Complaint Resolution Process

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Progressive Adult Rehabilitation Center, Inc.

Dispute Resolution Process

 

Policy:  It is the policy of Progressive Adult Rehabilitation Center, Inc. that individuals served in its programs shall have the right to file a complaint and have a fair hearing to have their complaint resolved.

 

The Executive Director shall not take, permit, or condone any actions to retaliate against or prevent anyone from filing a complaint or helping an individual to file a complaint. The Executive Director or designee shall assist the individual in understanding the complaint process, options for resolutions elements for confidentiality involved.

 

Procedure: Each individual has a right to:

  1. Make a complaint that provider has violated any of the rights assured under this chapter.
  2. Have a timely and fair review of any complaint in accordance with this chapter and the program’s human rights complaint resolution policies and procedures.
  3. Have someone file a complaint on his behalf.
  4. Use these and other complaint procedures; and
  5. Make a complaint under any other applicable law, including to the protect and advocacy agency.

 

Procedure: The individual shall:

  1. Be contacted by Executive Director or designee regarding the complaint within 24 hours of receiving the compliant.
  2. Have access to a human rights advocate for assistance with the filing complaint if desired.
  3. Be protected from retaliation and harm.
  4. Have the complaint reviewed, investigated, and resolved as soon as possible.
  5. Receive a report with the Executive Director’s decision and action plan within 10 working days: and
  6. Be notified in writing of his right to and the process for appealing the Executive Director’s decision and action plan.

 

Procedure: Upon receipt of a complaint, Progressive Adult Rehabilitation Center, Inc. shall:

  1. Notify the department of the complaint as soon as possible, but no later than the next business day.
  2. The Executive Director or designee shall contact the individual regarding the complaint within 24 hours.
  3. The Executive Director or designee shall initiate an impartial investigation into, or resolution of, the complaint as soon as possible, but no later than the next business day.
  4. Executive Director or designee shall take all steps necessary to ensure that individuals involve in the complaint are protected from retaliation and harm.
  5. Executive Director or designee shall assist the individual making a complaint and understanding the human rights compliant process, Progressive Adult Rehabilitation Center’s complaint resolution policies and procedures, and the confidentiality of involved information.
  6. The Executive Director or designee shall communicate to the individual in the manner, format and language most easily understood by the individual.
  7. The Executive Director or designee shall adhere to reporting requirements in 12VAC35-115-230; and
  8. The Executive Director or designee shall report the director’s decision and plan of action within 10 working days to the individual, authorized representative, if applicable, and the human rights advocate.

 

 

 

 

 

 

Progressive Adult Rehabilitation Complaint Process is as follows:

 

Procedure for filing a complaint:

  1. Anyone who believes that Progressive Adult Rehabilitation Center, Inc. has violated an individual’s rights under this chapter can report it to the Executive Director or designee or report it to the human rights advocate for resolution.
  2. Progressive Adult Rehabilitation Center, Inc. employees shall not take, threaten to take, permit, or condone any action (i) to punish or retaliate against anyone filing a complaint or (ii) to prevent anyone from filing or helping an individual file a complaint either under this chapter or with an outside entity.
  3. The Executive Director or designee will make every attempt to resolve the individual’s complaint as quickly as possible.
  4. The Executive Director or designee shall provide opportunities for timely negotiation and resolution for all complaints, including the additional requirements related to abuse, neglect, or exploitation.
  5. Progressive Adult Rehabilitation Center, Inc. Executive Director or designee shall utilize the following process for complaint review and investigation.

 

 

Step 1:  The Executive Director or designee shall try to resolve the complaint by meeting with the individual, any representative the individual chooses, or the human rights advocate within 24 hours of receipt of the complaint or the next business day if the day is a weekend or holiday.  The director or designee shall investigate of the compliant if necessary.

 

Step 2:  The director or his designee shall give the individual and his chosen representative a written preliminary decision and where appropriate, an action plan for resolving the complaint within 10 working days of receiving the complaint.  Along with the action plan the director shall provide written notice to the individual about the time frame for the individual’s response pursuant to Step 3 of this subdivision, information about how to contact the human rights advocate for assistance with the process and a statement the complaint will be closed if the individual does not respond.

 

Step 3:  If the individual disagrees with the director’s preliminary decision or action plan, he can respond to the director in writing within five working days after receiving the preliminary decision and action plan. If the individual has not responded within five working days, the complaint will be closed.

