30 Miss. Code. R. 2703-3.2

Current through December 10, 2024

Rule 30-2703-3.2 - Complaint Procedures

All investigations will be conducted fairly and objectively, observing all rights of due process, confidentiality and an individual right of response and defense.

A. Receipt of a Complaint

A complaint may be submitted to the Board by a person, member of the Board, firm, organization, or entity on a complaint form. A complaint must be in writing and must be signed and certified as to its truthfulness by the person or entity offering the complaint. The Board also may file a complaint based on information in its possession.

B. Content of a Complaint

The complaint must contain at least: i) the name and address of the nursing home administrator, A.I.T., permit holder, or party against whom the complaint is lodged; ii) the date of each transaction or event which is the subject of the complaint; iii) a description of the alleged violation which prompted the complaint; iv) the name of any person or party who may be a witness to the complaint; and v) documentation in support of the complaint.

C. Anonymous Complaint

An anonymous complaint will not be accepted.

D. Notice of a Complaint

Upon receipt of the sworn complaint against a nursing home administrator licensee, A.I.T., or permittee:

(1) The complaint will be referred by the Executive Director to the investigating Board member.

(2) A copy of the complaint shall be sent to the last known address on file with the Board for the licensee or party named in the complaint along with a request for a written response to the complaint. The Board shall send a copy of the complaint, including any supporting documentation, by certified mail to the licensee, A.I.T., or permittee in question for his or her written comment, and he or she shall submit a written response to the Board within twenty (20) days of the date of such correspondence, or waive the right to do so. A complaint will be presumed to be received no later than three (3) calendar days after the date of mailing.

Requests for comment on complaints sent to licensees, A.I.T.s, or permittees shall be considered properly served when sent to their last known address. The licensee, A.I.T., or permittee is responsible for keeping the Board informed of his or her current address.

(3) Upon receipt of the written response of the party who is the subject of the complaint, a copy of the response shall be sent to the complainant. The complainant shall have ten (10) calendar days from the date of receipt to submit a written reply with the Board to the response.

E. Exceptions to Disclosure

Notwithstanding any other provision in these rules, the party named in a complaint will not be required to receive notice of the complaint filing, or a copy of the complaint, or any related investigatory evidence prior to the notice of contemplated action, if the Complaint Committee determines that disclosure may impair, impede, or compromise the efficacy or integrity of the investigation of the complaint.

30 Miss. Code. R. 2703-3.2

Miss. Code Ann. Sections 73-17-7(2), 73-17-9(d) and (e) and 73-17-13(Rev. 2008); and Miss. Code Ann. Section 73-17-15 (Supp. 2011).