Alabama Administrative Code › Title 825 - ALABAMA SICKLE CELL OVERSIGHT AND REGULATORY COMMISSION › Chapter 825-X-2 - CRITERIA FOR COMPREHENSIVE SICKLE CELL CENTERS AND SICKLE CELL CHAPTERS RECEIVING STATE SUPPORT THROUGH THE EDUCATION TRUST FUND OR THROUGH OTHER RELATED STATE MECHANISMS › Section 825-X-2-.04 - Complaint Process

Current through Register Vol. 42, No. 9, June 28, 2024
Introduction
1. Statutory Authority - In accordance with
			 Section 22-10B-3(b) of the
Code of Ala. 1975
, the
			 procedures in this section are intended to address complaints regarding service
			 and management of statewide programs and address any other discrepancies
			 brought to the attention of the Alabama Sickle Cell Oversight and Regulatory
			 Commission ("ASCORC").
2. Exemption
			 - Anyone providing direct medical care and/or functioning as a licensed
			 physician is exempt from the procedures set forth in this section. Complaints
			 concerning medical care and/or licensed physicians should be directed to the
			 Alabama Board of Medical Examiners and Medical Licensure Commission.
3. Definitions
a. Complainee: any individual or entity
			 against whom a Complaint is submitted. This individual or entity must be
			 regulated by the ASCORC pursuant to 825-X-2-.01(3) for these procedures to
			 apply.
b. Complainant:
			 individual/entity submitting the Complaint.
c. Services provided: any services performed
			 as enumerated in Title 22-10B-5.1 See 825-X-2-.03 for further discussion of these services.
Complaint Procedures
I.
Part One
1. To file a Complaint that a Complainee has
			 failed to provide services pursuant to Title 22-10B-5, Complainants shall
			 follow the Complainee' s established complaint procedures. Complaints must be
			 submitted within ninety (90) days of the alleged occurrence.
1 The sickle cell services shall
				include all of the following:-
1. Public and professional health education which shall be
				provided by persons specially trained for the task.
2. Screening of all newborns within a designated area for
				sickle cell disease by accurate laboratory techniques.
3. Genetic counseling and decision-making counseling which
				shall be offered to all parents of infants who are affected with Sickle Cell
				Disease and to those parents and patients at risk of having other children
				affected with this disease.
4. Medical referral and follow-up which shall consist of a
				prompt definitive diagnosis of patients found to have medically significant
				hemoglobin and the medical management of painful episodes, infections, and
				other complications which shall be provided by physicians and other medical
				professionals.
5. Psychosocial support services which shall be provided to
				help patients affected with Sickle Cell Disease to live a happy and successful
				life.
2. If the Complainee
			 does not have established complaint procedures, then the Complainant shall
			 submit a written (signed) or videoed complaint to the Complainee alleging that
			 the Complainee has failed to provide services in accordance with Title
			 22-10B-5. Complaints must be submitted within ninety (90) days of the alleged
			 occurrence.
3. The Complainee shall
			 investigate and make a final determination concerning the Complaint. The
			 Complainee's final decision must be in writing and provided to the
			 Complainant.
4. A copy of the
			 Complaint and Complaninee's decision must be kept by the Complainee.
5. If the Complainant disagrees with the
			 Complainee's determination, then the Complainant shall proceed to Part
			 Two.
II.
Part
			 Two
1. Upon (a) receipt of a written
			 (signed) or videoed Complaint to the ASCORC alleging that a community-based
			 organization or any individual operating within the community-based
			 organization regulated by ASCORC pursuant to 825-X-2-.01(3) has failed to
			 provide services in accordance with Title 22-10B-5, and (b) verification that
			 the Complaint has been presented to the Complainee and action was taken, the
			 Executive Director of the ASCORC shall perform a preliminary review to
			 determine if there is merit and sufficient evidence to warrant formal
			 proceedings. Complaints must be submitted to ASCORC within thirty (30) days
			 after the Complainee's final decision.
2. If the Executive Director and the ASCORC
			 legal counsel determine that the Complaint may be meritorious and that
			 sufficient evidence exists to warrant proceedings, the Complaint will be given
			 to the investigative committee for further action. The investigative committee
			 shall be formed pursuant to 825-X-1-.04 and will consist of one (1) ASCORC
			 member, one (1) ASCORC counsel, and the Executive Director.
a. When ASCORC receives a Complaint against a
			 Complainee, ASCORC or its designee shall provide the Complainee with the
			 allegations. The Complainee may submit to the Executive Director a written or
			 videoed response and any supporting documentation.
b. The investigative committee shall review
			 the Complaint and other information submitted to determine if further
			 investigation is warranted.
3. If further investigation is warranted, an
			 investigator may be retained. The investigator shall work under the direction
			 of the Executive Director to conduct further investigation.
4. At the conclusion of the investigation,
			 the investigator shall submit an investigative report to be reviewed by the
			 investigative committee, which has the authority to act on the report.
a. The investigative committee shall send
			 written notification to the Complainant and Complainee of any action it decides
			 to take in response to the investigative report.
b. If the investigative committee determines
			 that the Complaint does not present a violation or is meritless, the Complaint
			 shall be brought to ASCORC for dismissal without any further action.
c. The Executive Director shall notify the
			 Complainant and the Complainee that the investigation has been
			 closed.
5. Following the
			 investigation, if the Complaint requires further action, ASCORC or its
			 authorized designee shall have the power to act on the report of the
			 investigation as follows:
a. Resolve the issue
			 without a formal hearing (settlement),
b. Institute a corrective plan of action,
			 or
c. Commence formal disciplinary
			 proceedings with a hearing.
6. If the program remains noncompliant,
			 ASCORC reserves the right to recommend reallocation of funding consistent with
			 legislative intent pursuant to Section 22-10B-4 of the C
ode of
			 Ala. 1975
.