Or. Admin. Code § 309-035-0183

Current through Register Vol. 63, No. 11, November 1, 2024

Section 309-035-0183 - Individual Grievances and Appeals

(1) The provider shall develop and implement written policies and procedures concerning the grievance and appeal process. A copy of the grievance and appeal process shall be posted in a place readily accessible to individuals. A copy of the grievance and appeal process shall be provided to each individual at the time of admission to the program.

(2) A provider's process for grievances shall, at a minimum, include the following:

(a) Individuals shall be encouraged to informally resolve complaints through discussion with program staff; and

(b) If the individual is not satisfied with the informal process or does not wish to use it, the individual may proceed as follows:

(A) The individual may submit a complaint in writing to the program administrator. The individual may receive assistance in submitting the complaint from any person whom the individual chooses. If requested by the individual, program staff shall be available to assist the individual;

(B) The written complaint shall go directly to the program administrator without being read by other program staff unless the individual requests or permits other program staff to read the complaint;

(C) The complaint shall include the reasons for the grievance and the proposed resolutions. No complaint shall be disregarded because it is incomplete;

(D) Within five days of receipt of the complaint, the program administrator shall meet with the individual to discuss the complaint. The individual may have an advocate or other person of their choosing present for this discussion;

(E) Within five days of meeting with the individual, the program administrator shall provide a written decision to the individual. As part of the written decision, the program administrator shall provide information about the appeal process; and

(F) In circumstances where the matter of the complaint is likely to cause irreparable harm to a substantial right of the individual before the grievance procedures outlined in OAR 309-035-0183 are completed, the individual may request an expedited review. The program administrator shall review and respond in writing to the grievance within 48 hours. The written decision shall include information about the appeal process.

(3) An individual, an individual's legal representative, the Division or other Division-approved party, and an applicant shall have the right to appeal admission, termination, and grievance decisions as follows:

(a) If the individual is not satisfied with the decision, the individual may file an appeal in writing within ten days of the date of the program administrator's decision to the complaint or notification of admission denial or termination; and

(b) If program services are delivered by a person or entity other than the Division, the appeal shall be submitted to the CMHP director or designee in the county where the program is located:

(A) The individual may receive assistance in submitting the appeal. If requested by the individual, program staff shall be available to assist the individual;

(B) The CMHP director or designee shall provide a written decision within ten days of receiving the appeal; and

(C) If the individual is not satisfied with the CMHP director's decision, the individual may file a second appeal in writing within ten days of the date of the CMHP director's written decision to the deputy director of the Division or designee. The decision of the deputy director of the Division shall be final.

(c) If program services are delivered by the Division, the appeal shall be submitted to the deputy assistant director or designee:

(A) The individual may receive assistance in submitting the appeal. If requested by the individual, program staff shall be available to assist the individual;

(B) The deputy director or designee shall review and approve or deny the appeal;

(C) The Division shall notify the individual of the decision in writing within ten days after receipt of the appeal; and

(D) If the individual is not satisfied with the deputy assistant director's or designee's decision, the individual may submit a second appeal in writing within ten days of the date of the written decision to the assistant director of the Division. The decision of the assistant director of the Division shall be final.

Or. Admin. Code § 309-035-0183

MHS 2-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17; MHS 5-2017, f. & cert. ef. 6/8/2017

Stat. Auth.: ORS 413.042, 443.450

Stats. Implemented: ORS 413.032, 443.400 - 443.465 & 443.991