048-15 Wyo. Code R. §§ 15-4 - Electronic Monitoring Grievances and Complaints

(a) Each resident may submit a grievance to the facility or the Department related to the facility's actions regarding the resident's use of electronic monitoring equipment. This includes but is not limited to any refusal to permit monitoring or a denial of a request to change rooms or roommates if a roommate does not consent to use of electronic monitoring.

(b) Each resident must be informed in writing that they have a right to submit a grievance to the facility or the Department without discrimination or reprisal from the facility.

(c) The facility must provide each resident information on the process to submit a grievance, the requirements for the facility to respond, and the right of the resident to contact the Long-Term Care Ombudsman at any time, including if a grievance is not resolved to the satisfaction of the resident.

(d) The facility must attempt to resolve the resident's grievance and provide a written response to each grievance within 14 business days.

(e) The facility shall identify a facility staff person who is responsible for receiving resident grievances and ensure compliance with these rules.

(f) The facility shall forward all unresolved grievances having to do with electronic monitoring to the Long-Term Care Ombudsman.

(g) The facility shall provide the resident with contact information, including telephone number and address, for the following:

(i) The individual identified in 4(e) above;

(ii) The Long-Term Care Ombudsman;

(iii) Protection & Advocacy System, Inc.;

(iv) The local office for Department of Family Services, Adult Protective Services;

(v) Wyoming's Medicaid Fraud Control Unit; and

(vi) The State Survey Agency.

(h) The facility shall provide the resident a copy of their rights to summit grievance and information on the process to submit grievances related to the use of electronic monitoring devices at the following times:

(i) Upon the resident's admission;

(ii) Upon the residents request for an electronic monitoring device;

(iii) Once every year following a resident's request for and continued use of the electronic monitoring device; and

(iv) Upon any amendment or other change to the facility's electronic monitoring device grievance policy.

(i) At any time, including if a facility fails to respond to or resolve a resident's grievance, the resident may forward the grievance to the Long-Term Care Ombudsman. The Long-Term Care Ombudsman shall handle the grievance as a "complaint" under the Long Term Care Ombudsman Act, W.S. 9-2-1301 to -1309.

(j) The facility shall provide the Long-Term Care Ombudsman access to all facility records regarding a resident's grievance or complaint, upon the Long-Term Care Ombudsman's request and the consent of the resident.

Notes

048-15 Wyo. Code R. §§ 15-4

Amended, Eff. 5/13/2021.