Section He-M 204.05 - Complaints(a) A complaint as defined in He-M 204.02(j) may be made by any person, including but not limited to: (2) An individual's guardian;(3) An applicant for services; or(b) A complaint may be made orally or in writing to any employee of an agency.(c) Complaints alleging coercion, restraint, seclusion, or retaliation may be made to the complaint manager or to OCLS orally or in writing.(d) Agency staff shall put the complaint in writing and seek to have it signed by the complainant.(e) Agencies shall designate a staff person to receive and respond to complaints as described in (g) through (k) below.(f) All complaints shall be submitted to the complaint manager except for as described in He-M 204.11.(g) At any point in the complaint process, the individual shall have the right to: (1) Have a person advocate on his or her behalf, including but not limited to: a. A peer support advocate; b. An advocate from the Disability Rights Center-NH; orc. A person designated by the individual to function in that capacity;(2) Decide whether the complaint is resolved formally or informally; and(3) Elect a formal resolution if informal resolution efforts do not address the issue in a manner deemed satisfactory by the individual.(h) The expense of advocacy, if any, shall be borne by the individual.(i) The complaint manager shall: (1) Explain to the individual the processes for resolution: a. Informal resolution through the agency in accordance with He-M 204.07; orb. Formal resolution through the department in accordance with He-M 204.08;(2) Notify the individual of his or her rights described in (g) above; and(3) Ensure that the safety of the individual is protected.(j) If the individual has a guardian, the agency staff person shall notify the guardian of the complaint.(k) Except as described in He-M 204.11, if the individual chooses to resolve the complaint formally:(1) The complaint manager shall immediately forward the complaint to OCLS; and(2) Within 3 business days, OCLS shall designate a complaint investigator for initiation of the formal resolution process in accordance with He-M 204.08.(l) A designated complaint investigator shall not be an employee of the CMHP nor shall an employee of one CMHP be designated to investigate a complaint at another CMHP.(m) Employees of the department or agency shall assist persons to file complaints.(n) Employees of the department or agency shall provide information to obtain advocacy services.(o) A complainant may request to keep his or her identity confidential throughout the complaint process.(p) If the confidentiality of the complainant interferes with the investigation and/or the resolution of the complaint, the complaint investigator or complaint manager shall: (1) Notify the complainant if his or her request for confidentiality in (o) above interferes with the investigation and resolution of the complaint; and(2) Work collaboratively with the complainant to determine whether or not his or her identity will be revealed.(q) Except for as described in He-M 204.11, agencies shall maintain a record of complaints filed which contain the following information: (1) The nature of the complaint with reference to the section(s) of He-M 309 that coincide with the alleged violation;(2) The outcome of the informal resolution;(3) The length of time to resolve the complaint from the time of the filing of the complaint through resolution; and(4) Whether or not the complaint was forwarded for formal resolution.(r) For any complaints involving allegations of seclusion or restraint of a child, the agency shall comply with the notice and reporting requirements of RSA 126-U:7 and 10.N.H. Admin. Code § He-M 204.05
(See Revision Note at part heading for He-M 204) #5868, eff 7-15-94, EXPIRED 7-15-00
New. #9850, eff 1-20-11
Amended by Volume XXXIX Number 10, Filed March 7, 2019, Proposed by #12731, Effective 2/22/2019, Expires 8/21/2019.Amended by Volume XXXIX Number 41, Filed October 10, 2019, Proposed by #12878, Effective 9/25/2019.