Client Rights/Grievance Policy

Washington County Mental Health & Addiction Recovery Board:

Client Rights and Client Grievance Procedures

(Revised August 2003, Board approved Oct. 24, 1997)

Contract Agency Client Rights Policy and Client Grievance Procedures:

1. The Board shall assure that each contract agency maintain client rights policies and client grievance procedures which shall be approved by ODMH and ODADAS.
2. Contract agencies shall submit complete client rights policies and client grievance procedures to the Board and shall inform the Board immediately of changes in policies, procedures or personnel performing the function of client rights officer.
3. Contract agencies shall maintain records of staff orientation and training in client rights policies and procedures.
4. The Board shall be given access, upon request, to contract agency client rights and client grievance records for the purpose of addressing client rights complaints or client grievances which are presented to the Board.

Washington County Mental Health & Addiction Recovery Board Client Rights Policy and Client Grievance Procedures:

1. The Board shall maintain a client rights policy and client grievance procedures which shall address client complaints and grievances.
2. The Board’s Associate Director shall be designated as the Board’s Client Rights Officer (CRO) and shall receive written or verbal complaints during regular business hours on Monday through Friday at the Board’s office.
3. The CRO shall accept and facilitate the investigation and resolution of complaints and grievances which are presented to the Board. The CRO may take all actions consistent with Board policy and procedures to investigate and resolve complaints or grievances.
4. The Board shall forward to the Ohio Department of Mental Health (ODMH) and the Ohio Department of Alcohol and Drug Addiction Services (ODADAS) an annual summary of the number, type and resolution status of all grievances presented to the Board and Board contract agencies.
5. Copies and an explanation of the Boards Client Rights Policy and Client Grievance Procedures shall be available to any person upon request.
6. The Board shall annually review contract agency implementation of client rights policies and client grievance procedures. As a part of this review, contract agencies shall annually forward to the Board a summary of:
• the number of grievances submitted
• the type of grievances
• the resolution status of grievances filed
7. Each Board contract agency shall include provisions within the grievance procedure for the following:
1. Assistance in filing the grievance if needed by the griever, investigation of the  grievance on behalf of the griever and agency representation for the griever at the agency hearing on the grievance if desired by the griever. The grievance procedures shall clearly specify the name, title, location, hours of availability and telephone number of the person(s) designated to provide the above activities.
2. An explanation of the process from the original filing of the grievance to the final resolution, which shall include reasonable opportunity for the griever and/or his designated representative to be heard by an impartial decision-maker and/or committee.
3. A specification of time limits for resolving the grievance, not to exceed twenty working days from the date of filing the grievance.
4. A specification that written notification and explanation of the resolution will be provided to the client, or to the griever if other than the client, with the client’s permission.
5. Opportunity to file a grievance within a reasonable period of time from the date the grievance occurred.
6. A statement regarding the option of the griever to initiate a complaint with any or all of several outside entities, specifically the Board, ODMH, ODADAS, Ohio Legal Rights Service, The U.S. Department of Health and Human Services and appropriate professional licensing or regulatory associations. The relevant addresses and telephone numbers shall be included.
7. Provisions for providing, upon request, all relevant information about the grievance to one or more of the organizations specified in paragraph 7-f of this rule to which the griever has initiated a complaint.
8. Each contract agency shall make provision for posting the grievance procedure in a conspicuous place and for distributing a copy of the written grievance procedure to each client or representative upon request.
9. Each contract agency shall make provision for the prompt accessibility of the client rights officer to the griever and shall provide alternative arrangements for situations in which the client rights officer is the subject of the grievance.
10. Each agency shall ensure that each staff person (including administrative, clerical and support staff) understands his/her responsibility to immediately advise any client or any other person who is articulating a concern, complaint or grievance, the name and availability of the agency’s client rights officer and the client’s right to file a grievance.
11. Each agency shall provide for the client rights officer to take all necessary steps to ensure compliance with the grievance procedure.
12. The agency client rights officer shall ensure the keeping of records of grievances received, the subject matter of the grievances and the resolution of the grievances. These records shall be available for review by the Board upon request.

Client Rights and Abuse:

1. Each contract agency shall develop policies and procedures regarding staff neglect and/or abuse of persons served including, but not limited to, the following requirements:
1. Each allegation of staff neglect and/or abuse, regardless of the source, shall be investigated. The written results of the investigation shall be reviewed by the Executive Director of the agency. The agency shall maintain documentation of the findings of the investigation and of the action taken.
2. The agency shall report any allegation of staff neglect and/or abuse to the Board within 24 hours of the event and shall communicate the results of the investigation to the Board.
3. In situations involving child or adult abuse, any notification required by law shall be made to the appropriate authorities.
2. Each agency shall have written policies and procedures that are consistent with state law and with the ODMH and ODADAS guidelines regarding rights of persons served (e.g., HIV).

Client Grievance Procedures:

1. If a client of a contract agency of the Washington County Mental Health & Addiction Recovery Board should believe that any of his/her client rights have been violated by a Board contract agency, the client or the client’s chosen representative may present a complaint to the Board’s Associate Director who shall be designated as the Board’s Clients Rights Officer (CRO). The CRO may be contacted at (614) 374-6990.
2. The CRO shall investigate the complaint by contacting the contract agency director (and other personnel as necessary), and by reviewing all appropriate records, and shall respond, in writing, to the client or representative within five (5) working days from the receipt of the original complaint. This response shall include an explanation of the decision. The client or client’s legal guardian must sign a valid release of information form prior to the client’s agency records being made available to the CRO.
3. The initial response (unless circumstances contraindicate this choice) shall recommend that the client pursue the agency’s internal grievance procedure. The response shall also inform the client of his/her formal grievance rights with the Board and the procedure for submitting a formal grievance.
4. If this response is unacceptable or if the client has unsuccessfully exhausted the agency’s internal grievance procedure, the client or representative shall be informed that he/she may submit a formal grievance to the CRO.
5. The client or representative must submit the grievance in writing to the Board’s CRO who shall assist the client or representative in filing the grievance if requested.
6. The grievance shall be submitted to the Board’s Consumer Liaison Committee (Committee) who shall review the grievance within ten (10) working days from the date of the submission. The Committee shall communicate a final written disposition to the client or representative and the Board within five (5) working days from the date of the review. The griever and/or representative and agency representatives may attend this hearing.
7. If this resolution is unacceptable to the client or representative, the Board’s CRO shall notify the client or representative, in writing, that he/she may further grieve his/her issue with:

   Ohio Department of Mental Health
   30 East Broad Street, Suite 1180
   Columbus, Ohio43266-0414
   (614) 466-2596

   Ohio Department of Alcohol and Drug Addiction Services
   Two Nationwide Plaza
   280 North High Street, 12^th Floor
   Columbus, Ohio 43216
   (614) 466-3445

   Ohio Legal Rights Services
   8 East Long Street, 6^th Floor
   Columbus, Ohio 43215
   1-800-282-9181

   U.S. Department of Health and Human Services
   Office of Civil Rights, Region V
   233 N. Michigan Avenue
   Suite 204
   Chicago, Illinois 60601
   (312) 886-5078

   These and other appropriate organizations may submit a written request for documents regarding a formal grievance. Each request must be accompanied by a valid release of information form signed by the client or representative.
8. The CRO shall record each complaint or grievance, including the resolution or status of the complaint or grievance, and shall retain these records indefinitely.