Section He-M 315.10 - Complaint Procedures(a) Every member, participant, and applicant for membership shall have the right to file a complaint, which may be made either orally or in writing. A complainant may request to keep his or her identity confidential throughout the complaint process. If the complainant requests to have his or her identity kept confidential, he or she shall be notified that it may interfere with the investigation, the resolution of the complaint, or both.(b) Each PSA shall establish complaint procedures that include: (1) Informal means by which a member's or participant's complaints can be addressed;(2) A formal process to investigate allegations that a member's or participant's rights have been violated by agency staff, volunteers, consultants, or peers; and(3) An immediate review by the PSA director or his or her designee when a member or participant is suspended.(c) Each PSA shall investigate and attempt to resolve every complaint for which a formal investigation is requested.(d) A PSA shall provide a member or participant who files a complaint the opportunity to have someone assist him or her in presenting the complaint. If the member or participant cannot obtain assistance, the agency staff, upon the member's or participant's request, shall attempt to obtain assistance for such person from available advocacy services.(e) The investigation of a member's or participant's complaint shall not be conducted by any person who participated in the action or decision that is the subject of the grievance.(f) Following completion of a formal investigation, the board of directors of the PSA shall issue a written decision to the member or participant within 20 business days setting forth the disposition of the complaint. The PSA shall immediately forward a copy of the decision to the office of client and legal services (OCLS) .(g) A member or participant may appeal the finding and proposed resolution to his or her complaint in accordance with He-M 202, rights protection procedures, and He-C 200, rules of practice and procedure.(h) He-M 315, He-M 402, He-M 202, and He-C 200 shall be available at every PSA in a public location for review.(i) Each PSA shall forward its complaint procedure and any proposed revisions to the complaint procedure to the OCLS for review and consultation 30 days prior to implementation. PSA procedures that conflict with He-M 315, as determined by the OLCS shall not be implemented.N.H. Admin. Code § He-M 315.10
Amended by Volume XXXVII Number 23, Filed June 8, 2017, Proposed by #12191, Effective 5/26/2017, Expires 5/26/2027.