D.C. Mun. Regs. tit. 22, r. 22-A305

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-A305 - FILING A GRIEVANCE

305.1

All consumers shall have the right to file a grievance with DMH. If a consumer's grievance involves a specific MH provider, DMH shall ensure that the MH provider has responded to the grievance in a timely manner, before initiating its prompt and impartial review of the grievance. All grievances involving a specific mental health professional shall be treated as involving the MH provider that employs or contracts with the mental health professional.

305.2

Grievances may be expressed orally or in writing. Oral grievances shall be reduced to writing. Each MH provider shall ensure consumers have access to all assistance they need or request in filling out any forms necessary for filing grievances.

(a) A grievance may be filed by the consumer or the consumer's personal representative, legal guardian, or other party acting on behalf of the consumer, when the consumer is an adult.

(b) A grievance may be filed by the consumer or the consumer's family member or legal guardian on behalf of the consumer, when the consumer is a child.

(c) The consumer, or the consumer's family member or legal guardian, when the consumer is a child, must consent to the filing of a grievance by another person in his or her behalf unless the grievance involves an allegation that the consumer is being abused or neglected.

305.3

Each consumer may be assisted throughout the grievance process, by any person chosen by the consumer. If the consumer chooses to be assisted by a peer advocate or personal representative, the consumer must designate the advocate or representative in writing and specify what protected mental health information, if any, may be released to the peer advocate or personal representative.

305.4

Peer advocates and personal representatives are subject to the requirements of federal and District laws regarding the confidentiality of protected mental health information.

305.5

A MH provider shall release information regarding a grievance to any organization or individual upon receipt of a valid authorization for disclosure from the consumer.

D.C. Mun. Regs. tit. 22, r. 22-A305

Final Rulemaking published at 50 DCR 8480 (October 10, 2003)