Code of Maine Rules
14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
197 - OFFICE OF AGING AND DISABILITY SERVICES
Chapter 1 - Rights and Basic Protections of Persons with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury
Section 197-1-05 - REMEDIES FOR VIOLATIONS OF RIGHTS AND BASIC PROTECTIONS

Universal Citation: 14 ME Code Rules § 197-1-05

Current through 2024-38, September 18, 2024

1. A Person Receiving Services has the right to submit a Grievance against the Department or Providers in accordance with 14-197 C.M.R. ch. 8. They have the right to submit a Grievance to the Department without retaliation prohibited by law.

A. The Department must provide accessible and regular notice of its Grievance process to Persons Receiving Services, guardians, families, Providers and stakeholders.

B. Notice of the right to submit a Grievance must be included in informational materials, in personal planning correspondence, and when a Person Receiving Services receives a decision reducing or denying services and supports.

C. Notice must be written in clear, understandable language and form and include the contact information of Maine's Protection and Advocacy Agency.

2. A person with an Intellectual Disability, Autism Spectrum Disorder or Acquired Brain Injury, who receives MaineCare services, has the right to appeal a decision made by the Department in accordance with 10-144 C.M.R. ch. 101, Chapter I, Section 1.

3. A Person Receiving Services may submit a complaint to Maine's Protection and Advocacy Agency alleging that a Provider has violated their rights pursuant to 34-B M.R.S. §§ 5606(1), 5611.

4. A Person Receiving Services may be able to file a civil action alleging that a person violated their rights pursuant to 34-B M.R.S. § 5606(2).

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