Mental Health Rights Grievance Procedure
The following is the grievance procedure from Ohio Administrative Code § 5122:2-1-02. It is not the complete text of the rule. To read the complete rule, see 5122:2-1-02 Client rights and grievance procedures.
Ohio Administrative Code § 5122:2-1-02 Client rights and grievance procedures
(1) Each agency and each board which itself provides mental health services must have a written grievance procedure which provides for the following:
(a) Assistance in filing the grievance if needed by the griever, investigation of the grievance on behalf of the griever, and agency representation for the griever at the agency hearing on the grievance if desired by the griever. The grievance procedure shall clearly specify the name, title, location, hours of availability, and telephone number of the person(s) designated to provide the above activities;
(b) An explanation of the process from the original filing of the grievance to the final resolution, which shall include reasonable opportunity for the griever and/or his designated representative to be heard by an impartial decision-maker;
(c) A specification of time lines for resolving the grievance not to exceed twenty working days from the date of filing the grievance;
(d) A specification that written notification and explanation of the resolution will be provided to the client, or to the griever if other than the client, with the client's permission;
(e) Opportunity to file a grievance within a reasonable period of time from the date the grievance occurred;
(f) A statement regarding the option of the griever to initiate a complaint with any or all of several outside entities, specifically the community mental health board, the Ohio department of mental health, the Ohio legal rights service, the U.S. department of health and human services, and appropriate professional licensing or regulatory associations. The relevant addresses and telephone numbers shall be included;
(g) Provision for providing, upon request, all relevant information about the grievance to one or more of the organizations specified in paragraph (G)(1)(f) of this rule to which the griever has initiated a complaint.
(2) Each agency shall make provision for posting the grievance procedure in a conspicuous place and for distributing a copy of the written grievance procedure (see paragraph (G)(1) of this rule) to each applicant and each client, upon request.
(3) Each agency shall make provision for prompt accessibility of the client rights officer to the griever.
(4) Each agency shall provide alternative arrangements for situations in which the client rights officer is the subject of the grievance.
(5) Each agency shall provide that every staff person, including administrative, clerical, and support staff, has a clearly understood, specified, continuing responsibility to immediately advise any client or any other person who is articulating a concern, complaint, or grievance, about the name and availability of the agency's client rights officer and the complainant's right to file a grievance.
(6) Each agency shall provide for the client rights officer to take all necessary steps to assure compliance with the grievance procedure.
(H) Community mental health board procedure
(1) Each community mental health board shall assure in its community plan that each contract agency has a grievance procedure in place which meets the requirements of this rule.
(2) Each community mental health board must establish a procedure for addressing client rights complaints. This procedure must include:
(a) Provision for accessing agency information relevant to the complaint;
(b) Provision of written copy of the board's grievance procedure to be available on request;
(c) Specification of time lines for a resolution of the grievance, not to exceed twenty working days from the date the grievance is filed;
(d) Provision for written notification and explanation of the resolution to be provided to the client, or to the griever if other than the client, with the client's permission;
(e) A statement regarding the option of the griever to further grieve with any or all of the following: Ohio department of mental health, Ohio legal rights service, U.S. department of health and human services. Appropriate professional licensing or regulatory boards' relevant names, addresses, and telephone numbers shall be included;
(f) Provision for providing, upon request, relevant information about the grievance to one or more of the organizations specified in paragraph (H)(2)(e) of this rule to which the griever has initiated a complaint.
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