Haw. Code R. § 11-175-34 - Right of access to a grievance procedure

(a) Mental health and substance abuse programs shall establish grievance policies and procedures for consumers and others on their behalf who allege violations of legally protected rights or have complaints concerning these rights. Such policies and procedures shall include mechanisms for

(1) Informing consumers, parents of minor consumers, attorneys-in-fact and legal guardians, if any, upon admission, of the grievance procedure;

(2) Informal dealing with and resolving verbal complaints;

(3) Acknowledging and investigating written grievances;

(4) Providing timely, appropriate, and adequate remedial action if it is determined that a right has been violated;

(5) Informing the complainant in writing of the progress and results of an investigation, including any remedial actions taken, within 15 working days of receiving the complaint and every 15 working days thereafter, until the complaint is resolved;

(6) Informing the complainant about how to appeal to external advocates if still dissatisfied.

(b) Any individual may petition the department for a declaratory ruling involving application of a statute or rule as provided for in section 91-8, HRS.

(c) Appeals filed by dissatisfied complainants shall be investigated and the complainant shall be informed of the progress and results of the investigation, including any remedial action taken, within 30 working days of receipt of the appeal and every 30 days thereafter, until resolved.

(d) Each service area center, Hawaii State Hospital, and provider shall designate a person as the rights advisor to consumers and staff.

(e) Consumers shall be informed by program administrators of the activities of advocacy agencies willing to act on behalf of consumers and how to contact such agencies and programs.

Notes

Haw. Code R. § 11-175-34

[Eff. and comp DEC 30 1988; Comp OCT 19 2007] (Auth: HRS § 321-9) (Imp: HRS § 334E-2)