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39. Delegated Administrative Services Agreement. In the event that the Agreement delegates <br />administrative functions to Facility, the Parties agree that they shall enter into a delegated <br />administrative services agreement that contains all provisions required pursuant to the State <br />Contract. <br />40. Confidential Member Information. Facility shall keep information about Members, <br />including their medical records, confidential in a manner consistent with Applicable Law. <br />41. Member Rights. Facility shall comply with any Applicable Law that pertain to Members' <br />rights and shall protect and promote those rights when furnishing services to Members. Facility <br />shall guarantee each Member the rights set forth below. Each Member must be free to exercise <br />these rights and the exercise of these rights must not adversely affect the way CHPW or Facility <br />treats the Member. These rights include: <br />41.1 To be treated with respect and with consideration for Member's dignity and <br />privacy; <br />41.2 To receive information on available treatment options and alternatives, presented <br />in a manner appropriate to the Member's ability to understand; <br />41.3 To participate in decisions regarding Member's health care, including the right to <br />refuse treatment; <br />41.4 To be free from any form of restraint or seclusion used as a means of coercion, <br />discipline, convenience, or retaliation; <br />41.5 To request and receive a copy of their medical records, and to request that they be <br />amended or corrected in accordance with Applicable Law; and <br />41.6 To choose a behavioral Health Care Provider. <br />42. Background Checks. Facility shall require a criminal history background check through <br />the Washington State Patrol for employees and volunteers of Facility who may have <br />unsupervised access to children, people with developmental disabilities, or vulnerable adults. <br />Further, Facility shall maintain related policies and procedures and personnel files consistent <br />with requirements in Chapter 43.43 RCW, Chapters 388-877 WAC and Chapter 388-06A WAC. <br />43. Cultural Considerations. If applicable, Facility shall participate in and cooperate with <br />CHPW's efforts to promote the delivery of services in a culturally competent manner to all <br />Members, including those with limited English proficiency and diverse cultural and ethnic <br />backgrounds, disabilities, and regardless of gender, sexual orientation or gender identity. <br />44. Member Self -Determination. Facility shall (a) obtain informed consent prior to treatment <br />from all Members, or from persons authorized to consent on behalf of Members as described in <br />RCW 7.70.065, (b) comply with the provisions of the Natural Death Act (Chapter 70.122 RCW) <br />and Applicable Law and rules concerning advance directives and POLST (eg., WAC <br />182-501-0125 and 42 C.F.R. § 417.436), and (c) when appropriate, inform Members of their <br />right to make anatomical gifts pursuant to Chapter 68.64 RCW. <br />2020 Facility Bxh B I B - McaidProv Page 38 of 51 Contract #(Contract 0)-{PRC Agreement ID) <br />