Sec. 10.21.14.03. General Policies of the Resident Grievance System

A. When invoked, and when the process provides a fair, efficient, and complete remedy for allegations of rights violations, a grievant, when involved, the grievant's LAP, and the facility shall follow the four-stage administrative procedure outlined in this chapter.

B. Through a timely process of systematic and orderly stages as outlined in this chapter, all those involved in the RGS process shall give grievances a fair consideration.

C. To ensure that the rights of residents in the Behavioral Health Administration facilities are fully protected and that allegations of rights violations are investigated and resolved, the Director of the RGS shall provide an accessible internal system.

D. The rights advisor shall investigate grievances:

(1) Promptly, impartially, and with the least disruption to the grievant's treatment plan; and

(2) Without abridging the right of a grievant to have the grievance process transpire within the required time frames or be completed within 65 working days.

E. Except in accordance with the provisions outlined in Regulations .06-.10 of this chapter, and except to the extent necessary to conduct an investigation, report on the results of the investigation, and resolve the grievance, the individuals involved in the investigation of a grievance shall keep confidential the information gathered or disclosed during the course of the investigation.

F. If a LAP is involved, the rights advisor shall provide to the LAP reports on the status of the grievances processed, the administrative decisions of the RGS at each stage, and the remaining RGS stages scheduled or to be scheduled.

G. The Department may not subject an individual to discipline, harassment, or retribution for filing a grievance, pursuing a remedy for a grievance or, in cases when a grievance is substantiated, obtaining corrective action through the RGS.

H. A resident who has concerns, including grievances, may request resolution from:

(1) The treatment team; or

(2) If the resident chooses not to involve the treatment team, the RGS.

I. Except as provided in §J of this regulation, a grievant may terminate a grievance through the RGS at any time, either orally or in writing. If the termination is oral, the rights advisor shall document the oral termination of a grievance in the record of the grievance that is maintained by the rights advisor.

J. If a grievant seeks to terminate a grievance that alleges abuse or serious harm or the potential for abuse or serious harm, the rights advisor shall notify the CEO and the Director of the RGS, either of whom may determine whether the investigation may continue.

K. Within the time periods specified in Regulations .06-.09 of this chapter, the rights advisor shall file, investigate, and review a grievance, render a decision, and notify the grievant.

L. In cases in which grievances alleging abuse have been substantiated, the facility shall take corrective action immediately.

M. If time periods for stages lapse and extensions are denied, the rights advisor shall proceed with the next stage of the grievance.

N. Those involved in the RGS process shall ensure that they complete the process within 65 working days.