Current through Register Vol. 41, No. 3, September 23, 2024
A. Each individual has a right to:
1. Make a complaint that the provider has
violated any of the rights assured under this chapter;
2. Have a timely and fair review of any
complaint in accordance with this chapter and the program's human rights
complaint resolution policies and procedures;
3. Have someone file a complaint on his
behalf;
4. Use these and other
complaint procedures; and
5. Make a
complaint under any other applicable law, including to the protection and
advocacy agency.
B. The
individual shall:
1. Be contacted by the
director or the director's designee regarding the complaint within 24
hours;
2. Have access to a human
rights advocate for assistance with the complaint;
3. Be protected from retaliation and
harm;
4. Have the complaint
reviewed, investigated, and resolved as soon as possible;
5. Receive a report with the director's
decision and action plan within 10 working days; and
6. Be notified in writing of his right to and
the process for appealing the director's decision and action plan to the
LHRC.
C. Upon receipt of
a complaint, providers shall:
1. Notify the
department of the complaint as soon as possible, but no later than the next
business day;
2. Ensure that the
director or the director's designee contacts the individual regarding the
complaint within 24 hours;
3.
Initiate an impartial investigation into, or resolution of, the complaint as
soon as possible, but no later than the next business day;
4. Take all steps necessary to ensure that
individuals involved in the complaint are protected from retaliation and
harm;
5. Assist the individual
making a complaint in understanding the human rights complaint process, the
provider's complaint resolution policies and procedures, and the
confidentiality of involved information;
6. Ensure that all communications to the
individual are in the manner, format, and language most easily understood by
the individual;
7. Adhere to the
reporting requirements in
12VAC35-115-230;
and
8. Report the director's
decision and action plan within 10 working days to the individual, authorized
representative, if applicable, and human rights advocate.
D. All providers shall have complaint
resolution policies and procedures that address all of the requirements of
subsections C and E of this section.
E. Provider complaint resolution policies and
procedures shall be in writing and approved by the department prior to
implementation. The policies and procedures shall:
1. Ensure that anyone who believes that a
provider has violated an individual's rights under this chapter can report it
to the director or the human rights advocate for resolution;
2. Ensure that employees shall not take,
threaten to take, permit, or condone any action (i) to punish or retaliate
against anyone filing a complaint or (ii) to prevent anyone from filing or
helping an individual file a complaint either under this chapter or with an
outside entity;
3. Ensure that
every attempt is made to resolve an individual's complaint as quickly as
possible;
4. Provide opportunities
for timely negotiation and resolution for all complaints, including the
additional requirements related to abuse, neglect, or exploitation in
subsection F of this section;
5.
Establish a process for designating the director's responsibilities to ensure
timely complaint reporting and resolution;
6. Detail the program's complaint review or
investigation process, including (i) specific actions the program will take to
protect the individual and gather and document relevant information and (ii)
how and when the individual and his authorized representative, if applicable,
will receive updates on the progress of the review;
7. Detail notification requirements and
deadlines including procedures for providing:
a. The program's complaint policies and
procedures to all individuals and authorized representatives at admission to
service; and
b. Written
notification to the individual regarding his right to and the process to appeal
the director's decision and action plan to the LHRC; and
8. Detail staff training requirements
regarding the program's complaint resolution process and
requirements.
F.
Additional requirements for complaints involving abuse, neglect, or
exploitation:
1. The program director shall
take immediate steps to protect the individual until the investigation is
complete, including appropriate personnel actions.
2. Any instance of seclusion or restraint
that does not comply with this chapter or an approved variance, or that results
in injury to an individual, shall be reported to the authorized representative,
as applicable, and the department in accordance with the requirements for
reporting allegations of abuse.
3.
The program director shall notify the department and authorized representative,
if applicable, of an allegation of abuse or neglect within 24 hours of the
receipt of the allegation.
4. The
program director shall ensure that the investigation is conducted by a person
trained to do investigations and who is not involved in the issues under
investigation.
5. The investigator
shall provide a written report of the results of the investigation of abuse or
neglect to the director and to the human rights advocate within 10 working days
from the date the investigation began unless an extension has been
granted.
6. The program director
shall decide, based on the investigator's report and any other available
information, whether the abuse, neglect, or exploitation occurred. Unless
otherwise provided by law, the standard for deciding whether abuse, neglect, or
exploitation has occurred is preponderance of the evidence.
7. The program director shall submit the
final decision and action plan, if applicable, to the individual, authorized
representative, if applicable, and human rights advocate within 10 working days
of its completion.
G. If
the human rights advocate concludes that there is substantial risk that serious
or irreparable harm will result if the complaint is not resolved immediately,
the human rights advocate shall inform the director, the provider's governing
body, and the LHRC. The LHRC shall conduct a hearing according to the special
procedures for emergency hearings in
12VAC35-115-190.
H. The director shall cooperate fully with
any abuse or neglect complaint investigation conducted by a local department of
social services.
I. If at any time
the director has reason to suspect that the abusive, neglectful, or exploitive
act is a crime and that it occurred on the program premises, the director or
designee shall immediately contact the appropriate law-enforcement authorities
and cooperate fully with any investigation that may result.
Statutory Authority §§
37.2-203
and
37.2-400
of the Code of Virginia.
