Oklahoma Administrative Code
Title 310 - Oklahoma State Department of Health
Chapter 680 - Residential Care Homes
Subchapter 3 - Licensure Requirements
Section 310:680-3-9 - Complaints
Universal Citation: OK Admin Code 310:680-3-9
Current through Vol. 42, No. 1, September 16, 2024
(a) Complaints to the residential care home. The home shall make available to each resident or the resident's representative a copy of the home's complaint procedure. The home shall ensure that all employees comply with the home's complaint procedure. The home's complaint procedure shall include at least the following requirements.
(1) The home shall list in its procedures and
shall require to be posted in a conspicuous place outside the administrator's
office area the following information:
(A) The
names, addresses and telephone numbers of staff persons designated to receive
complaints for the home;
(B) Notice
that a good faith complaint made against the home shall not result in reprisal
against the person making the complaint; and
(C) Notice that any person with a complaint
is encouraged to attempt to resolve the complaint with the home's designated
complaint staff, but that the person may submit a complaint to the Department
without prior notice to the home.
(2) If a resident, resident's representative
or home employee submits to the administrator or designated complaint staff a
written complaint concerning resident abuse, neglect or misappropriation of
resident's property, the home shall comply with the Protective Services for
Vulnerable Adults Act, Title 43A O.S. Sections
10-101 through
10-110.
(b) Complaints to the Department. The following requirements apply to complaints filed with the Department.
(1) The Department shall
provide to each home a notice identifying the telephone number and location of
the Department's central call center to which complaints may be submitted. The
home shall post such notice in a conspicuous place outside the administrator's
office area.
(2) Any person may
submit a complaint to the Department in writing, by phone, or personally. The
Department shall reduce to writing a verbal complaint received by phone or in
person.
(3) If the complainant is a
resident, the resident's representative, or a current employee of the home, the
Department shall keep the complainant's identity confidential. For other
complaints, the Department shall ask the complainants preference regarding
confidentiality.
(4) The Department
shall receive and triage complaints at a central call center. The complaints
shall be classified and investigated according to the following priorities:
(A) A complaint alleging a situation in which
the home's noncompliance with state requirements relating to residential care
homes has caused or is likely to cause serious injury, harm, impairment or
death to a resident shall be classified as immediate jeopardy and shall be
investigated by the Department within two (2) working days;
(B) A complaint alleging minimal harm or more
than minimal harm to a resident but less than an immediate jeopardy situation
shall be classified as actual harm and shall be investigated by the Department
within ten (10) working days; and
(C) A complaint alleging other than immediate
jeopardy or actual harm shall be scheduled for an onsite survey and
investigated during the next onsite survey or sooner if deemed necessary by the
Department; and
(D) A complaint
alleging a violation that caused no actual harm but the potential for more than
minimal harm to a resident, that repeats a violation cited by the Department
within the preceding twelve (12) months, and that is alleged to have occurred
after the Department determined the facility corrected the previous violation,
shall be classified as continuing and investigated the earlier of the next
onsite survey or ninety (90) calendar days.
(5) In addition to scheduling investigations
as provided in paragraph (4) of this subsection, the Department shall take
necessary immediate action to remedy a situation that alleges a violation of
the Residential Care Act or any rules promulgated under authority of the Act if
that situation represents a serious threat to the health, safety and welfare of
a resident.
(6) In investigating
complaints, the Department shall:
(A) Protect
the identity of the complainant if a current or past resident or resident's
representative or designated guardian or a current or past employee of the home
by conforming to the following:
(i) The
investigator shall select at least three (3) records for review, including the
record of the resident identified in the complaint. The three records shall be
selected based on residents with similar circumstances as detailed in the
complaint if possible. All three (3) records shall be reviewed to determine
whether the complaint is substantiated and if the alleged deficient practice
exists; and
(ii) The investigator
shall interview or observe at least three (3) residents during the home
observation or tour, which will include the resident referenced in the
complaint if identified and available in the home. If no resident is
identified, then the observations used of the three residents shall be used to
assist in either substantiating or refuting the complaint;
(B) Review surveys completed within the last
survey cycle to identify tendencies or patterns of non-compliance by the
home;
(C) Attempt to contact the
State or Local Ombudsman and the complainant, if identified, prior to the
survey; and
(D) Interview the
complainant, the resident, if possible, and any potential witness, collateral
resource or affected resident.
(7) The Department shall limit the complaint
report to the formal report of complaint investigation. The formal report of
complaint investigation shall be issued to the home and the complainant, if
requested, within ten (10) business days after completion of the investigation.
The formal report of investigation shall include at least the following:
(A) Nature of the allegation(s);
(B) Written findings;
(C) Deficiencies, if any, related to the
complaint investigation;
(D)
Warning notice, if any;
(E)
Correction order, if any; and
(F)
Other relevant information.
Amended at 18 Ok Reg 2550, eff 6-25-01
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
