New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 371 - DEVELOPMENTAL DISABILITIES › Part 4 - CLIENT COMPLAINT PROCEDURES › Section 8.371.4.13 - COMPLAINT PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Step one:
				Service provider review:
(1) Each service
				provider shall have a complaint or grievance procedure that is reviewed and
				approved by the division. Except as provided in Paragraph (7) below, a client
				or a legal guardian must initiate a complaint with the service provider within
				180 days of the event or occurrence that is the subject of the complaint and in
				the manner set forth in the service provider's complaint or grievance
				procedure.
(2) The service
				provider's complaint or grievance procedure shall provide, at a minimum, that:
(a) the client is notified of the service
				provider's complaint or grievance procedure;
(b) a complaint may be made orally or in
				writing;
(c) the service provider
				shall meet with the complainant if a complaint is made; if the complainant is
				not the client, the client shall be notified of the meeting and allowed to
				attend;
(d) the complainant and the
				client may have a representative(s) of their choice present at the
				meeting;
(e) the complaint will be
				decided by an impartial person who is not involved in the incident complained
				of but who may be an employee of the service provider;
(f) the complainant and their representative,
				if any, will receive a written response within 15 days of the
				complaint;
(g) the complainant has
				a right to file a complaint with the authority if the complainant is not
				satisfied with the service provider's response; and
(h) the service provider will assist the
				client in filing a complaint with the division upon request.
(3) The employees or staff of the
				service provider shall have the responsibility to initiate a complaint on
				behalf of the client whenever they have reason to believe that a violation of
				the client's rights may have occurred.
(4) The service provider shall issue a brief
				written response to the client and the guardian stating the nature of the
				complaint and the result(s) requested by the complainant, the disputed facts,
				if any, the undisputed facts, if any, the resolution of the complaint of the
				attempts made to resolve the complaint.
(5) The service provider shall respond to the
				complaint in writing within 15 days of the initial complaint. The time line may
				be extended by mutual agreement of the complainant and the service provider.
				The service provider shall maintain a copy of each written response in the
				client's record and in a central file that is available to the authority. If
				the complaint alleges abuse or neglect, the service provider shall, in addition
				to any other requirements, provide a copy of the response to child protective
				services or adult protective services. If the complainant alleges abuse or
				neglect or if the complaint involves a dangerous condition or a risk to the
				client's health or safety, the service provider shall provide a copy of the
				written response to the office.
(6)
				The failure of the service provider to issue a response to a client's complaint
				in writing shall be a separate and independent ground for filing a complaint
				with the division.
(7) If a
				complainant alleges abuse or neglect, or if the complaint involves a dangerous
				condition, or a risk to the client's health or safety, the complaint may be
				make with the division's office pursuant to step two without initiating a
				complaint with the service provider.