Section 388-877-0605 - DBHR complaint process Any individual or the individual's representative may use the division of behavioral health and recovery's (DBHR's) complaint process to express concern or dissatisfaction with some aspect of a behavioral health service. See WAC 388-877-0200 for terms and definitions used in this section that apply to the complaint process.
(2) If DBHR conducts a complaint investigation in order to resolve a complaint, agency representatives must cooperate to allow DBHR representatives to: (a) Examine any part of the facility at reasonable times and as needed.(b) Review and evaluate agency records, including but not limited to: (i) An individual's clinical record and personnel file; and(ii) The agency's policies, procedures, fiscal records, and any other documents required by DBHR to determine compliance and to resolve the complaint; and(c) Conduct individual interviews with staff members and individuals receiving services.(3) An agency or agency provider must not retaliate against any: (a) Individual for making a complaint with DBHR or being interviewed by DBHR about a complaint. Examples of retaliation include, but are not limited to: (i) Restricting access to a treatment program;(ii) Restricting access to the individual involved with the complaint issue;(iii) Increasing or threatening to increase charges for services;(iv) Decreasing or threatening to decrease services, rights, or privileges;(v) Taking any action that coerces or compels the individual to leave the facility or to stop receiving services; and(vi) Abusing or harassing, or threatening to abuse or harass the individual.(b) Person representing the individual.(c) A witness involved in the complaint issue.(d) An employee of the agency.(4) Under WAC 388-877-0365, DBHR may assess an agency a one thousand dollar fee for the cost of a complaint investigation. Reasons for assessing the fee include, but are not limited to: (a) Any allegation within the complaint being substantiated; or(b) DBHR's finding that the individual, an individual's representative, a witness, or employee of the agency experienced an act of retaliation by the agency as described in subsection (3) of this section during or after a complaint investigation.Wash. Admin. Code § 388-877-0605
Adopted by WSR 15-14-058, Filed 6/25/2015, effective 7/26/2015Amended by WSR 16-13-087, Filed 6/15/2016, effective 7/16/2016Amended by WSR 18-06-043, Filed 3/1/2018, effective 4/1/2018