Kansas Administrative Regulations › Agency 30 - KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES › Article 60 - LICENSING OF COMMUNITY MENTAL HEALTH CENTERS › Section 30-60-51 - Complaints; review; appeals; procedures; records

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each center
			 shall adopt and adhere to written policies and procedures that allow for any
			 consumer, individual, or agency to make a written complaint about any member of
			 the staff or any aspect of the center's operations, requirements, or services,
			 or those of any affiliated center or other provider with which the center has
			 an affiliation agreement. These policies and procedures shall include the
			 following requirements and provisions, at a minimum:
(1) Notice shall be displayed at appropriate
			 locations stating that any consumer, individual, or agency has the right to
			 make a complaint. This notice shall also describe the procedures by which a
			 complaint can be made.
(2) No
			 particular form shall be required in order to make a complaint, but appropriate
			 forms shall be made available at appropriate locations for use by any consumer,
			 individual, or agency wishing to make a complaint.
(3) Procedures shall exist so that a
			 complaint can be made confidentially if a consumer, individual, or agency so
			 desires.
(4) The staff of the
			 center shall be trained to be alert to, listen for, and identify a complaint of
			 a significant nature that is made either orally or incompletely by a consumer
			 receiving any services from the center, or from any affiliated center or other
			 provider with which the center has an affiliation agreement. The staff shall be
			 required to assist that consumer to write out the complaint if made orally or
			 to more specifically record that complaint for the consumer if the consumer
			 fails or is unable to completely write out the complaint.
(5) The executive director shall review in a
			 timely manner every complaint made, conduct any investigation as appropriate,
			 and take any appropriate actions.
(6) If the complaint is the result of a
			 discontinuation or reduction of any service that had been provided to a
			 consumer, the executive director may, at the executive director's discretion,
			 require that the service that was discontinued or reduced be restored to its
			 former level pending the outcome of the executive director's investigation and
			 determination.
(7) If a complaint
			 received by a center concerns any matter involving the staff or any action,
			 decision, policy, or requirement of an affiliated center or other affiliate,
			 the executive director of the center may refer the complaint to the executive
			 director of that affiliated center or other affiliate for that director's
			 response. The response of the executive director of the affiliated center or
			 other affiliate may be included in or attached to the center's response when a
			 response is made or if a response is required to be made to a consumer.
(8) The executive director of the
			 center shall reply, in writing, to every complaint concerning any aspect of
			 either the center's operations, requirements, or services, or those of any
			 affiliated center or other provider with which the center has an affiliation
			 agreement, that is made by a consumer receiving services from the center, any
			 affiliated center, or any other provider with which the center has an
			 affiliation agreement, not later than 30 days following receipt of that
			 complaint. This reply shall state the executive director's findings and
			 determinations with regard to that complaint.
(9) A system shall be established to analyze
			 all complaints made during specified periods of time to determine whether any
			 trend or pattern appears and, if so, to attempt to identify the cause of those
			 complaints or any other issue presented and to deliver this information either
			 to the executive director or to another appropriate party.
(10) Any consumer who is dissatisfied with a
			 determination of the executive director may appeal that determination to the
			 division.
(11) Each appeal of a
			 determination of the executive director shall be made in writing, within 30
			 days of receipt of that determination. Each appeal shall be addressed to the
			 executive director of the center and shall state specifically the determination
			 that is being appealed and the reasons why the consumer believes that the
			 determination of the executive director is wrong.
(12) Upon receipt of such an appeal, the
			 executive director may contact the consumer who is appealing and offer to meet
			 personally with that consumer to see if some agreement or other resolution can
			 be reached, or to offer mediation of the dispute to the consumer.
(13) The appeal of the executive director's
			 determination shall proceed as provided for in this regulation. The executive
			 director shall forward to the division the consumer's written appeal and both
			 the original complaint and the executive director's written reply to that
			 complaint when any of the following circumstances occurs:
(A) The executive director does not choose to
			 make any offer for a meeting or for mediation.
(B) The consumer refuses any offer for a
			 meeting or for mediation.
(C)
			 Thirty days have elapsed following receipt of the appeal, and no agreement or
			 resolution has been reached within that time period through the use of any
			 meeting or meetings, or through a process of mediation.
(14) One or more employees of the division
			 shall be assigned by the department to make an investigation and conduct any
			 proceedings necessary to decide the outcome of the appeal. That employee or
			 panel of employees shall give due regard to the rights and interests of both
			 the consumer who is appealing and the center or the affiliated center or other
			 affiliate against which the complaint was made. These procedures shall include
			 the right of the consumer to be represented in the appeal by any individual of
			 that consumer's choice.
(15) If
			 the appeal resulted from a complaint that any service that had been provided to
			 the consumer was discontinued or reduced, the division employee or panel of
			 employees assigned to hear the appeal shall have the authority to require a
			 licensee to restore that service to its former level during the pendency of the
			 appeal.
(16) Following any
			 investigation or proceeding that is determined appropriate, the division
			 employee or panel of employees assigned to hear the appeal shall make a written
			 decision with regard to the issues appealed. This decision shall be sent to the
			 following individuals:
(A) The consumer and
			 the individual that the consumer selected to represent the consumer, if
			 applicable;
(B) the executive
			 director of the center; and
(C)
			 the executive director of the affiliated center or other affiliate, if
			 applicable.
(17) The
			 decision of the division's employee or panel of employees may be appealed to
			 the office of administrative hearings within the Kansas department of
			 administration in accordance with article 7.
(18) Records of every complaint and appeal
			 made, and of the final determination or decision made with regard to each
			 complaint, shall be centrally maintained for at least five years.