Filing a Concern

Any customer may file a rights concern with our Customer Relations Office. Another person may file a concern on behalf of a customer.

Concerns may be filed with the Customer Relations Office by telephone, in person, or in writing. A person may ask any Community Mental Health employee or someone in the Customer Relations Office to help in filing a concern.

The person reporting the claim should supply the following information:

• The accusation.
• How the right (s) may have been violated.
• An explanation of the result the reporting party is seeking.

The Customer Relations Office shall:

• Provide written acknowledgement and a copy of the concern within five (5) days of its receipt.
• Provide complainant with a notice if no investigation is warranted.
• Initiate an investigation of apparent or suspected violations in a timely manner.
• Provide a complete the investigation within ninety (90) days of receipt of the concern.
• Investigate cases right away involving alleged abuse, neglect, serious injury, or the death of a customer.
• Issue a written status report to the complainant and agency every thirty (30) calendar days during the investigation.

After the Investigation

The agency’s Chief Executive Officer will send a written summary to the customer, person who filed the concern, and/or the legal representative. A written request for an appeal may be filed within forty-five (45) business days, based on one (1) of the following standards:

• Investigative finding is not consistent with the facts or with laws, rules, policies, or guidelines.
• The action taken or plan of action proposed by the respondent does not provide an adequate remedy.
• The investigation was not initiated or completed on a timely basis.

Advocacy groups may be available to assist the complainant in preparing a written appeal. If an advocacy group cannot be contacted, the Customer Relations Office shall:

Assistance in Filing an Appeal

• Assist the complainant in meeting the procedural requirements of a written appeal.
• Provide the complainant with information regarding the option of mediation .
• Within five (5) business days, the Appeals Committee will review the appeal to determine if it meets the criteria for appeal.
• The complainant will be notified in writing if the appeal is denied because it does not meet the criteria.
• If the appeal is accepted, the complainant will be given written notice and the agency given a copy of the appeal.
• The Appeals Committee shall meet within thirty (30) days to review the facts as stated in the investigation documents.

After an Appeal is Filed

After the review, the committee will choose to do one of the following:

• Uphold the investigative findings and the action taken or agree with the plan of action.
• Return the investigation to the office and request that the case be reopened or re-investigated.
• Uphold the investigative findings but recommend that additional or different action be taken to remedy the violation.
• Recommend that the Community Mental Health Board request an external investigation by the State Office of Recipient Rights.

The Appeals Committee shall document its decision in writing and provide copies of the decision, within ten (10) working days, to the complainant, customer, and/or legal representative.