Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part II - Administration of the Long-Term Ombudsman Program › Section 18-26-2-H - Grievance Process

Current through June 25, 2024
Dependent upon the content of the grievance a decision may be
				  made by the State Ombudsman to suspend the Representative of the Office that is
				  name in the grievance until there is full resolution.
*
Grievance about Refusal, Suspension, or
				  Removal of Designation of a Local Ombudsman Entity (LOE) or a Representative of
				  the Office
* Formal written notice that grounds exist to refuse, suspend
				  or remove an ombudsman's designation (certification) will be sent to the
				  individual and the AAA Director by the State Ombudsman within fifteen (15)
				  working days of the determination.
* Formal written notice that grounds exist to refuse, suspend
				  or remove a Local Ombudsman Entity (LOE) will be sent the AAA Director by the
				  State Ombudsman within fifteen (15) working days of the determination.
* Upon receipt of the notice the individual or LOE then has
				  ten (10) working days from the date of receipt of such findings to respond in
				  writing to the State Ombudsman regarding the determination and findings.
* The State Ombudsman shall issue any revised findings within
				  five (5) working days of the receipt of the written response. The State
				  Ombudsman may first consult with the Director of Aging and Adult
				  Services.
* If the State Ombudsman decides not to change the initial
				  finding, the refusal/withdrawal of the designation (certification) becomes
				  immediately effective upon a second notice. The second notice will be sent
				  within three (3) working day after the final determination.
* If the State Ombudsman decides to not refuse/withdraw the
				  designation (certification) of the ombudsman, but implement other remedies or
				  work improvement measures, there shall be formal written notice sent to the
				  ombudsman and the Director of the changed decision within five (5) working
				  days.
* The final decision to refuse/remove designation
				  (certification) of a Representative of the Office remains with the State
				  Ombudsman.
*
Grievance about Actions of a Local
				  Ombudsman
* A grievance regarding the actions of a local ombudsman may
				  be filed in writing, orally or through the use of auxiliary aids and services
				  with the State Ombudsman. The grievance must list the specific facts related to
				  the grievance, the nature of the grievance, and any request for resolution. The
				  grievance should be given within thirty (30) calendar days of the
				  action.
* The grievance will be discussed with the local ombudsman
				  named in the grievance within ten (10) working days and a written copy (if
				  applicable) of the grievance statement will be given to him/her at that time.
				  He/she will have ten (10) working days to provide a written response.
* The State Ombudsman may consult with the AAA Director if
				  possible without violating confidentiality and disclosure rules.
* The State Ombudsman will respond to the local ombudsman and
				  the complainant regarding the grievance within ten (10) working days of receipt
				  of the response from the local ombudsman. The response is final.
*
Grievance about the Actions of a
				  Volunteer Ombudsman
* A grievance regarding the actions of a volunteer ombudsman
				  may be filed in writing, orally or through the use of auxiliary aids and
				  services with the supervising District Ombudsman. The grievance statement must
				  list the facts related to the grievance, the nature of the grievance and any
				  request for resolution. The grievance should be made within thirty (30)
				  calendar days of the action.
* The District Ombudsman will provide a copy of the grievance
				  to the State Ombudsman within three (3) working days and consult with the State
				  Ombudsman.
* A copy of the grievance will be discussed with the
				  volunteer ombudsman named in the grievance within ten (10) working days of
				  initial receipt. A written copy of the grievance statement will be given to
				  him/her at this time if available. He/she will have ten (10) working days to
				  provide a written response.
* The District Ombudsman will respond to the grievance in
				  writing within ten (10) working days of receipt of the response of the
				  volunteer ombudsman.
* If the volunteer ombudsman is not satisfied with the
				  decision of the District Ombudsman, he or she can appeal the decision to the
				  State Ombudsman. The State Ombudsman has five (5) working days to provide a
				  response to the volunteer ombudsman. The decision of the State Ombudsman will
				  be final.
* The final decision will be shared with the complainant
				  within five (5) working days of the response of the volunteer ombudsman.
*
Grievance about Complaint
				  Investigations
* Informed consent must be obtained from the resident or the
				  resident's representative for investigation details to be disclosed to the
				  individual filing the grievance. If such consent is not provided, the
				  complainant will be informed that no information can be provided and the
				  grievance process will be ended.
* If consent is obtained, the process for a grievance about
				  action of a local ombudsman will be followed.
*
Grievance about the Actions of the State
				  Ombudsman
* The grievance should be made in writing, orally or within
				  thirty (30) calendar days of the action and submitted to the Director of Aging
				  and Adult Services. It must list the specific facts related to the grievance,
				  the nature of the grievance, and any request for resolution.
* A copy of the grievance will be discussed with the State
				  Ombudsman within five (5) working days of its receipt. A written copy of the
				  grievance statement will be given to him/her at that time.
* The policies on consent and disclosure must be followed if
				  this involves a complaint investigation.
* The State Ombudsman shall provide a written response to the
				  Director of Aging and Adult Services without violating the policies of
				  disclosure within five (5) working days.
* The Director shall provide a response to the grievance
				  within five (5) working days from receipt of the State Ombudsman's response to
				  the State Ombudsman and the complainant.