Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › RESIDENT RIGHTS › Section 2800.44 - Complaint procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
					 to admission, the residence shall inform the resident and the resident's
					 designated person of the right to file and the procedure for filing a complaint
					 with the Department's Assisted Living Residence Licensing Office, local
					 ombudsman or protective services unit in the area agency on aging, the
					 Disability Rights Network or law enforcement agency.
(b) The residence shall permit and respond to
					 oral and written complaints from any source regarding an alleged violation of
					 resident rights, quality of care or other matter without retaliation or the
					 threat of retaliation.
(c) If a
					 resident indicates that he wishes to make a written complaint, but needs
					 assistance in reducing the complaint to writing, the residence shall assist the
					 resident in writing the complaint.
(d) The residence shall ensure investigation
					 and resolution of complaints. The residence shall designate the staff person
					 responsible for receiving complaints and determining the outcome of the
					 complaint. The residence shall keep a log of all complaints and the outcomes of
					 the complaints.
(e) Within 2
					 business days after the submission of a written complaint, a status report
					 shall be provided by the residence to the complainant. If the resident is not
					 the complainant, the resident and the resident's designated person shall
					 receive the status report unless contraindicated by the support plan. The
					 status report must indicate the steps that the residence is taking to
					 investigate and address the complaint.
(f) Within 7 days after the submission of a
					 written complaint, the residence shall give the complainant and, if applicable,
					 the designated person, a written decision explaining the residence's
					 investigation findings and the action the residence plans to take to resolve
					 the complaint. If the resident is not the complainant, the affected resident
					 shall receive a copy of the decision unless contraindicated by the support
					 plan. If the residence's investigation validates the complaint allegations, a
					 resident who could potentially be harmed or his designated person shall receive
					 a copy of the decision, with the name of the affected resident removed, unless
					 contraindicated by the support plan.
(g) The telephone number of the Department's
					 Assisted Living Residence Licensing Office, the local ombudsman or protective
					 services unit in the area agency on aging, the Disability Rights Network, the
					 local law enforcement agency, the Commonwealth Information Center and the
					 assisted living residence complaint hotline shall be posted in large print in a
					 conspicuous and public place in the residence.
(h) Nothing in this section may affect in any
					 way the right of the resident to file suit or claim for damages.
This section cited in 55 Pa. Code §
													2800.16 (relating to reportable
						  incidents and conditions); and 55 Pa. Code Appendix A (relating to assisted
						  living resident rights: during residency and during discharge or termination of
						  residency).