Alabama Administrative Code
Title 825 - ALABAMA SICKLE CELL OVERSIGHT AND REGULATORY COMMISSION
Chapter 825-X-2 - CRITERIA FOR COMPREHENSIVE SICKLE CELL CENTERS AND SICKLE CELL CHAPTERS RECEIVING STATE SUPPORT THROUGH THE EDUCATION TRUST FUND OR THROUGH OTHER RELATED STATE MECHANISMS
Section 825-X-2-.04 - Complaint Process

1. To file a Complaint that a Complainee has failed to provide services pursuant to Title 22-10B-5, Complainants shall follow the Complainee' s established complaint procedures. Complaints must be submitted within ninety (90) days of the alleged occurrence.

1 The sickle cell services shall include all of the following:-

1. Public and professional health education which shall be provided by persons specially trained for the task.

2. Screening of all newborns within a designated area for sickle cell disease by accurate laboratory techniques.

3. Genetic counseling and decision-making counseling which shall be offered to all parents of infants who are affected with Sickle Cell Disease and to those parents and patients at risk of having other children affected with this disease.

4. Medical referral and follow-up which shall consist of a prompt definitive diagnosis of patients found to have medically significant hemoglobin and the medical management of painful episodes, infections, and other complications which shall be provided by physicians and other medical professionals.

5. Psychosocial support services which shall be provided to help patients affected with Sickle Cell Disease to live a happy and successful life.

2. If the Complainee does not have established complaint procedures, then the Complainant shall submit a written (signed) or videoed complaint to the Complainee alleging that the Complainee has failed to provide services in accordance with Title 22-10B-5. Complaints must be submitted within ninety (90) days of the alleged occurrence.

3. The Complainee shall investigate and make a final determination concerning the Complaint. The Complainee's final decision must be in writing and provided to the Complainant.

4. A copy of the Complaint and Complaninee's decision must be kept by the Complainee.

5. If the Complainant disagrees with the Complainee's determination, then the Complainant shall proceed to Part Two.

1. Upon (a) receipt of a written (signed) or videoed Complaint to the ASCORC alleging that a community-based organization or any individual operating within the community-based organization regulated by ASCORC pursuant to 825-X-2-.01(3) has failed to provide services in accordance with Title 22-10B-5, and (b) verification that the Complaint has been presented to the Complainee and action was taken, the Executive Director of the ASCORC shall perform a preliminary review to determine if there is merit and sufficient evidence to warrant formal proceedings. Complaints must be submitted to ASCORC within thirty (30) days after the Complainee's final decision.

2. If the Executive Director and the ASCORC legal counsel determine that the Complaint may be meritorious and that sufficient evidence exists to warrant proceedings, the Complaint will be given to the investigative committee for further action. The investigative committee shall be formed pursuant to 825-X-1-.04 and will consist of one (1) ASCORC member, one (1) ASCORC counsel, and the Executive Director.

3. If further investigation is warranted, an investigator may be retained. The investigator shall work under the direction of the Executive Director to conduct further investigation.

4. At the conclusion of the investigation, the investigator shall submit an investigative report to be reviewed by the investigative committee, which has the authority to act on the report.

5. Following the investigation, if the Complaint requires further action, ASCORC or its authorized designee shall have the power to act on the report of the investigation as follows:

6. If the program remains noncompliant, ASCORC reserves the right to recommend reallocation of funding consistent with legislative intent pursuant to Section 22-10B-4 of the C ode of Ala. 1975.