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.
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.