Individual Grievance Policy

Policy: Each individual has a right to make a complaint/file a grievance if they feel that our facility or staff has violated any of the rights assured under this chapter. The director and/or manager will respond to a complaint within 24 hours, investigate the complaint, document the outcome in the facility’s files and submit a report to the state licensing agency, family or legal guardian and human rights.

Procedures:

The individuals have the following rights:

1. Have a timely and fair review of any complaint in accordance with this chapter and the program's human rights grievance policies and procedures.
2. Have someone file a complaint on his behalf.
3. Use these and other complaint procedures.
4. Make a complaint under any other applicable law.

• a. The individual will:
  1. Be contacted by the director or the director's designee regarding the complaint within 24 hours.
  2. Be protected from retaliation and harm.
  3. Have the complaint reviewed, investigated, and resolved as soon as possible.
  4. Receive a report with the director's decision and action plan within 10 working days.
  5. Be notified in writing of his right to and the process for appealing the director's decision and action plan.

• b. Upon receipt of a complaint, OTIK Health Care Services:
  1. Director and/or manager will 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 manager 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, OTIK Health Care Services grievance 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.
  8. Report the director's decision and action plan within 10 working days to the individual, authorized representative, if applicable, and human rights.

• d. OTIK Health Care Services grievance policies and procedures will be in writing and approved by the department prior to implementation.
  1. Ensure that anyone who believes that OTIK Health Care Services 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 will not retaliate against anyone filing a complaint or prevent anyone from filing or helping an individual file a complaint.
  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.
  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.
  7. Detail notification requirements and deadlines.
  8. Detail staff training requirements regarding the program's grievance process.

Additional requirements for complaints involving abuse, neglect, or exploitation:

1. The director and/or manager will take immediate steps to protect the individual until the investigation is complete.
2. Any instance of seclusion or restraint that does not comply with this chapter will be reported.
3. The director and/or manager will notify the department of an allegation of abuse or neglect within 24 hours.
4. The director and/or manager will ensure that the investigation is conducted by a trained person.
5. The investigator will provide a written report within 10 working days.
6. The director will decide whether abuse, neglect, or exploitation occurred.
7. The director and/or manager will submit the final decision and action plan within 10 working days.

f. If DDA concludes that there is substantial risk of serious harm, DDA will inform the director at OTIK Health Care Services.

g. The director will cooperate fully with any abuse or neglect complaint investigation conducted by local authorities.

h. If the director suspects that an abusive, neglectful, or exploitive act is a crime, they will immediately contact law enforcement.