Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 73 - Missouri Board of Nursing Home Administrators › Chapter 2 - General Rules › Section 19 CSR 73-2.085 - Public Complaints

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment provides updated language by
				  removing State.
(1) The Board
				of Nursing Home Administrators receives and processes each complaint made
				against any licensed administrator, or other person or entity, which complaint
				alleges certain acts or practices which may constitute one (1) or more
				violations of the provisions of Chapter 344, RSMo. Any member of the public or
				the profession, or any federal, state, or local official, may make and file a
				complaint with the board. Complaints received from sources outside Missouri
				will be processed in the same manner as those originating within Missouri. No
				voting members of the Board of Nursing Home Administrators will file a
				complaint with this board while s/he holds that office, unless that member
				excuses him/herself from further board deliberations or activity concerning the
				matters alleged within that complaint. Any staff member or employee of the
				board may file a complaint pursuant to this rule in the same manner as any
				member of the public.
(2) Written
				complaints should be sent to the following: Board of Nursing Home
				Administrators, PO Box 570, Jefferson City, MO 65102 or email at
				bnha@health.mo.gov. However, actual receipt of the complaint by the board at
				its administrative offices in any manner shall be sufficient. Complaints may be
				based upon personal knowledge, or upon information and belief, reciting
				information received from other sources.
(3) All complaints shall be made in writing
				and shall fully identify their maker by name and address. Complaints may be
				made on forms provided by the board, which shall be available upon request.
				Oral or telephone communications will not be considered or processed as
				complaints. Any person attempting to make an oral or telephone complaint
				against an individual will be provided with a complaint form and requested to
				complete it and return it to the board. Any staff member or employee of the
				board may make and file a complaint based upon information and belief, in
				reliance upon oral, telephone, or written but unsigned communications received
				by the board, unless those communications are believed by that staff member or
				employee to be false.
(4) A record
				of each complaint received under this rule shall be retained by the board.
				Complaints shall be logged in the order as received and shall contain a record
				of each complainant's name and address; the name and address of the subject(s)
				of the complaint; the date each complaint is received by the board; a brief
				statement of the acts complained of, including the name of any person injured
				or victimized by the alleged acts or practices; a notation whether the
				complaint resulted in its dismissal by the board or in formal charges being
				filed with the Administrative Hearing Commission; and the ultimate disposition
				of the complaint. The complaint information shall be a closed record of the
				board.
(5) Each complaint shall be
				acknowledged in writing. The acknowledgment shall state that the complaint is
				being investigated and shall be referred to the board or an appropriate board
				subcommittee for consideration following the investigation. The complainant may
				be notified of the ultimate disposition of the complaint, excluding judicial
				appeals, and may be provided with a copy of the decisions (if any) of the
				Administrative Hearing Commission and the board. The provisions of this section
				shall not apply to complaints filed by staff members or employees of the board,
				based upon information and belief, acting in reliance on third-party
				information received by the board.
(6) Both the complaint and any information
				obtained as a result of the complaint investigation shall be considered a
				closed record of the board and shall not be available for inspection by the
				public.
(7) This rule shall not be
				deemed to limit the board's authority to file a complaint with the
				Administrative Hearing Commission or with a court, charging a licensee,
				permittee, or other person or entity with any actionable conduct or violation,
				whether or not this complaint exceeds the scope of the acts charged in a
				preliminary public complaint filed with the board and whether or not any public
				complaint has been filed with the board.
(8) The board interprets this rule, which is
				required by law, to exist for the benefit of those members of the public who
				submit complaints to the board. This rule is not deemed to protect or to inure
				to the benefit of those licensees, permit holders, registrants or other persons
				or entities against whom the board has instituted or may institute
				administrative or judicial proceedings concerning possible violations of the
				provisions of Chapter 344, RSMo.
*Original authority: 344.070, RSMo 1969, amended 1979,
					 1993, 1995, 2007.