Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 451(t) - Fair Hearing Policy › Section 17a-451(t)-6 - Grievance review procedure

Current through July 10, 2024
(a) Not later than
			 seven days after the filing of a grievance, the client rights officer shall
			 acknowledge receipt of the grievance. The client rights officer shall interview
			 the client and other appropriate persons, examine all relevant records, and
			 take any other action necessary to review the grievance. A client rights
			 officer may designate another member of the covered service provider's staff to
			 review a grievance in an attempt to resolve a grievance, but ultimate
			 responsibility for the written proposals and reports as specified in subsection
			 (e) and (f) of this section shall be that of the client rights officer's.
			 Except as specified in subsections (c) and (e) of this section and section
			 17a-451(t)
			 -7 of the Regulations of Connecticut State Agencies, the grievance review,
			 disposition and, if necessary, decision of the head of the covered service
			 provider shall be completed not later than twenty-one calendar days after
			 receipt of a grievance, unless the head of the covered service provider
			 authorizes an additional fifteen calendar days, with written notice to the
			 client.
(b) The client rights
			 officer shall, with the client's permission, permit the client's advocate to
			 assist the client at any grievance meeting that is held with the client to
			 attempt to resolve the grievance. The client rights officer may reschedule a
			 grievance meeting if the client is unable to attend due to circumstances beyond
			 the client's control. Efforts shall be made by all parties to limit
			 rescheduling to not more than one time.
(c) If, at any time during the grievance
			 inquiry, the client rights officer reasonably suspects a violation of a DMHAS
			 work rule (for DMHAS facilities), a covered service provider personnel policy,
			 or a criminal statute, the client rights officer shall immediately refer the
			 suspected violation to the appropriate entity for investigation. Upon referral,
			 the client rights officer shall provide written notice to the client and the
			 client's advocate, if applicable, of the referral and that a representative
			 from the referred entity may contact the client to arrange an interview. The
			 client rights officer shall cooperate with any investigation, conducted by the
			 referred entity. While the referred entity investigates a suspected violation,
			 the client rights officer shall defer review unless a portion of the grievance
			 may be resolved without interfering with the referred entity's investigation.
			 If a portion of the grievance may be resolved while the referred entity
			 conducts its investigation of a suspected violation, the client rights officer
			 shall review the remainder of the grievance as specified in subsections (a)
			 through (f) inclusive of this section. If the client rights officer deferred
			 his or her review of the grievance while the referred entity investigated the
			 suspected violation, once the referred entity's investigation of the suspected
			 violation is concluded, the client rights officer shall resume the grievance
			 review as specified in subsections (a) through (f) inclusive of this
			 section.
(d) The client rights
			 officer shall check periodically on the status of any referral made under
			 subsection (c) of this section. Upon the conclusion of the investigation by the
			 appropriate authority, the client rights officer shall provide written notice
			 to the client and the client's advocate if applicable, stating that the process
			 has been completed.
(e) Unless a
			 referral under subsection (c) of this section has been made, the client rights
			 officer shall attempt to mediate the client's grievance between the client and
			 the covered service provider, or take any action likely to assist the parties
			 in resolving the grievance. The client rights officer shall encourage all
			 parties to accept an informal resolution. If the client rights officer believes
			 that an informal resolution is possible, the client rights officer shall
			 prepare a written proposal which summarizes the nature of the dispute and the
			 proposed informal resolution. Such written proposal shall not contain any
			 information about other clients unless such disclosure is required or permitted
			 by law. The client rights officer shall inform the client that the client has
			 not more than ten business days, after receipt of such written proposal, in
			 which to accept the proposed informal resolution, in whole or in part and sign
			 the written proposal which shall terminate the grievance, or to request a
			 formal decision by the covered service provider on the grievance, or to
			 withdraw the grievance. The time during which a client is considering a
			 proposed informal resolution shall not be counted towards the time periods
			 under subsection (a) of this section. Failure of the client to respond in
			 writing to a proposed informal resolution not later than ten business days
			 after its receipt shall be treated as a withdrawal of the grievance, unless
			 good cause for reinstatement of the grievance is shown.
(f) If there is no proposed resolution, or if
			 the proposed resolution is not agreed to by the client, the client rights
			 officer shall prepare a written report of the grievance inquiry, and present it
			 to the head of the covered service provider or the covered service provider's
			 designee, and to the client. The client and the client's advocate shall be
			 given the opportunity to present additional material and, upon request, to
			 appear in person before the head of the covered service provider or such
			 designee. The head of the covered service provider shall provide a written
			 decision to the client, including a statement of any action to be taken and the
			 client's right to further review.