Full Text
1 DOUGLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES GRIEVANCE PROCEDURE I. POLICY It is the policy of the Douglas County Department of Health and Human Services (Department) that a consumer who is receiving any type of service for Alcoholism, Drug Abuse, a Developmental Disability, a Mental Illness, Child Welfare or Public Health and dissatisfied with a procedure, care or benefit may seek resolution through the Department’s Grievance Procedure (Procedure). The Procedure shall provide timely and effective means to resolve complaints and grievances; and shall follow guidelines established by the Department of Children and Families and the Department of Health Services. II. CONSUMER RIGHTS Pursuant to Wisconsin and federal law, particularly Chapter 51, Stats., Wis. Admin. Code DHS 92 and 94, and the Health Insurance Portability and Accountability Act. • A consumer has the right to be treated with dignity and respect, without verbal or physical abuse. • A consumer has the right to fair and reasonable decisions about her/his treatment and care. • A consumer cannot be treated differently because of race, national origin, sex, age, religion, disability, or sexual orientation. • A consumer must be provided prompt, appropriate and adequate treatment, rehabilitation, and educational services. • A consumer must be allowed to participate in the planning of her/his treatment and care. • A consumer must be informed of her/his treatment and care, including alternatives and possible side effects of medications. No treatment of medication may be given to a consumer without her/his consent, unless it is needed in an emergency to prevent serious physical harm or a court orders it. • A consumer must not be given unnecessary or excessive medication. • A consumer cannot be subjected to drastic treatment measures without written informed consent. • A consumer must be informed of any costs of care and treatment. • A consumer’s treatment information must be kept private (confidential). A consumer’s records cannot be released without consent, except under specific circumstances. • A consumer can see her/his records. If a consumer believes something in the record is inaccurate, s/he can challenge its accuracy. III. PROCEDURE REGARDING GRIEVANCES Any consumer who feels her/his rights have been violated may to file a Grievance using this Procedure. General Guidelines A. A consumer cannot be threatened or penalized in any way for filing a Grievance. B. Consumers will be provided a copy of this Procedure. Consumers with questions or concerns regarding the Procedure may call the Department at (715) 395-1304. C. Any policy/procedure changes made in response to a Grievance must occur within a reasonable time. ---PAGE BREAK--- 2 D. An individual assigned to conduct a Grievance investigation shall not have had involvement in the situation forming the basis for the Grievance. E. A consumer may choose to seek redress through the State at any time during the Grievance process. If the consumer seeks redress through other means, the Grievance Procedure ends on the date the consumer begins other action. F. Consumers are encouraged to attempt to resolve conflicts or concerns in an “informal” manner prior to filing a Grievance. This means discussing any concerns with the individual(s) with whom the concern has arisen prior to filing. A consumer may file a Grievance at any time if s/he believes resolution cannot be achieved through the “informal” process. Stage 1 – Initial Grievance Report A. To initiate a Grievance a consumer shall submit a written Grievance to the Department within forty-five (45) days of the incident giving rise to the Grievance. The Grievance shall be submitted to the Douglas County Health and Human Services Department, 1316 N. 14th Street, Superior, WI 54880, using the form provided. B. Upon receipt of the Grievance, the case worker will issue a written report regarding the circumstances related to the Grievance within ten (10) days, and shall provide copy of the same to the consumer and the supervisor. Stage 2 – Supervisor Review A. If the consumer wishes to appeal the case worker’s report, the consumer shall inform the case worker within ten (10) days of receipt of the case worker’s report of such appeal. B. Upon notification by the case worker that the consumer wishes to appeal the case worker’s report, the supervisor will review the file and may seek additional information as necessary. The supervisor will issue a written decision regarding the Grievance within ten (10) days of notification of the appeal. Stage 3 – Director Review A. If the consumer wishes to appeal the supervisor’s decision, the consumer shall inform the supervisor within ten (10) days of receipt of the supervisor’s decision of such appeal. B. Upon notification by the supervisor that the consumer wishes to appeal the supervisor’s decision, the Director or her/his designee will review the case record and may seek additional information as necessary. C. The Director or her/his designee will issue a written decision within twenty (20) days of of notification of the appeal. ---PAGE BREAK--- 3 IV. APPEAL TO THE STATE For those consumers utilizing the grievance process pursuant to § 51.61, Stats., , they may A. If the Department’s decision is adverse to the consumer, s/he may appeal directly to the State of Wisconsin Department of Health by contacting the regional office in Eau Claire. The State Regional Office will not review a complaint until the County grievance procedure is completed. A review by the Regional Office may not affect the outcome of the County Grievance Procedure. B. The consumer may also bypass all previous routes outlined and file a Grievance or Appeal directly with the State of Wisconsin Department of Hearings & Appeals (State Fair Hearing) by writing to State of Wisconsin, Department of Administration, Division of Hearings & Appeals, P.O. Box 7875, Madison, WI 53707-7875. 3/09 ---PAGE BREAK--- 4 DOUGLAS COUNTY GRIEVANCE INITIATION Name of Consumer State Zip Phone Number Fax Number Grievance Description (include dates of relevant events, names, addresses & phone numbers of all parties): Desired Resolution: Submitted By: Signature Date Print Phone Address Send To: DOUGLAS COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES Attn: Deputy Director 1316 N.14th Street Superior, WI 54880 Fax: (715) 395-1370 ---PAGE BREAK--- 5 DOUGLAS COUNTY GRIEVANCE ACKNOWLEDGEMENT December 30, 2008 [Grievant] [Address] Re: [Consumer Name] [Consumer DOB] Dear [Grievant]: The Douglas County Department of Health and Human Services received your Grievance on (date), concerning [description of grievance]. Your Grievance is important and will be investigated pursuant to the enclosed County Grievance Policy. Please contact the Douglas County Health and Human Services Department at (715) 395-1304 should you have any questions regarding the Grievance process. Sincerely, Douglas County Department of Health and Human Services cc: Deputy Director Consumer File