Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 94 - Patient rights and resolution of patient grievances › Subchapter III - Standards for Grievance Resolution Procedures › Section DHS 94.49 - Grievances presented on behalf of clients

Current through June 24, 2024
(1) Any person who
				  is aware of a possible violation of a client's rights under ch. 51, Stats., ch.
				  DHS 92 or this chapter may present a grievance on behalf of the
				  client.
(2) When a grievance is
				  presented on behalf of a client by someone other than the client's parent or
				  guardian, and the parent or guardian's consent is required for treatment, the
				  client rights specialist shall meet with the client and the client's parent or
				  guardian, to determine if the client or the client's parent or guardian, as
				  appropriate, wishes the grievance investigated and resolved through the formal
				  resolution process.
(3) If the
				  client or, when the parent's or guardian's consent is required for treatment,
				  the parent or guardian is opposed to using the formal resolution process, the
				  client rights specialist may proceed with the investigation only if there are
				  reasonable grounds to believe that failure to proceed may place the client or
				  other clients at risk of physical or emotional harm. If there is no parent or
				  guardian, or that person is not available, and the client is unable to express
				  an opinion, the client rights specialist shall proceed.
(4) Where a grievance is filed on behalf of a
				  client by a person who does not have a right to information about the client
				  because of confidentiality statutes, the person may only receive confidential
				  information as part of the investigation or resolution of the grievance with
				  the informed consent of the client or his or her guardian, if there is one, the
				  parent of a client who is under the age of 18, if the parent's consent is
				  required for a release of information, or pursuant to an order of a court with
				  jurisdiction over matters relating to the client under ch. 48, 51 or 55,
				  Stats.
(5) In the absence of this
				  consent, a person presenting a grievance on behalf of a client shall be
				  informed of the determination of the client rights specialist and decision of
				  the program manager, if any, regarding the merit of the grievance, but if the
				  text of the determination contains confidential information to which the person
				  is not privileged or for which a release has not been obtained, the text may
				  not be disclosed to the person.
(6)
(a) A person presenting a grievance on behalf
				  of a client may request additional review of an adverse decision, up to and
				  including final state review under s.
				  DHS
				  94.44.
(b)
				  If the client is opposed to requesting additional review, or when the parent or
				  guardian's consent is required for treatment and the parent or guardian is
				  opposed to requesting additional review, the reviewing officer may only proceed
				  if the person presenting the grievance provides sufficient information to
				  demonstrate that there are reasonable grounds for believing that failure to
				  proceed may place the client or other clients at risk of physical or emotional
				  harm.