Okla. Admin. Code § 770:10-5-7

Current through Vol. 42, No. 8, January 2, 2025

Section 770:10-5-7 - Complaints to the central office of the Oklahoma Department of Veterans Affairs

The following applies to complaints filed with the ODVA:

(1) The ODVA shall provide to each Center a notice identifying the telephone number and location where complaints may be submitted. The Center shall post such notice in a conspicuous place outside the administrator's office area.

(2) Any person may submit a complaint to the ODVA in writing, by phone, or personally. The ODVA shall reduce to writing a verbal complaint received by phone or in person.

(3) If the complainant is a Center resident, the resident's representative, or a current employee of the facility, the ODVA shall keep the complainant's identity confidential. For other complaints the ODVA shall ask the complainant's preference regarding confidentiality.

(4) The ODVA shall receive and triage complaints and the complaints shall be classified and investigated according to the following priorities:

(A) A complaint alleging a situation in which the facility's noncompliance with state or federal requirements relating to nursing facilities has caused or is likely to cause serious injury, harm, impairment or death to a resident shall be classified as immediate jeopardy and shall be investigated by the ODVA within two (2) working days;

(B) A complaint alleging minimal harm or more than minimal harm to a resident but less than an immediate jeopardy situation shall be classified as actual harm and shall be investigated by the ODVA within ten (10) working days;

(C) A complaint alleging other than immediate jeopardy or actual harm to a resident but that represents a repeated or ongoing violation shall be classified as a continuing complaint and investigated within twenty-five (25) days; and

(D) A complaint alleging other than immediate jeopardy or actual harm to a resident shall be classified as a primary complaint and shall be investigated within thirty (30) days.

(5) In addition to scheduling investigations as provided above, the ODVA shall take necessary immediate action to remedy a situation that alleges a violation of any federal or state law or regulation, if that situation represents a serious threat to the health, safety and welfare of a resident.

(6) Investigations will be conducted in accordance with the policies, procedures, and regulations of the Oklahoma State Department of Health and the U.S. Department of Veterans Affairs.

Okla. Admin. Code § 770:10-5-7

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014