Complaints

Section 205 Section 205.810  Complaints a)         The Department shall investigate all complaints received regarding any ambulatory surgical treatment center or any physician practicing in an ambulatory surgical treatment center (except as provided in subsection (d) of this Section).  Complaints should preferably be in writing and contain sufficient facts to facilitate the investigation.  Complaints by telephone will be accepted. b)         Each ambulatory surgical treatment center shall post a notice provided by the Department which reads:  "If you have concerns about the care being provided in this licensed ambulatory surgical treatment center you may file a complaint with the Department of Public Health by writing to the following address:  [address], or by calling [telephone number] during regular business hours. You may also wish to discuss your concerns with the personnel available at this facility. This notice is posted as required by regulation of the Department of Public Health." The notice shall be posted in each center in a location visible to staff, patients, visitors, and the general public. c)         Upon receipt of each complaint the Department will, within seven days, acknowledge by letter receipt of the complaint. d)         If the complaint contains allegations that would constitute a prima facie violation of the Act or this Part, an investigation will be conducted.  Whenever the complaint concerns matters outside the jurisdiction of the Department or may concern matters that are within the jurisdiction of another agency, the complaint also will be referred to the appropriate agency whenever so doing does not violate patient confidentiality. e)         The Department will investigate each complaint as quickly as possible based on available personnel and resources.  Complaints that constitute a threat to the public health will be investigated within ten days of receipt of the complaint. f)         The Department will utilize the most efficient and effective methods to investigate each complaint.  This may include inspections pursuant to Section 9 of the Act and the issuance of subpoenas and subpoenas duce tecum pursuant to Section 10g(c) of the Act, when appropriate. g)         Upon the conclusion of the investigation the complainant will be notified of the results of the investigation and any action taken by the Department.