Md. Code Regs. 10.21.17.16

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.21.17.16 - Complaints

A. A program shall develop and implement an internal process for the prompt and objective resolution of complaints related to services provided that may be presented by an individual.

B. The program shall prominently display, in accessible centralized locations, the written description of the complaint process.

C. A program shall:

(1) Prepare the document describing the program's complaint process;

(2) Include as part of the written complaint process a form for the individual's use when filing a complaint, and a process by which, if requested by the individual, a program staff member or individual chosen by the individual receiving services, can assist in its completion; and

(3) Provide a copy of the program's complaint process for each individual:

(a) During the individual's orientation; and

(b) At any time upon an individual's request.

D. A program shall include in the complaint process required by §A of this regulation the procedures for registering and responding to the complaints in a timely fashion, which:

(1) Require a complaint to be reviewed by the program and, if applicable, the CSA, within 30 calendar days of the program's receipt of the complaint;

(2) Allow participation by others designated by the individual;

(3) Allow information to be presented to support the individual's position;

(4) Ensure the participation of the program staff members who have the authority to implement corrective action;

(5) Require documentation of the substance of the complaints and the actions taken;

(6) Include a review which:

(a) Provides an opportunity, if the individual chooses, to have the individual's complaint reviewed by the CSA director or the CSA director's designee;

(b) Requires the program, before making a final determination, to collaborate with the CSA to address the individual's complaint; and

(7) Include written notification of the program's determination to:

(a) The individual who filed the complaint; and

(b) If the program's final determination conflicts with the CSA's opinion, the Administration.

E. If the program's final determination conflicts with the CSA's opinion, the Administration may review the complaint as indicated.

F. Unless the individual presents a serious risk to self or others, the program shall postpone taking action until the recommendations of the CSA and the Administration have been made, if applicable.

Md. Code Regs. 10.21.17.16

Regulations .16 adopted effective January 14, 2008 (35:1 Md. R. 19)