Iowa Admin. Code r. 481-67.11 - Complaint and program-reported incident report investigation procedure
(1)
Complaints. The process for filing a complaint is as follows:
a. Any person with concerns regarding the
operation or service delivery of a program may file a complaint with the
Department of Inspections and Appeals, Complaints Unit, Lucas State Office
Building, Third Floor, 321 E. 12th Street, Des Moines, Iowa 50319-0083; by use
of the complaint hotline, 1-877-686-0027; by facsimile sent to (515)281-7106;
or through the website
address:dia-hfd.iowa.gov/DIAHFD/Home.do.
b. When the nature of the complaint is
outside the department 's authority, the department shall forward the complaint
or refer the complainant, if known, to the appropriate investigatory
entity.
c. The complainant shall
include as much of the following information as possible in the complaint: the
complainant's name, address and telephone number; the complainant's
relationship to the program or tenant ; and the reason for the complaint. The
complainant's name shall be confidential information and shall not be released
by the department . The department shall act on anonymous complaints unless the
department determines that the complaint is intended to harass the program . If
the department , upon preliminary review, determines that the complaint is
intended as harassment or is without reasonable basis, the department may
dismiss the complaint.
(2)
Program -reported incident
reports. When the program is required pursuant to applicable
requirements to report an incident, the program shall make the report to the
department via:
a. The web-based reporting
tool accessible from the following Internet site,
dia-hfd.iowa.gov/DIAHFD/Home.do, under the
"Complaints" tab;
b. Mail by
sending the complaint to the Department of Inspections and Appeals, Complaints
Unit, Lucas State Office Building, Third Floor, 321 E. 12th Street, Des Moines,
Iowa 50319-0083;
c. The complaint
hotline, 1-877-686-0027; or
d.
Facsimile sent to (515)281-7106.
(3)
Time frames for investigation of
complaints or program -reported incident reports. Upon receipt of a
complaint or program -reported incident report made in accordance with this
rule, the department shall conduct a preliminary review of the complaint or
report to determine if a potential regulatory insufficiency has occurred. If a
potential regulatory insufficiency exists, the department shall institute a
monitoring of the program within the following time frames: within 2 working
days of receipt of the complaint or incident report if there is the possibility
of immediate danger, including that the potential regulatory insufficiency has
caused or is likely to cause serious injury, harm, impairment, or death to a
resident; or within 20 working days of receipt of the complaint or incident
report if the potential regulatory insufficiency has caused or may cause harm
that negatively impacts a tenant 's mental, physical, or psychosocial status or
function and is of such consequence to the tenant 's well-being that a rapid
response is warranted; or within 45 working days of receipt of the complaint or
incident report for any other complaint or incident investigation, including a
potential regulatory insufficiency that may have caused harm of limited
consequence and does not significantly impair the tenant 's mental, physical, or
psychosocial status or function.
(4)
Standard for determining whether a
complaint is substantiated. The department shall apply a
preponderance-of-the-evidence standard in determining whether or not a
complaint or program -reported incident report is substantiated.
(5)
Notification of program and
complainant. The department shall notify the program and, if known,
the complainant of the final report regarding the complaint
investigation.
(6)
Notification of accrediting entity. In addition, for any
credible report of alleged improper or inappropriate conduct or conditions
within an accredited program , the department shall notify the accrediting
entity by the most expeditious means possible of any actions taken by the
department with respect to certification enforcement.
(7)
Notification of complainant when complaint
not investigated. The department shall notify the complainant, if
known, if the department does not investigate a complaint. The reasons for not
investigating the complaint shall be included in the notification.
Notes
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