Sec. 10.21.14.06. Grievance Procedure Stage 1: Rights Advisor's Role

A. Rights Advisor's Investigation and Mediation.

(1) The rights advisor shall respond to the grievance by meeting with:

(a) The grievant;

(b) The individual filing the grievance, if other than the resident;

(c) The grievant's LAP, if involved; and

(d) If applicable, any witness to the incident.

(2) Except for good cause, the rights advisor shall notify the grievant before reviewing the grievant's medical record.

B. The rights advisor shall:

(1) Determine an appropriate course of action for processing the grievance, which may include, but is not limited to:

(a) Interviews in person or by telephone;

(b) Requests for documents and correspondence;

(c) Notification to the grievant regarding the facility's clinical review panel option if the grievance relates to a grievant's refusal to take medication prescribed for treatment of a mental disorder; and

(d) Classification of alleged rights violations in accordance with guidelines developed by the Director of the RGS;

(2) Keep the grievant informed of all steps taken to resolve the grievance; and

(3) Render a decision on a grievance within 10 working days of receipt of the grievance.

C. The rights advisor shall make every effort to negotiate, mediate, and resolve the grievance fairly at this stage. If action is taken and the grievant is satisfied, the case is closed.

D. If, as a result of the rights advisor's professional judgment, a grievance is determined to be frivolous, the rights advisor shall inform the grievant of that finding and of the grievant's right to appeal and the appeal procedure.

E. If a grievance with merit is not resolved to the grievant's satisfaction, and the grievant wishes to appeal, the rights advisor shall forward a copy of the grievance, including a description of the issues and recommendations, to the unit director as outlined in Regulation .07 of this chapter.

F. If, in the rights advisor's professional judgment, the nature of the grievance is not frivolous, but the grievance either cannot be substantiated or appears to have no merit, the rights advisor shall:

(1) Inform the grievant of the decision and the right to appeal;

(2) With the consent of the grievant, assist the grievant in filing an appeal; and

(3) Document the findings and forward a copy of the report describing the findings to:

(a) The Director of the RGS;

(b) The unit director;

(c) The grievant;

(d) If involved, the grievant's LAP; and

(e) The CEO.

G. If a grievance with merit is resolved to the grievant's satisfaction, the rights advisor shall forward a copy of the decision to:

(1) The unit director;

(2) The grievant;

(3) The CEO; and

(4) If involved, the grievant's LAP.

H. If the rights advisor's initial investigation concludes there is substantial risk of serious harm, or there is the potential for serious harm to a grievant if the alleged violation is not remedied promptly:

(1) The rights advisor shall inform immediately the:

(a) Unit director or the unit director's designee;

(b) CEO or the CEO's designee;

(c) Director of the RGS; and

(d) Director of the Behavioral Health Administration or the Behavioral Health Administration Director’s designee; and

(2) The unit director, the CEO, or their respective designees shall:

(a) Perform an investigation; and

(b) If the grievance is substantiated, develop and implement a solution within 24 hours of receiving the rights advisor's report.