SECTION 130:14-1-6. Grievances

(a)   A staff member shall serve as Patient Advocate with the specific duty of resolving problems with patients and their households.

(b)   The purpose of the patient grievance system is to provide an effective means whereby a patient, who is experiencing a problem that is affecting the patient's adjustment and progress toward habilitation, may seek help in resolving that problem.

(c)   Patients shall receive an orientation about the grievance system from the Center's social workers. Initial orientation shall be supplemented at some later date by additional training in grievance system usage, as needed.

(d)   Patients shall not be discouraged or delayed from filing a grievance. Patient problems shall be dealt with promptly to prevent the escalation of the grievance into serious problems and dangerous situations. Center personnel shall attempt to resolve grievances at the lowest level and in the quickest time possible. It is the staff's duty to alleviate the problem as quickly and efficiently as possible.

(e)   A patient, or any person acting on behalf of a patient, including staff, may file a complaint alleging abuse or neglect by staff. Grievances may include matters involving the substance or application of any written or unwritten policy, or rule of the Center or of an agent or contractor of the Center, or any decision, behavior or action by an employee, agent or contractor or by other patients at the Center.

(f)   The grievance procedures shall provide for a sure, but reasonable, access to the system by all patients at all times. When the filing of a grievance would disrupt the daily scheduled activities of the Center, the grievance shall be received at the earliest practical time.

(g)   The grievant may present the grievant's side of the issues. This right extends to all parties to the grievance. All parties have the right to present not only their contentions, but also to present suggestions for resolving the grievance.

(h)   An initial response to a grievance shall be made promptly following the submission of the grievance, with the exception of weekends and holidays. The initial response shall notify the patient that the grievance has been received and that the grievance officer shall set up a meeting to discuss the problem with the patient.

(i)   Responses to a grievance shall address the grievance such that the patient is able to know that the patient's problem was understood and that attempts were made to resolve the grievance. Responses shall include the names of those participating in any meeting, the date of the meetings, the topics discussed and the offered resolution. The staff shall strive to make the resolution permanent and be one that completely resolves the problem in such a manner as to permit the resolution of similar problems that might arise in the future.

(j)   The patient shall be informed and encouraged to appeal decisions that the patient believes to be unsatisfactory. A grievant that is dissatisfied with the resolution to a filed grievance may appeal the grievance first to the Director and then to the Commission.

(k)   Appeals to the Commission are required when there is a determination made that the satisfactory resolution to the grievance requires consideration of a policy, procedure, or budgetary amendment which is beyond the directors scope of authority. Appeals to the Director are required where there is a finding that the satisfactory resolution of the grievance is beyond the staff member's authority.

(l)   If a patient at the Center who is in the custody of the Department of Human Services has not accepted the resolution of the Commission, the Grievance Coordinator shall immediately forward the grievance, together with the proposed resolution and all supporting documentation, to the Office of Advocate Defender of the Department of Human Services.

(m)   The fact that a patient files a grievance shall not be considered in any administrative decision concerning the patient, nor shall any copy of the grievance reporting document be placed in the patient's case file or medical record. Patients who use the system shall not be treated in any different manner from any other patient.

[Source: Added at 19 Ok Reg 2610, eff 7-11-02; Amended at 27 Ok Reg 2467, eff 7-25-10]