Okla. Admin. Code § 450:15-3-45

Current through Vol. 42, No. 4, November 1, 2024

Section 450:15-3-45 - Consumer Grievance Policy and Procedures and local advocacy activities

Facilities shall have a written grievance policy that includes:

(1) A written notice of the grievance procedure is provided to each consumer or guardian and to an individual of the consumer's choice at admission;

(2) Time frames for the grievance procedures which allow for an expedient resolution of consumer grievance(s);

(A) Inpatient and residential programs shall be a seven (7) day timeframe;

(B) Outpatient, intensive outpatient and day treatment programs shall be a fourteen (14) day timeframe;

(C) Crisis stabilization, medical detoxification and social detoxification programs shall have a three (3) day timeframe;

(3) A procedure for advising the consumer he or she has the right to make a complaint to the facility's local advocate or the ODMHSAS Consumer Advocacy Division and the mechanism for contacting the Consumer Advocacy Division. 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;

(4) The procedure by which consumers are notified of the specific name(s) of the individual(s) responsible for coordinating the program's grievance procedure; 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. The individual responsible for or authorized to make decisions regarding grievances shall be impartial. In the instance where the decision making 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;

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

(6) ODMHSAS operated facility procedures shall include a process by which the consumer may appeal the grievance outcome to the Commissioner or designee;

(7) A mechanism to monitor the grievance process and improve performance based on outcomes;

(8) An annual review of the grievance policy and procedure including providing copies of updated grievance policy and procedure information to the Office of Consumer Advocacy when requested; and

(9) The ongoing monitoring of the grievance process and, based on outcomes, adjust and improve processes;

(10) 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.

Okla. Admin. Code § 450:15-3-45

Added at 10 Ok Reg 4093, eff 7-26-93; Amended at 15 Ok Reg 2743, eff 7-1-98; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2110, eff 7-1-03; Amended at 21 Ok Reg 1726, eff 7-1-04; Amended at 24 Ok Reg 1420, eff 7-1-07; Amended at 27 Ok Reg 1005, eff 7-1-10; Amended at 28 Ok Reg 903, eff 7-1-11; Amended at 29 Ok Reg 493, eff 7-1-12

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022