Current through Register Vol. 63, No. 12, December 1, 2024
(1) The provider shall develop and implement
written policies and procedures concerning the grievance and appeal process. A
copy of the grievance and appeal process shall be posted in a place readily
accessible to individuals. A copy of the grievance and appeal process shall be
provided to each individual at the time of admission to the program.
(2) A provider's process for grievances
shall, at a minimum, include the following:
(a) Individuals shall be encouraged to
informally resolve complaints through discussion with program staff; and
(b) If the individual is not
satisfied with the informal process or does not wish to use it, the individual
may proceed as follows:
(A) The individual
may submit a complaint in writing to the program administrator. The individual
may receive assistance in submitting the complaint from any person whom the
individual chooses. If requested by the individual, program staff shall be
available to assist the individual;
(B) The written complaint shall go directly
to the program administrator without being read by other program staff unless
the individual requests or permits other program staff to read the complaint;
(C) The complaint shall include
the reasons for the grievance and the proposed resolutions. No complaint shall
be disregarded because it is incomplete;
(D) Within five days of receipt of the
complaint, the program administrator shall meet with the individual to discuss
the complaint. The individual may have an advocate or other person of their
choosing present for this discussion;
(E) Within five days of meeting with the
individual, the program administrator shall provide a written decision to the
individual. As part of the written decision, the program administrator shall
provide information about the appeal process; and
(F) In circumstances where the matter of the
complaint is likely to cause irreparable harm to a substantial right of the
individual before the grievance procedures outlined in OAR
309-035-0183 are completed, the
individual may request an expedited review. The program administrator shall
review and respond in writing to the grievance within 48 hours. The written
decision shall include information about the appeal process.
(3) An individual, an
individual's legal representative, the Division or other Division-approved
party, and an applicant shall have the right to appeal admission, termination,
and grievance decisions as follows:
(a) If
the individual is not satisfied with the decision, the individual may file an
appeal in writing within ten days of the date of the program administrator's
decision to the complaint or notification of admission denial or termination;
and
(b) If program services are
delivered by a person or entity other than the Division, the appeal shall be
submitted to the CMHP director or designee in the county where the program is
located:
(A) The individual may receive
assistance in submitting the appeal. If requested by the individual, program
staff shall be available to assist the individual;
(B) The CMHP director or designee shall
provide a written decision within ten days of receiving the appeal; and
(C) If the individual is not
satisfied with the CMHP director's decision, the individual may file a second
appeal in writing within ten days of the date of the CMHP director's written
decision to the deputy director of the Division or designee. The decision of
the deputy director of the Division shall be final.
(c) If program services are delivered by the
Division, the appeal shall be submitted to the deputy assistant director or
designee:
(A) The individual may receive
assistance in submitting the appeal. If requested by the individual, program
staff shall be available to assist the individual;
(B) The deputy director or designee shall
review and approve or deny the appeal;
(C) The Division shall notify the individual
of the decision in writing within ten days after receipt of the appeal; and
(D) If the individual is not
satisfied with the deputy assistant director's or designee's decision, the
individual may submit a second appeal in writing within ten days of the date of
the written decision to the assistant director of the Division. The decision of
the assistant director of the Division shall be final.
Stat. Auth.: ORS
413.042,
443.450
Stats. Implemented: ORS
413.032,
443.400 -
443.465 &
443.991