 

 

Step 4: If the individual disagrees with the preliminary decision or action plan and reports his disagreement to the director in writing within 5 working days after receiving the decision or action plan, the Director shall investigate further as appropriate and shall make a final decision regarding the complaint. The Director shall forward a written copy of his final decision and action plan to the individual his chosen representative, and the human rights advocate within 5 working days after the Director receives the individual’s written response.  Along with the action plan the Director must provide written notification to the individual about the time frame for the individual’s response pursuant to step 5 of this subdivision, information about how to contact the human rights advocate for assistance with the process, and a statement that if the individual does not respond that the complaint will be closed.

 

Step 5:  If the individual disagrees with the director’s final decision or action plan, he may file a petition for a hearing by the LHRC using procedures prescribed in 12VAC35-115-180. If the individual has accepted the relief offered by the Director, the matter is not subject to further review.

 

 

 

 

Policy:  It is the policy of Progressive Adult Rehabilitation Center, Inc. that all employees, individuals, and authorized representatives have knowledge of the agency’s complaint resolution process.

 

Procedure: Progressive Adult Rehabilitation Center, Inc. will make its complaint and resolution process known in the following manner.

 

  1. All staff shall be trained in the agency’s review and complaint resolution process during the initial employment orientation, and thereafter on an annual basis.
  2. Individuals and authorized representatives shall receive an Individual Handbook which outlines the agency’s complaint review and resolution process upon admission to the program or services; and
  3. Individuals and authorized representatives shall be required to review and sign notification of rights, which includes right to file a complaint at the time of admission on an annual basis at the time of the individual’s annual plan or care meeting; and
  4. Progressive Adult Rehabilitation Center, Inc. will post human rights posters in various locations within the program with notification of rights and right to file complaint if the individual feels that his rights have been violated.

 

 

Policy:  Progressive Adult Rehabilitation Center, Inc. will take additional steps as required under this chapter when the complaint involves allegations of abuse, neglect, or exploitation:

 

Procedure:  The Executive Director or designee shall take steps to protect the individual until the investigation is complete, including:

  1. Staff directly involved in the allegation may be placed on administrative leave with or without pay pending the outcome of the investigation so that they will not come into contact with the individual and or attempt to influence staff who may have knowledge of the alleged incident; and
  2. Staff may be temporarily reassigned to a different location if possible, to protect the individual and to not compromise the integrity of the investigation.

 

Procedure: The Executive Director or designee shall report any incident of seclusion or restraints that does not comply with this chapter or an approved variance, or that result in injury to an individual to the authorized   representative, as applicable, and the department in accordance with requirements for reporting allegations of abuse. Progressive Adult Rehabilitation does not permit seclusion and restraint may only be temporarily used to  protect the individual or others.

 

Procedure:  The Executive Director or designee shall notify the department and the authorized representative, if applicable, of an allegation abuse or neglect within 24 hours of the receipt of the allegation.

  1. Authorized representative shall be notified by phone or in face- to- face meeting.
  2. The Department shall be notified utilizing the department’s web-based notification system.

 

Procedure:  The Executive Director or designee shall form an investigation panel of supervisory staff of Progressive Adult Rehabilitation Center, Inc. that are not involved in the issues under investigation within 24 hours of receiving the allegation of abuse or neglect.

 

  1. Investigation panel will interview the individual, the staff allegedly involved in the allegation of abuse or neglect and all other parties including other individuals and staff who may have knowledge of the incident in question.
  2. The investigation panel shall record informal obtained during the interview to review and consideration in reviewing facts presented by all witnesses, etc.
  3. The investigation panel shall provide a written report of the results of abuse or neglect to the Executive Director and to the human rights advocate within 10 working days from the date the investigation began unless an extension has been granted.
  4. The Executive Director shall decide, based upon the investigation report and any other available information, whether the abuse, neglect, or exploitation occurred. Unless otherwise provided by law, the standard for deciding whether abuse, neglect, or exploitation has occurred is preponderance of evidence.
  5. The Executive Director or designee shall submit the final decision and action plan, if applicable, to the individual, authorized representative, and the human rights advocate within 10 working days of completion.

 

Procedure:  If the human rights advocate concludes that there is substantial risk that serious or irreparable harm will result if the complaint is not resolved immediately, the human rights shall inform the director, Progressive Adult Rehabilitation Center Board of Directors and the LHRC.  The LHRC shall conduct a hearing according to the Special procedures for emergency hearings in 12VAC35-11-190.

 

Procedure:  The Executive Director or designee shall cooperate fully with any abuse or neglect complaint investigation conducted by a local department of social services.

 

Procedure:  If the Executive Director or designee has reason to suspect that the abusive, neglectful, or exploitative act is a crime and that it occurred on the program premises, the Executive Director or designee shall immediately contact the appropriate law enforcement authorities and cooperate fully with any investigation that may result.