S.D. Admin. R. 67:42:07:15.01 - Resident and family grievance procedures

The facility must develop and follow a written grievance procedure allowing a resident, the residents parent or legal representative, a guardian, facility staff, or a concerned person in the residents life to make a formal complaint related to the quality of care of the resident in the facility. The facilitys staff must not attempt to influence the residents statement about the facility when submitting the grievance or while the grievance is being resolved. At a minimum, the written grievance procedure must require that:

(1) The facility must inform the resident and the residents parent or guardian of the facility's grievance policy, including the procedure for filing a grievance and to whom a grievance must be made. The resident and the residents parent or guardian must sign and date a statement to verify the facility explained the grievance policy. The facility must make copies of the policy available upon request;

(2) The facility must provide the person wanting to make a grievance the necessary forms and assist them in filing upon grievance;

(3) The facility must identify the person who is authorized to accept and resolve a grievance;

(4) The facility must, upon request, allow for the resolution of the grievance to be appealed to the highest level of administration of the facility;

(5) A person who reports a grievance must not be subject to adverse action by the facility as a result of filing the grievance; and

(6) A person filing a grievance must receive an initial response within five days.

The facility must document the grievance filed along with the actions taken by the facility to resolve the grievance. Information regarding the grievance must be kept for two years.

Notes

S.D. Admin. R. 67:42:07:15.01

47 SDR 024, effective 9/10/2020

General Authority: SDCL 26-6-16(1)(2)(6).

Law Implemented: SDCL 26-6-16(1)(2)(6).