Sec. 10.21.14.04. Duties of the Rights Advisors and Director of the RGS

A. The rights advisor shall:

(1) Investigate all complaints in a professionally appropriate manner;

(2) Attempt to resolve grievances fairly and thoroughly;

(3) Prepare written reports for each grievance investigated;

(4) Maintain the RGS reports;

(5) Attempt to identify residents who may benefit from services offered by the LAP and:

(a) Refer the residents identified to the LAP; and

(b) Advise the LAP of the referrals;

(6) Investigate abuse allegations, even though the State police and the facility also may be conducting an investigation of the same allegations;

(7) Monitor any corrective action used to resolve grievances, and:

(a) Notify the CEO if corrective action has not been taken; and

(b) If corrective action has not been taken by the CEO within a reasonable period of time, notify the RGS Director;

(8) When a rights advisor discusses a grievance with a grievant, inform the grievant that, if the grievant requests, the rights advisor is available to attend and advocate for the grievant before the Behavioral Health Administration committees, boards, and tribunals;

(9) Inform the grievant of the right to appeal a decision during any stage of the grievance process, and if a grievant wishes to appeal:

(a) Upon request, file an appeal on behalf of the grievant;

(b) Advise the grievant that the resident may be represented by a LAP following the completion of stage 2 of the grievance procedure; and

(c) With the grievant's consent, attend and advocate in the best possible manner for the grievant on appeal, except in cases when, as a result of the rights advisor's professional judgment, the grievant's case is determined to be frivolous; and

(10) In cases when, as a result of the rights advisor's professional judgment, the grievant's case is determined to be frivolous, forward the grievance to the Director of the RGS.

B. The Director of the RGS shall:

(1) If the rights advisor for a facility is not available for 2 or more consecutive working days, designate an alternate rights advisor;

(2) Arrange for the provision of appropriate training to:

(a) The rights advisors; and

(b) Facility staff, regarding relevant legal documents, including Department policies and procedures, related to residents' rights;

(3) If a rights advisor informs the Director of the RGS that the CEO has not taken corrective action within a reasonable period of time, notify the Director of the Behavioral Health Administration, who shall ensure that grievance resolution, at any level, is implemented promptly;

(4) If a rights advisor informs the Director of the RGS that the rights advisor has determined that a grievant's grievance is frivolous, review the determination, and, following that review, if the Director of the RGS:

(a) Agrees with the rights advisor and a LAP is involved, forward the grievance to the LAP, who may request continuation of the RGS process; or

(b) Does not agree with the rights advisor, notify:

(i) The rights advisor to proceed with the grievance; and

(ii) The LAP of the action taken; and

(5) Make appropriate arrangements to ensure that a rights advisor shall:

(a) Be independent to discharge responsibilities;

(b) As necessary to conduct an investigation, have the access to facility staff, the LAP, and others relevant to the investigation; and

(c) Have access to a resident's medical records:

(i) Excluding conditions outlined in Regulation .05C(2)(c) of this chapter, subject to the provisions in Health-General Article, §10-701(d), Annotated Code of Maryland, or any other applicable provisions of law; and

(ii) Immediately, in cases of allegations of abuse or neglect of the resident.