Current through Register Vol. 51, No. 19, September 20, 2024
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.
