Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 155 - Licensure Standards for Substance Use Disorder and Problem Gambling Treatment Programs › Rule 641-155.16 - Complaints and Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Complaints.
Any person
			 may file a complaint with the department against any program licensed pursuant
			 to this chapter. The complaint shall be made in writing and shall be e-mailed,
			 mailed or delivered to the health facility officer at the Division of
			 Behavioral Health, Iowa Department of Public Health, Lucas State Office
			 Building, 321 East 12th Street, Des Moines, Iowa 50319-0075. The complaint
			 shall include the name and address of the complainant, the name of the program,
			 and a concise statement of the allegations against the program, including the
			 specific alleged violations of Iowa Code chapter 125 or this chapter, if known.
			 A complaint may also be initiated upon the committee's own motion or by the
			 department when an emergency exists that is deemed to endanger the health,
			 safety or welfare of a patient, potential patient, concerned person, visitor,
			 staff or the public, pursuant to evidence received by the department. Timely
			 filing of complaints is required to ensure the availability of witnesses and to
			 avoid initiation of an investigation under conditions which may have been
			 significantly altered during the period of delay.
(2)
Evaluation and
			 investigation.
Upon receipt of a complaint, the division shall make a
			 preliminary review of the allegations contained in the complaint. The division
			 may request that the complainant submit the complaint to the program's
			 grievance process. Unless the division concludes that the complaint is intended
			 solely to harass a program or lacks a reasonable basis, or is more reasonably
			 addressed through the program's grievance process, the department shall conduct
			 an investigation of the program that is the subject of the complaint as soon as
			 is practicable. The program that is the subject of the complaint shall be given
			 an opportunity to informally respond to the allegations contained in the
			 complaint either in writing or through a personal interview or conference with
			 department staff.
(3)
Investigative report.
Within 30 days after completion of the
			 investigation, the division shall prepare a written investigative report and
			 shall submit the report to the executive director of the program, the
			 chairperson of the governing body of the program, and the committee. This
			 report shall include the nature of the complaint and shall indicate if the
			 complaint allegations were substantiated, unsubstantiated, or undetermined; the
			 basis for the finding; the specific statutes or rules at issue; a response from
			 the program, if received; and a recommendation for action.
(4)
Review of
			 investigations.
The committee shall review the investigative report at
			 its next regularly scheduled meeting and shall determine appropriate action.
a.
Closure.
If the committee
			 determines that the allegations contained in the complaint are unsubstantiated,
			 the committee shall close the case and the division shall promptly notify the
			 complainant and the program by letter.
b.
Referral for further
			 investigation.
If the committee determines that the complaint warrants
			 further investigation, the committee shall refer the complaint to the
			 department for further investigation.
c.
Written corrective action
			 plan.
If the committee determines that the allegations contained in
			 the complaint are substantiated and corrective action is warranted, the
			 committee may require the program to submit and comply with a written
			 corrective action plan. A program shall submit a written corrective action plan
			 to the division within 20 business days after receiving a request for such
			 plan. The written corrective action plan shall include a plan for correcting
			 areas of noncompliance as required by the committee and a time frame within
			 which such plan shall be implemented. The plan is subject to department
			 approval. Requiring a written corrective action plan is not formal disciplinary
			 action. Failure to submit or comply with a written corrective action plan may
			 result in formal disciplinary action against the program.
d.
Disciplinary action.
If
			 the committee determines that the allegations contained in the complaint are
			 substantiated and disciplinary action is warranted, the committee may proceed
			 with such action in accordance with rule
			 641-155.11
			 (125,135).