SECTION 450:15-3-85. Resident Grievance Policy & Procedures

  Each RCF shall have a written grievance policy and procedure providing for, but not limited to, the following:

(1)   Written notice of the procedure provided to the resident and, if involved with the resident, to family members or significant others.

(2)   Time frames for the grievance policy's procedures which allow for resolution within fourteen (14) days.

(3)   Name(s) of the individual(s) who are responsible for coordinating the grievance policy; the individual responsible for or authorized to make decisions for resolution of the grievance and the specific name(s) of the individual(s) acting as the facility's local advocate. In the instance where the decision maker is the subject of a grievance, decision making authority shall be delegated. The designated local advocate shall work with facility staff and contractors to ensure the needs of consumers are met at the lowest level possible and that consumer rights are enforced and not violated.

(4)   Procedure by which a notice is provided to the resident advising that he or she has a right to make a complaint to the Local Advocate or the ODMHSAS Office of Consumer Advocacy. A consumer shall have unimpeded and confidential access to the facility's local advocate and the ODMHSAS Office of Consumer Advocacy. No policy or procedure shall require contact with the facility's local advocate prior to contacting the ODMHSAS Office of Consumer Advocacy.

(5)   Mechanism to monitor the grievance process and improve performance based on outcomes.

(6)   Annual review of the grievance policy and its implementing procedures, with revisions as needed to improve.

(7)   The provision of written notification to the consumer of the grievance outcome and the mechanism by which an individual may appeal the outcome.

(8)   The individual(s) designated as a facility's local advocate shall be responsible for coordinating and monitoring the facility's advocacy activities and contacts with the ODMHSAS Office of Consumer Advocacy. Duties of the facility's local advocate shall include, but is not limited to:

(A)   Serve as the on-sight advocate for consumers being treated or under the care of the program or facility and act as a liaison to the ODMHSAS Office of Consumer Advocacy. Such activities may include

(i)   Assist consumers in filing grievances;

(ii)   Serve as resource for consumers for questions or information dissemination about the facility, admission and discharge processes, or other basic human needs while in treatment; and

(iii)   Make contact with consumers involved in or who witness Critical Incidents or Sentinel Events while in treatment to ensure needs are being met.

(B)   Serve as facility or program liaison to the Office of Consumer Advocacy in advocacy activities.

[Source: Added at 21 Ok Reg 1726, eff 7-1-04; Amended at 29 Ok Reg 493, eff 7-1-12]