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10.21.14.00.htm 10.21.14.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 21 MENTAL HYGIENE REGULATIONS Chapter 14 Resident Grievance System Authority: Health-General Article, ยง10-701(g) Annotated Code of Maryland
10.21.14.01.htm 10.21.14.01. 01 Scope.. These regulations govern the administrative process to be used to ensure that the rights of residents residing in the Mental Hygiene Administration facilities are protected. Although the residents and the legal assistance providers ultimately shall decide whether to invoke the Resident Grievance System, it is the intent that the Resident Grievance System provide a fair, efficient, and complete mechanism for receiving, investigating, and resolving resident complaints, inc
10.21.14.02.htm 10.21.14.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Central Review Committee" means the Department of Health and Mental Hygiene (DHMH) staff or their respective designees in the following positions:a) The Director of Mental Hygiene Administration;. b) The clinical director of Mental Hygiene Administration; and. c) The Director of the Resident Grievance System.. 2) "Chief executive officer (CEO) means the indivi
10.21.14.03.htm 10.21.14.03. 03 General Policies of the Resident Grievance System.. A. When invoked, and when the process provides a fair, efficient, and complete remedy for allegations of rights violations, a grievant, when involved, the grievant's LAP, and the facility shall follow the four-stage administrative procedure outlined in this chapter.B. Through a timely process of systematic and orderly stages as outlined in this chapter, all those involved in the RGS process shall give grievances
10.21.14.04.htm 10.21.14.04. 04 Duties of the Rights Advisors and Director of the RGS.. A. The rights advisor shall:. 1) Investigate all complaints in a professionally appropriate manner;. 2) Attempt to resolve grievances fairly and thoroughly;. 3) Prepare written reports for each grievance investigated;. 4) Maintain the RGS reports;. 5) Attempt to identify residents who may benefit from services offered by the LAP and:. a) Refer the residents identified to the LAP; and. b) Advise the LAP of the referrals;.
10.21.14.05.htm 10.21.14.05. 05 Procedures for Filing a Grievance.. A. A facility shall provide for a direct and effective means of communication between the residents and the rights advisor, including but not limited to communication by telephone and in person.B. The following may present a grievance to a rights advisor:. 1) A resident;. 2) An employee of a facility;. 3) A resident's family member;. 4) A LAP; or. 5) An interested person.. C. If the grievance is initiated orally, the rights advisor shall:.
10.21.14.06.htm 10.21.14.06. 06 Grievance Procedure Stage 1: Rights Advisor's Role.. A. Rights Advisor's Investigation and Mediation.. 1) The rights advisor shall respond to the grievance by meeting with:. a) The grievant;. b) The individual filing the grievance, if other than the resident;. c) The grievant's LAP, if involved; and. d) If applicable, any witness to the incident.. 2) Except for good cause, the rights advisor shall notify the grievant before reviewing the grievantB. The rights advisor shall:.
10.21.14.07.htm 10.21.14.07. 07 Grievance Procedure Stage 2: Unit Director's Response.. A. The unit director shall:. 1) Review the rights advisor's report;. 2) Discuss the matter with any individual involved; and. 3) Within 5 working days of receipt of the report, decide whether to:. a) Accept the rights advisor's report, completely or in part with respect to the facts as found; or. b) Modify or reject the recommendations made by the rights advisor.. B. The unit director shall write and forward a dec
10.21.14.08.htm 10.21.14.08. 08 Grievance Procedure Stage 3: CEO's Review with an Optional Review by the Residents' Rights Committee.A. If the grievant requests a review by the residents' rights committee before the CEO's review, the residents' rights committee shall:1) Meet within 15 working days of receipt of the grievance;. 2) Review the information obtained by the rights advisor;. 3) Review information presented by the grievant;. 4) Review the decision of the unit director;.
10.21.14.09.htm 10.21.14.09. 09 Grievance Procedure Stage 4: Central Review Committee Response.. A. The Central Review Committee:. 1) Shall meet within 10 working days of receipt of an appeal;. 2) Shall review all prior information concerning the grievance;. 3) May perform an investigation of the grievance which shall be accomplished within 10 additional working days; and4) At the request of the grievant, may sequester those who are presenting information to the Committee.B. For a grievance that i
10.21.14.10.htm 10.21.14.10. 10 Resident Grievance System Reports.. A. The Director of the RGS shall ensure that RGS reports:. 1) May not be released to other persons except as provided within this chapter; and. 2) Identify the alleged violations, the decision, and the remedy.. B. With the identity of those involved in the grievance deleted, the Director of the RGS shall ensure that the decisions on all 4th-stage grievances be:1) Included in the annual report of the RGS Director;.
10.21.14.11.htm 10.21.14.11. 11 Personnel Provisions.. A. A facility may not place the reports of the RGS in an employee's personnel file.. B. The rights advisor may not be a witness in an agency proceeding against an employee, unless the rights advisor is a first-hand witness to events being reviewed.C. If allegations are made against an employee:. 1) The rights advisor shall immediately give the employee and the employee's Department head a copy of the information relevant to the allegation; and
10.21.14.12.htm 10.21.14.12. 12 External Legal Action.. A. This chapter does not modify the resident's:. 1) Legal rights;. 2) Access to seek private legal counsel from attorneys not receiving funding for legal assistance from the Department of Health and Mental Hygiene; or3) Access to a court.. B. The Resident Grievance System is not governed by the contested case provisions of the Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland.
10.21.14.9999.htm 10.21.14.9999. Administrative History Effective date: March 28, 1994 (21:6 Md. R. 467). Regulation .02B amended effective January 26, 1998 (25:2 Md. R. 76).
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