Okla. Admin. Code § 310:678-5-5

Current through Vol. 42, No. 7, December 16, 2024

Section 310:678-5-5 - [Effective until 9/14/2025] Developmental Disabilities Services (DDS) Greer Center Facility (Greer) resident

(a)Application. This Section describes processes relating to grievances of residents of Oklahoma Department of Human Services (DHS)-operated facilities listed in Sections 1406 and 1414.1 of Title 10 of the Oklahoma Statutes (10 O.S. §§ 1406 and 1414.1). 10 O.S. § 1415.1 confers on DHS the responsibility for establishing an ombudsman program that includes a grievance system at DHS-operated facility for persons with developmental disabilities.

(b)Definitions. The definitions in Oklahoma Administrative Code (OAC) 310:678-1-2 and 310:678-5-1(b) apply to this Section unless the context clearly indicates otherwise.

(c)Notice of grievance rights. The DDS facility gives The prescribed form approved by OSDH regarding Notice of Grievance Rights of DDSD Clients (General), to the resident and his or her guardian within 24 hours of the resident's admission to a facility and yearly thereafter at the annual individual planning meeting. the Notice of Grievance Rights of DDSD Clients (General) Form is used to identify the local grievance coordinator (LGC) and to explain the resident's right to grieve. After the resident or guardian signs the Notice of Grievance Rights of DDSD Clients (General) Form, a copy is given to the resident, the resident's guardian, or to the responsible family member when the resident does not have a guardian or both, and the original is maintained in the permanent record for the resident. When the LGC changes, the facility notifies the residents, guardians, or responsible relatives of the new LGC's name and contact information within 20 business days.

(d)Filing and processing of grievance at the facility. Grievances of residents are processed, per OAC 310:678-5-1(g) unless otherwise provided in this Section.

(1) The Office of Client Advocacy (OCA) maintains an office on campus at Greer. OCA assigns an advocate who serves as the LGC at Greer and provides assistance to residents, their guardians, and persons interested in residents' welfare who want to file a grievance.

(2) The OCA advocate at Greer sends a copy of a grievance to the resident's guardian or guardian ad litem and to a responsible relative, unless otherwise specified.

(3) When a grievance involves a decision of a resident's team, the first level respondent is the applicable unit coordinator, unless the unit coordinator is involved in the decision being grieved.

(e)Time limits on filing grievances. The time limit set forth in OAC 310:678-5-1(g) does not apply to grievances filed by or on behalf of residents.

(f)Second level problem resolution. The facility director is the second level respondent.

(g)Contested grievances. When a resident elects to contest the facility director's response to a grievance, the contested grievance is processed, per OAC 310:678-5-2. The DDS director or the director's designee is the State Office administrator responsible for responding to residents' contested grievances.

(h)Request for review by Grievance and Review Committee (GARC). When a resident requests a GARC review of the DDS director's response to a grievance, the OCA grievance liaison prepares a request for GARC review using an OCA-prescribed format.

(i)Advocate inquiry. An OCA advocate may file a formal inquiry to request information relating to the treatment of one or more residents; the substance, application, or interpretation of any policy, rule, or regulation, of DHS or a DHS agent or contractor; or any decision, behavior, or action of a DHS employee, agent, or contractor, or of another resident.

(1) An advocate formal inquiry is submitted directly to the facility director or any other DHS employee believed to have the knowledge to respond to the inquiry. The person, to whom the inquiry is submitted, has seven business days from receipt of the inquiry to respond in writing. The advocate general may grant an extension for good cause shown.

(2) When the response does not resolve the concern that prompted the formal inquiry or when a response is not timely received, the matter may be treated as a formal grievance and processed as a contested grievance, per OAC 310:678-5-2.

(3) The advocate general issues a report that sets forth the subject matter of the inquiry, the pertinent facts, and the recommendations. An advocate general report is submitted to the facility director, when applicable, and the State Office administrator. A copy is submitted to the DHS Director.

(j)Advocate grievance. An OCA advocate may file a grievance on behalf of a resident when a grievance was not filed by, or on behalf of a resident.

(1) At the discretion of the advocate general or the advocate general's designee, an advocate grievance is filed directly with the facility director. The facility director has seven business days to respond in writing. The advocate general or the advocate general's designee may grant an extension for good cause shown.

(2) When the facility director's response is not acceptable or is not timely submitted, it is processed as a contested grievance, per OAC 310:678-5-2.

(k)Fast track grievances. When the subject of a DHS grievance is such that time is of the essence, with the approval of the advocate general or the advocate general's designee, a grievance may be submitted directly to the facility director or to the OCA grievance liaison for processing as a contested grievance, per OAC 310:678-5-2. When a grievance involves a time sensitive problem, the OCA grievance liaison may shorten the time for responding as warranted by the circumstances.

Okla. Admin. Code § 310:678-5-5

Adopted by Oklahoma Register, Volume 42, Issue 7, December 16, 2024, eff. 11/1/2024, exp. 9/14/2025 (Emergency)