Ariz. Admin. Code § 9-21-403

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-21-403 - Initiating a Grievance or Investigation

A. Any individual may file a grievance regarding an abridgement by a mental health agency of one or more of a client's rights in Article 2 of this Chapter,

B. Any individual may request an investigation regarding a condition requiring investigation.

C. An employee of or individual under contract with one of the following shall file a grievance if the employee has reason to believe that a mental health agency has abridged one or more of a client's rights in Article 2 of this Chapter or that a condition requiring investigation exists, and shall receive disciplinary action for failure to comply with this subsection:

1. A service provider,

2. A health plan,

3. An inpatient facility, or

4. The Administration.

D. A service provider or health plan shall file a grievance if it:

1. Receives a non-frivolous allegation that:

a. A mental health agency has abridged one or more of a client's rights in Article 2 of this Chapter, or

b. A condition requiring investigation exists; or

2. Has reason to believe that there exists or has occurred a condition requiring investigation in a mental health agency or program.

E. The Administration shall request an investigation if:

1. The Administration determines that it would be in the best interests of a client, the Administration, or the public; or

2. The Administration receives a non-frivolous allegation or has reason to believe that:

a. A mental health agency has abridged one or more of a client's rights in Article 2 of this Chapter, or

b. A condition requiring investigation exists.

F. To file a grievance, an individual shall communicate the grievance orally or submit the grievance in writing to a mental health agency who shall forward the grievance to the appropriate person as identified in R9-21-404. If asked to do so by a client, an employee shall assist the client in making an oral or written grievance or shall direct the client to the available supervisory or managerial staff who shall assist the client in making an oral or written grievance.

G. Any grievance or request for investigation shall be accurately and completely reduced to writing on an Administration-provided grievance or request for investigation form by:

1. The individual filing the grievance or request for investigation, or

2. The mental health agency to whom the grievance or request for investigation is made.

Ariz. Admin. Code § R9-21-403

Adopted under an exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301, § 61, effective October 7, 1992; received in the Office of the Secretary of State October 14, 1992 (Supp. 92-4). Former Section R9-21-403 renumbered to R9-21-404; new Section R9-21-403 renumbered from R9-21-402and amended by exempt rulemaking at 9 A.A.R. 3296, effective June 30, 2003 (Supp. 03-2). Amended by final rulemaking at 22 A.A.R. 2019, effective 7/12/2016. Amended by final rulemaking at 29 A.A.R. 898, effective 5/30/2023.