Virginia Administrative Code
Title 12 - HEALTH
Agency 35 - DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Chapter 115 - REGULATIONS TO ASSURE THE RIGHTS OF INDIVIDUALS RECEIVING SERVICES FROM PROVIDERS LICENSED, FUNDED, OR OPERATED BY THE DEPARTMENT OF BEHAVIORAL
Part III - Explanation of Individual Rights and Provider Duties
Section 12VAC35-115-140 - Complaint and fair hearing
Universal Citation: 2 VA Admin Code 35-115-140
Current through Register Vol. 41, No. 3, September 23, 2024
A. Each individual has a right to:
1. Complain that
the provider has violated any of the rights assured under these
regulations;
2. Have a timely and
fair review of any complaint according to the procedures in Part V
(12VAC35-115-150 et seq.) of this
chapter;
3. Have someone file a
complaint on his behalf;
4. Use
these and other complaint procedures; and
5. Complain under any other applicable law,
including complain to the protection and advocacy agency.
B. The provider's duties.
1. If an individual makes a complaint, the
provider shall make every attempt to resolve the complaint at the earliest
possible step.
2. Providers shall
not take, threaten to take, permit, or condone any action to retaliate against
anyone filing a complaint or prevent anyone from filing a complaint or helping
an individual to file a complaint.
3. Providers shall assist the complainant in
understanding the full complaint process, the options for resolution including
the formal and informal processes, and the confidentiality elements
involved.
Statutory Authority
§§ 37.2-203 and 37.2-400 of the Code of Virginia.
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