TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-26
Rights for Persons with Developmental Disabilities

SECTION 40.1-26-5


§ 40.1-26-5 Participant grievance procedure.

(a) Every agency must establish a written grievance procedure. The grievance procedure shall be presented to every participant or applicant in a manner consistent with the participant's or applicant's learning style and be conspicuously posted in each agency. The notice of grievance procedure shall include the name of organizations that provide free legal assistance.

(b) The participant, applicant, or advocate shall be entitled to initiate a grievance at all times and to this end, grievance forms shall be made available at all times. It shall be the duty of each agency to encourage and assist the participant or applicant in exercising his or her rights under this section.

(c) The participant, applicant, or advocate shall initiate the grievance by filing a grievance form with the director of the agency. The director shall forthwith forward a copy of the grievance form to the chair of the human rights committee.

(d) The director, or his or her designee, with the assistance of the chair of the human rights committee or his or her designee, shall investigate the grievance and issue a written decision to the participant, applicant, or advocate within five (5) business days of receipt of the grievance. The written decision shall include a copy of the grievance, a list of persons interviewed in the investigation, the steps taken to resolve the grievance, and the conclusion of the director or his or her designee.

(e) A participant, applicant, or advocate who is not satisfied with the decision of the director shall have the right to appeal that decision under regulations promulgated by the department of mental health, retardation, and hospitals. These regulations shall at a minimum provide for review of the grievance as a "contested case" at an administrative hearing, which meets the requirements of § 42-35-9. The chair of the human rights committee or his or her designee shall, if necessary, assist the participant in requesting a review.

History of Section.
(P.L. 1990, ch. 414, § 1; P.L. 1994, ch. 83, § 2.)