Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 2 - Administrative Components › Subchapter 3 - Office of Client Advocacy › Part 5 - GRIEVANCES › Section 340:2-3-52 - Grievances of Hissom class members

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
This Section describes processes relating to
				  grievances of Hissom class members. The Oklahoma Department of Human Services
				  (DHS) legal basis and authority for grievance policies and procedures for
				  Hissom class members includes orders of the United States District Court for
				  the Northern District of Oklahoma in Homeward Bound, et al., vs. The Hissom
				  Memorial Center, Case No. 85-C-437-E.
(b)
Definitions.
The definitions
				  in Oklahoma Administrative Code (OAC)
				  340:2-3-2 and
				  340:2-3-46(b)
				  apply to this Section unless the context clearly indicates otherwise.
(c)
Notice of grievance
				  rights.
The Office of Client Advocacy (OCA) advocate assigned to a
				  Hissom class member gives Form 15GR007E, Notice of Grievance Rights - Hissom
				  Class Members, at least yearly to each class member or his or her guardian(s),
				  close family members, and volunteer advocates. This form is used to identify
				  the OCA advocate assigned to the class member and to explain the class member's
				  right to grieve. After the class member, guardian(s), or both, sign the form,
				  the advocate documents this in a contact sheet and provides copies to the
				  client or the client's guardian, the assigned Developmental Disabilities
				  Services (DDS) case manager, and the program coordinator of the applicable
				  provider for placement in the client's home record. The original is maintained
				  in the class member's OCA's record.
(d)
Filing and processing of
				  grievances.
Grievances of class members are processed per OAC
				  340:2-3-45
				  unless otherwise provided in this Section.
(1) OCA assigns an advocate to represent each
				  class member. The assigned advocate serves as the grievance advisor for class
				  members and provides assistance to class members and persons interested in
				  class members' welfare who want to file a provider or DHS grievance per OAC
				  340:2-3-71(h)(4).
				  When an advocate files a provider or DHS grievance on behalf of a class member,
				  the advocate contemporaneously provides a copy of the grievance to the DDS case
				  manager assigned to the class member and to the DDS programs administrator for
				  community services.
(2) Class
				  members, guardians, volunteer and other advocates, case managers, personal
				  support team members, and persons interested in class members' welfare can file
				  a DHS grievance by completing Form 15GR001P (paper version) or 15GR001E
				  (electronic version). The advocate submits a completed 15GR001P to the LGC.
				  When the advocate completes Form 15CR001E the OCA grievance unit submits it
				  directly to the LGC within one business day of receipt. When the LGC receives a
				  grievance that was not submitted by the OCA advocate representing the class
				  member, the LGC promptly informs the advocate by email, fax, or
				  phone.
(3) When a grievance
				  involves a decision of a class member's team, the first level respondent is the
				  supervisor of the client's DDS case manager, unless the case manager is
				  involved in the decision being grieved.