18 Miss. Code. R. 26-2-H
Dependent upon the content of the grievance a decision may be made by the State Ombudsman to suspend the Representative of the Office that is name in the grievance until there is full resolution.
* Grievance about Refusal, Suspension, or Removal of Designation of a Local Ombudsman Entity (LOE) or a Representative of the Office
* Formal written notice that grounds exist to refuse, suspend or remove an ombudsman's designation (certification) will be sent to the individual and the AAA Director by the State Ombudsman within fifteen (15) working days of the determination.
* Formal written notice that grounds exist to refuse, suspend or remove a Local Ombudsman Entity (LOE) will be sent the AAA Director by the State Ombudsman within fifteen (15) working days of the determination.
* Upon receipt of the notice the individual or LOE then has ten (10) working days from the date of receipt of such findings to respond in writing to the State Ombudsman regarding the determination and findings.
* The State Ombudsman shall issue any revised findings within five (5) working days of the receipt of the written response. The State Ombudsman may first consult with the Director of Aging and Adult Services.
* If the State Ombudsman decides not to change the initial finding, the refusal/withdrawal of the designation (certification) becomes immediately effective upon a second notice. The second notice will be sent within three (3) working day after the final determination.
* If the State Ombudsman decides to not refuse/withdraw the designation (certification) of the ombudsman, but implement other remedies or work improvement measures, there shall be formal written notice sent to the ombudsman and the Director of the changed decision within five (5) working days.
* The final decision to refuse/remove designation (certification) of a Representative of the Office remains with the State Ombudsman.
* Grievance about Actions of a Local Ombudsman
* A grievance regarding the actions of a local ombudsman may be filed in writing, orally or through the use of auxiliary aids and services with the State Ombudsman. The grievance must list the specific facts related to the grievance, the nature of the grievance, and any request for resolution. The grievance should be given within thirty (30) calendar days of the action.
* The grievance will be discussed with the local ombudsman named in the grievance within ten (10) working days and a written copy (if applicable) of the grievance statement will be given to him/her at that time. He/she will have ten (10) working days to provide a written response.
* The State Ombudsman may consult with the AAA Director if possible without violating confidentiality and disclosure rules.
* The State Ombudsman will respond to the local ombudsman and the complainant regarding the grievance within ten (10) working days of receipt of the response from the local ombudsman. The response is final.
* Grievance about the Actions of a Volunteer Ombudsman
* A grievance regarding the actions of a volunteer ombudsman may be filed in writing, orally or through the use of auxiliary aids and services with the supervising District Ombudsman. The grievance statement must list the facts related to the grievance, the nature of the grievance and any request for resolution. The grievance should be made within thirty (30) calendar days of the action.
* The District Ombudsman will provide a copy of the grievance to the State Ombudsman within three (3) working days and consult with the State Ombudsman.
* A copy of the grievance will be discussed with the volunteer ombudsman named in the grievance within ten (10) working days of initial receipt. A written copy of the grievance statement will be given to him/her at this time if available. He/she will have ten (10) working days to provide a written response.
* The District Ombudsman will respond to the grievance in writing within ten (10) working days of receipt of the response of the volunteer ombudsman.
* If the volunteer ombudsman is not satisfied with the decision of the District Ombudsman, he or she can appeal the decision to the State Ombudsman. The State Ombudsman has five (5) working days to provide a response to the volunteer ombudsman. The decision of the State Ombudsman will be final.
* The final decision will be shared with the complainant within five (5) working days of the response of the volunteer ombudsman.
* Grievance about Complaint Investigations
* Informed consent must be obtained from the resident or the resident's representative for investigation details to be disclosed to the individual filing the grievance. If such consent is not provided, the complainant will be informed that no information can be provided and the grievance process will be ended.
* If consent is obtained, the process for a grievance about action of a local ombudsman will be followed.
* Grievance about the Actions of the State Ombudsman
* The grievance should be made in writing, orally or within thirty (30) calendar days of the action and submitted to the Director of Aging and Adult Services. It must list the specific facts related to the grievance, the nature of the grievance, and any request for resolution.
* A copy of the grievance will be discussed with the State Ombudsman within five (5) working days of its receipt. A written copy of the grievance statement will be given to him/her at that time.
* The policies on consent and disclosure must be followed if this involves a complaint investigation.
* The State Ombudsman shall provide a written response to the Director of Aging and Adult Services without violating the policies of disclosure within five (5) working days.
* The Director shall provide a response to the grievance within five (5) working days from receipt of the State Ombudsman's response to the State Ombudsman and the complainant.
18 Miss. Code. R. 26-2-H