12 Va. Admin. Code § 35-115-140

Current through Register Vol. 41, No. 2, September 9, 2024

Section 12VAC35-115-140 - Complaint and fair hearing

A. Each individual has a right to:

1. Complain that the provider has violated any of the rights assured under these regulations;

2. Have a timely and fair review of any complaint according to the procedures in Part V (12VAC35-115-150 et seq.) of this chapter;

3. Have someone file a complaint on his behalf;

4. Use these and other complaint procedures; and

5. Complain under any other applicable law, including complain to the protection and advocacy agency.

B. The provider's duties.

1. If an individual makes a complaint, the provider shall make every attempt to resolve the complaint at the earliest possible step.

2. Providers shall not take, threaten to take, permit, or condone any action to retaliate against anyone filing a complaint or prevent anyone from filing a complaint or helping an individual to file a complaint.

3. Providers shall assist the complainant in understanding the full complaint process, the options for resolution including the formal and informal processes, and the confidentiality elements involved.

12 Va. Admin. Code § 35-115-140

Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 23, Issue 25, eff. September 19, 2007.

Statutory Authority

§§ 37.2-203 and 37.2-400 of the Code of Virginia.