R9-21-404. Persons Responsible for Resolving Grievances and Requests for Investigation

A. Allegations involving rights violations, except those involving physical abuse, sexual abuse, or sexual misconduct of a mental health agency, or as a result of an employee of a mental health agency, shall be addressed to and initially decided by the appropriate health plan. 1. If the mental health agency is operated exclusively by a governmental entity, then the allegation shall be addressed to and initially decided by the agency. 2. Allegations of physical abuse, sexual abuse, or sexual misconduct that occurred in a mental health agency, or as a result of an action of a person employed by a mental health agency, shall be addressed to and decided by the Administration. B. Allegations involving conditions requiring investigation shall be addressed to and initially decided by the appropriate health plan. 1. If the mental health agency is operated exclusively by a governmental entity, the allegation shall be addressed to and initially decided by that agency. 2. Allegations of a client death, which occurred in a mental health agency, or as a result of an action of a person employed by a mental health agency, shall be addressed to and decided by the Administration. C. Within five days of receipt by a mental health agency of a grievance or request for investigation: 1. The mental health agency shall inform the person filing the grievance or request, in writing, that the grievance or request has been received; 2. If the mental health agency is operated exclusively by a governmental entity, the mental health agency shall provide a copy of the grievance to the appropriate health plan; and 3. If the client is in need of special assistance, the mental health agency shall immediately send a copy of the grievance or request to the Office of Human Rights and the Independent Oversight Committee with jurisdiction over the agency.