Current through Register Vol. 63, No. 9, September 1, 2024
(1) OSH and OHA recognize that a patient or
their representative may not be satisfied with the resolution of their
grievance(s) as provided in OAR
309-118-0020 and therefore
provide an optional two-tiered review process.
(2) OSH Review Process: If the patient or
their representative is not satisfied with the resolution of their grievance by
the Grievance Committee, the patient or their representative may request an OSH
Review.
(a) The patient or their
representative must complete an OSH Review Form or may request treatment staff
to assist them with completion of the form. The patient or their representative
must provide a reason why they disagree with the resolution of the grievance
and provide a proposed resolution.
(b) To be timely, the patient or their
representative must provide the completed OSH Review Form to treatment staff to
submit to the Ombuds or submit the OSH Review Form directly to the Ombuds
within 14 calendar days after receiving the Grievance Committee Response. If
the patient or their representative fail to timely request an OSH Review, OSH
shall not grant an OSH Review unless there is good cause for the untimely
submission. Good cause means a delay caused by something outside the control of
the patient or their representative.
(c) The Ombuds shall review the OSH Review
Form, Grievance Form, and Grievance Committee response. The Ombuds shall also
consider information provided by the patient or their representative, any other
information relevant to the grievance, and may take any other action to
investigate the matter as they deem appropriate.
(d) The Ombuds shall provide a written
response to the OSH Review Request to the patient or their representative
within 14 calendar days of receipt of the request.
(3) OHA Review Process: If the patient or
their representative is not satisfied with the OSH Review Response or did not
receive an OSH Review Response within 14 calendar days of submitting their OSH
Review Request, the patient or their representative may request an OHA Review.
(a) The patient or their representative must
complete an OHA Review Form or may request treatment staff to assist them with
completion of the form. The patient or their representative must provide a
reason why they disagree with the OHA Review Response and provide a proposed
resolution.
(b) To be timely, the
patient or their representative must provide the completed OHA Review Form to
treatment staff to submit to the Ombuds or submit the OSH Review Form directly
to the Ombuds within 14 calendar days after receiving the OSH Review Response
or, if they did not timely receive an OSH Review Response, within 28 calendar
days of submitting their OSH Review Request. If the patient or their
representative fail to timely request an OHA Review, OSH shall not grant an OHA
Review unless there is good cause for the untimely submission. Good cause means
a delay caused by something outside of the control of the patient or their
representative.
(c) The Ombuds
shall provide copies of the OHA Review Request, Grievance Form, Grievance
Committee's Response, OSH Review Form, and OSH Review Response to the OHA
Director.
(d) The OHA Director
shall review all documents provided and may take any other action to
investigate the matter as they deem appropriate.
(e) The OHA Director shall provide a written
response within 21 calendar days of receipt of an OHA Review Request to the
patient or their representative.
(f) The OHA Review decision is final and is
not subject to further review by OHA.
(4) Nothing in this section creates a right
to a contested hearing under ORS Chapter 183.
Statutory/Other Authority: ORS
179.040,
413.042,
179.321 &
179.360
Statutes/Other Implemented: ORS
426.385,
179.321 &
179.360
