CLIENT RIGHTS AND GRIEVANCE
POLICY # 01.07.05.00

EFFECTIVE DATE: 01/2022

PURPOSE: To protect and enhance the rights of persons applying for or receiving addiction services or mental health services by establishing specific rights of clients and procedures for responsive and impartial resolution of client grievances as required under the Ohio Revised Code.

Policy:  It is the policy of the MHR Board that all consumers receiving any elements of the community-based continuum of care from an Ohio Department of Mental Health and Addiction Services (OhioMHAS) certified agency (regardless of payor source) are protected by specific rights as listed in Section 340.032(C) of the Ohio Revised Code and 5122:2-1-02 of the Administrative Code.

An individual with a grievance may contact the MHR Board’s designated Client Rights Officer (CRO) for a responsive and impartial review and assistance and in accordance with the following procedure.

The MHR Board shall assure that each of its contract providers has a grievance procedure in place which meets the requirements of 5122-26-18 of the Administrative Code.

A “grievance” for purposes of this Policy, is a complaint regarding denial or abuse of any client’s rights.

The MHR Board’s grievance procedures shall be available upon request.

PROCEDURES:

A.  A copy of this policy and procedures will be available to any person upon request.

B.  Any client or parent/legal guardian of a minor client receiving services from an OhioMHAS certified agency may file a grievance with the MHR Board’s designated CRO verbally or in writing, by a client, a resident of a residential facility or any other person on behalf of a client or resident of a residential facility.

C.  Upon receiving a complaint, the person making the complaint shall be directed by staff to the MHR Board’s CRO. Except:

1. If the grievance involves the MHR Boards CRO, the alternate CRO shall conduct the investigation, or

2. If the MHR Board’s CRO is unavailable, the grievance may be taken and handled by the alternate CRO.

3. The MHR Board Associate Director shall be designated as the CRO for the MHR Board. The alternate shall be the MHR  Board Executive Director. The location and availability of the CRO is 99 N. Sugar Street, St. Clairsville, OH 43950 between the hours of 8:30 a.m. and 4:30 p.m. Monday through Friday.

D.  The client or griever may present the grievance directly to the MHR Board CRO in writing or may submit as an appeal to the MHR Board CRO after failing to resolve the grievance at the agency level. A grievance filed with the MHR Board CRO shall not result in retaliation against any client or grievant.

E.  Upon receiving a grievance, the MHR Board CRO shall determine if an attempt for resolution had been made at the agency level. If this has not been done, the MHR Board CRO will contact the agency CRO immediately to see if a resolution can occur at the agency level. If the client or parent/guardian refuses to contact the agency CRO, the MHR Board CRO will follow the grievance procedures as described in item (E.1).

1. The client or parent/legal guardian will be asked to place the grievance in written form (Designated MHR Board Complaint Form) including the following information: name of client; name of grievant; subject of grievance; information about the grievance, including contacts with other staff to resolve the problem; and signature. The written grievance will be dated and logged. If assistance is needed or desired, the MHR Board’s CRO or Alternate will aid in filing the grievance.

2. Within the next twenty (20) working days allowed for the investigation of the grievance, the MHR Board’s CRO will do what is necessary to bring the grievance to a conclusion, including but not limited to, gathering the necessary facts and information and through discussion with all parties, reading records, and obtaining information. The MHR Board’s CRO will have full access to all agency information relevant and pertaining to the complaint as per contract, agency policy,  and/or per written permission from the client.

F.  If the complaint is determined to involve allegations of abuse or neglect or allegations where client(s) are in imminent danger, an investigation will proceed immediately, even without a signed release of information.

G.   If the complaint/allegations made are believed to be criminal in nature, the MHR Board’s CRO shall immediately notify the appropriate law enforcement agency, other appropriate oversight agencies, and complete required reports. The MHR Board’s CRO is not excused from completing the investigation within the time frames required by the 5122-26-18 of the Administrative Code, but may be required to adjust the investigation timeframes so as not to interfere with any criminal investigations or possible prosecution.

H.   The MHR Board’s CRO may involve or consult any appropriate individual the MHR Board’s CRO feels is needed as long as that person is not a target of the investigation.

1. The MHR Board’s CRO is authorized and expected to make a report to the appropriate licensing authority of the professional who is being investigated as appropriate.

I.   Upon resolution, a letter summarizing the complaint, investigation, and results, including any action taken, will be sent to        the client or to the griever if other than the client, the agency and other agencies as appropriate.

1. Letters will only be sent to other parties if the client has signed and properly executed an appropriate release of    information.

J.   The complainant shall receive a written statement that they have the right to initiate a complaint with any or all the  following: Ohio Department of Mental Health and Addiction Services (OhioMHAS), the Ohio Protection and Advocacy            System (Disability Rights Ohio) or the U.S. Department of Health and Human Services.

1. The statement shall also include a list of appropriate professional licensing or regulatory boards’ relevant names, addresses, and telephone numbers.
2. Upon request, the MHR Board shall provide relevant information about the complaint to one or more of the organizations listed in this section upon the provision of a written release of information (unless disclosure is permitted by state or federal law).

K.  The MHR Board shall collect information regarding grievances filed at the MHR Board and each agency on a minimum of an annual basis. This information will be reviewed and summarized by the MHR Board CRO.

L.   If a question arises during a review by the MHR Board CRO concerning one of the agencies grievances, the MHR Board’s      CRO will work with the agency’s CRO to resolve any questions and/or issues.

M.  If the grievance remains unresolved to the client’s/griever’s satisfaction, the client or griever will be advised and referred to the Ohio Department of Mental Health and Addiction Services, Ohio Department of Alcohol and Drug Addiction                  Services, Disability Rights Ohio, the U. S. Department of Health and Human Services, and appropriate professional licensing or regulatory associations. The MHR Board’s CRO may assist the client or griever with the current phone numbers and addresses of the aforementioned resources.

N.  The MHR Board shall keep records of each grievance it receives, the subject of the grievance, and the resolution status of the grievance for the period required in the Records Retention and Disposition Policy (RC-2). It shall also assure the availability of these records for review by OhioMHAS upon request. The MHR Board shall summarize this information annually.