare CCO Members can call the waste and abuse hotline anonymously at503-416-4962 and file a complaint and they will investigate on your behalfwithout 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 canobtain information about available diversion programs

Call Lines for Life Alcohol and Drug Helpline

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