AMHB – Dec. 13, 2000

Proposed Consumer Grievance Redress Standards

 

1.      Each grantee must have a written consumer grievance redress policy.  The grantee will clearly explain the policy to all consumers (and family members in the case of minors) upon entry to services.  Each consumer and family member will be given a simple language document (DMHDD approved) that outlines procedures, rights, and responsibilities under the policy.  A signed form confirming that the consumer and family received this document and understands the policy will be part of the consumer’s file and copies given to the consumer and family.  DMHDD approved notices outlining grievance redress policy, procedures, and resources will be prominently displayed in all grantee facilities.

 

2.      Grantee consumer grievance policies and procedures should be developed with meaningful consumer and family participation and must be stated in plain language.  The grievance process must be available to all grantee clients, without regard to services used or funding source, and to all consumers denied access to services.

 

3.      Grantee consumer grievance procedures must, at a minimum, meet the following criteria:

 

¨      The grantee must treat all grievances as genuine and pursue resolution accordingly.

¨      The grantee will provide a simple form with which consumers and family members may file grievances.  The form will include an optional waiver of confidentiality.  The grantee shall accept grievances submitted in other formats, including grievances submitted orally in person or over the telephone.

¨      Consumers or family members may designate a representative (see advocate below) to assist them during grievance proceedings.

¨      The grantee must respond in writing within 5 days of receiving a grievance or moving a grievance to the next level.  If unable to respond within 5 days, the grantee must explain why in writing.

 

4.      Consumers and family members may have advocates present during all steps of a grievance.  Upon request, grantees shall provide assistance to those who wish to file grievances.  Grantees may identify staff to provide assistance, but consumers and family members may choose their own advocate (whether from grantee staff or elsewhere).  Grantees must inform in writing those filing grievances or expressing interest in filing grievances that advocates such as the Disability Law Center, the Division of Mental Health and Developmental Disabilities, the Alaska Mental Health Consumer Web and NAMI-Alaska may be available to assist them.

 

5.      Grantees will maintain separate grievance files, which contain all documents related to grievances and record all actions resulting from grievances.  All grievances will be reported to the grantee governing body and consumer advisory body.  These reports will maintain consumer confidentiality.

 

6.      A grantee grievance process should encompass at least three steps, unless a grantee can justify a more compact process.  A presumptive justification for a compact process is the absence of distinct program levels within a grantee agency (for example, staff may consist only of a clinician and director). The party filing the grievance may elect to have an advocate present at all steps.  Recommended steps are:

 

¨      Direct dialogue with the staff member involved (with staff supervisor present if party filing the grievance desires) or that staff member’s supervisor.

¨      Grievances unresolved to the mutual satisfaction of all parties at the first level may be appealed to the program manager (or grantee equivalent);

¨      Grievances unresolved at the program level will be appealed to the executive director.

7.      Grievances unresolved by the executive director may be appealed to the governing body.  If the governing body is unable to resolve the grievance within 10 days, the grantee will report the grievance to the DMHDD Regional Coordinator.  The grantee and consumer will select either DMHDD or an independent mediator (such as a peer review committee composed of consumers and family members) to help resolve the grievance.  If the grantee and consumer are unable to agree, the consumer’s choice of mediator will have priority.  DMHDD may not mediate if acting as an advocate for a consumer. 

 

8.      Grantees should develop, or have available, alternative dispute resolution techniques or resources, including mediation, negotiation, facilitation, and conciliation.

 

9.      Grievances involving abuse or neglect of any description or unnecessary seclusion or restraint will be investigated and reported immediately to the governing body and DMHDD.

 

10.  Staff retaliation against a consumer who files a grievance will result in serious consequences for the staff, up to and including immediate dismissal.

 

 

Proposed Consumer Involvement Standards

 

1.      The grantee has a clear, written mission or philosophy that focuses on the services it provides and how it empowers consumers and their families and recognizes cultural and ethnic diversity.

 

2.      Grantee education and orientation about mission, philosophy, and values promote understanding and commitment to consumer-centered services in daily operation.

 

3.      Grantee governing body membership must be at least one-half consumers and consumer family members and embrace their meaningful participation.  Governing body membership should reflect community ethnic and cultural diversity.  If unable to do meet these criteria, a grantee must explain in writing why to DMHDD.  Grantees that do not meet this standard at the time these standards are adopted may move gradually to meet it, for example by adding consumers or family members to the governing body as openings occur.

 

4.      The grantee actively solicits and carefully utilizes consumer and family input in grantee policy setting and program delivery.  The grantee must be able to demonstrate regular and active solicitation of such input and its use in policy and program delivery decisions.

 

5.      The grantee systematically and meaningfully involves consumers, staff and community in annual grantee planning and evaluation of programs, including feedback from its current and past users about their satisfaction with the planning and delivery of services.  A preferred means of involvement is a committee or other group of consumers and family members utilizing a grantee's services.  Unless impractical, those participating in a program should choose membership on the committee or group.  Absent a compelling reason for denial, grantees should honor consumer policy and program choices.

 

6.      The grantee develops annual plans, goals, and objectives in response to consumer, community, and self-evaluation activities.

 

7.      All grantee publications, advertisements, brochures and articles reflect the grantee’s philosophy of a consumer-driven system, support the service principles, and foster a positive and respectful portrayal of people who experience disabilities.

 

8.      All grantee events and trainings are open to consumers and family members, except those the grantee can justify as inappropriate.  Adequate notification will be given to allow consumers and family members to participate.

 

9.      The grantee has and utilizes a procedure to incorporate meaningful consumer choice into the interviewing, hiring, and evaluation of direct service providers.

 

10.       The grantee makes targeted efforts to hire consumer practitioners.  The grantee has policies, training, supports, and reasonable accommodations required for consumer practitioners to succeed.  If unable to comply with this standard, grantees must explain in writing why they cannot comply.