Current through Register Vol. 24-18, September 15, 2024
(1) Department
grievance procedures shall consist of an optional informal discussion process
and a formal process.
(a) Any resident, his or
her appointed representative, family member or advocate may file a grievance
related in any way to the state veterans home, another resident or a state
veterans home staff.
(i) Filing. Grievance may
be filed either orally or in writing to designated social work staff. Any oral
grievance shall be reduced to writing by the staff receiving the
grievance.
(ii) Grievances must be
filed within fourteen days of the event or discovery of the event being
grieved. This deadline may be extended for good cause at the discretion of the
designated social work staff.
(iii)
Grievance forms are available and located in easily accessed locations
throughout the state veterans home. Completed grievance forms must be signed by
the resident or individual filing the grievance on behalf of the resident and
forwarded to designated social work staff for investigation.
(b) A resident shall not be
subject to discipline or retaliation for participating in any manner in the
state veterans home's grievance process.
(c) Residents are not prohibited from
requesting an adjudicative proceeding or from filing a grievance with any state
client advocacy group such as the state survey and certifications agency or the
state ombudsman program at any time during the grievance resolution
process.
(2) Informal
discussion process. Residents are encouraged to attempt to resolve grievances
through an informal discussion with individuals who are involved. A grievance
investigator shall facilitate such a discussion upon request.
(3) Formal grievance process.
(a) Investigation. Designated social work
staff shall investigate all grievances received.
(i) In accordance with federal regulations at
42 C.F.R. § 483.13 and C.F.R. § 51.90, the medicaid certified nursing
facility shall:
(A) Ensure that all alleged
violations involving mistreatment, neglect, or abuse, including injuries of
unknown source, and misappropriation of resident property are reported
immediately to the superintendent and to other officials in accordance with
federal and state law through established procedures (including the federal and
state survey and certification agencies);
(B) Have evidence that all alleged violations
are thoroughly investigated; and
(C) Prevent further potential abuse while the
investigation is in progress.
(ii) The results of all investigations shall
be reported to the superintendent or his/her designated representative and to
other officials in accordance with federal and state law (including to the
federal and state survey and certification agencies) within five working days
of the incident, and if the alleged violation is verified, appropriate
corrective action must be taken.
(b) At any point in the grievance process, a
resident may choose to have another individual (including the resident council
grievance committee, if one exists) to advocate on his/her behalf and/or
accompany him/her to any investigative interviews.
(c) The grievance investigation shall be
completed within seven days of receipt of the written grievance by the
designated social work staff.
(d)
The resident and/or person filing the grievance on behalf of the resident shall
be informed in writing of the results of the investigation and the actions that
will be taken to correct any identified problems.
(e) The grievance investigation shall be
conducted in such a manner as to maintain the confidentiality of the resident.
Should the resident request assistance of an outside resident advocate, access
to the resident's clinical or personal files shall be granted only with the
written authorization from the resident.
(4) Should the resident not be satisfied with
the results of the investigation or the recommended actions, he/she may request
a review by the superintendent.
(a) Such a
request shall be made in writing and submitted within seven days of receipt of
the notice of the results of the grievance investigation.
(b)The superintendent shall consider all
available information related to the grievance and issue a written decision on
the matter within fourteen days of receipt of the review request.
(c) The superintendent's decision is final
except when the resident chooses to access the dispute settlement process
allowed in WAC 484-20-105.
(5) Upon admission, each resident or his/her
appointed representative shall receive oral and written information related to
the state veterans home's grievance procedure. Posters informing residents of
the state veterans home's grievance procedure and listing names and phone
numbers of state veterans home staff and outside resident advocates who are
available to assist with grievance resolution shall be placed in locations
within each state veterans home where they are easily visible to
residents.
Statutory Authority: RCW 43.60A.070 and chapter 72.36 RCW. 94-22-050, §
484-20-111, filed 10/31/94, effective 12/1/94.
