PROCEDURE FOR IMPLEMENTATION AND REMEDIES FOR VIOLATIONS:

PROCEDURE FOR IMPLEMENTATION AND REMEDIES FOR VIOLATIONS: A. Each program will prominently post in each living unit and throughout the program a document setting forth the rights of individuals receiving services and the means by which they may contact a program advocate. B. Each individual receiving services, or legally authorized representative, if applicable, shall be personally given notice of the rights in writing upon admission and annually thereafter. This notice may be a summary outlining their rights with directions as to how they may access this document. C. Receipt of this notice shall be documented in the record. If the individual receiving services refuses or is unable to acknowledge receipt of such notice, the person delivering such notice shall document that fact in the record of the individual receiving services. D. If an individual receiving services is unable to read the summary notice of these rights, the notice shall be read to him. E. Each individual receiving services is entitled to a speedy and impartial review of alleged violation of the rights assured him/her under these policies and procedures. This review will occur via the procedures outlined herein. F. Information gathered during such review will be strictly confidential and will not be disclosed except to the extent necessary to conduct the review. G. Each individual receiving services shall have the right of access to legal counsel of his/her own choice and expense. Each individual receiving services who cannot afford or is otherwise unable to retain private counsel will be informed of the existence and location of the legal aid office and shall be afforded assistance, if needed, in contacting that office. H. When an individual receiving services, an Investigator-Advocate, and employee, or any other interested party believes that an individual’s rights have been violated that person may present his/her complaints to the Investigator- Advocate, Director or Executive Director. This shall be routed to the correct Investigator-Advocate who shall ensure that the complaint is filed. Complaints/violations which may be abuse, neglect, or exploitation must be reported and investigated pursuant to guidelines set out for vulnerable adults investigations. Complaints relating to violations of health information rights shall be referred to the privacy officer for investigation. I. The Investigator-Advocate will meet with the individual receiving services and all other persons deemed necessary not later than ten (10) working days after the complaint is filed. It shall be the Investigator-Advocate's responsibility to remedy the problem by informal procedures if possible and allowable, depending upon the nature of the complaint. J. The party making the complaint in good faith and without malice will have no action taken against him/her nor threats made toward him/her for bringing the complaint. K. If the complaint cannot be resolved informally or the individual receiving services or the representative is otherwise dissatisfied with its resolution, either of these persons may request a conference before the HRAC. A request for a conference will be in writing and shall contain a description of the alleged violation or any other information the HRAC considers appropriate. The individual receiving services may be assisted by the Investigator-Advocate or by person of his/her choice. If the individual chooses a person other than the Investigator-Advocate for assistance, the individual receiving services or the representative may request the Investigator-Advocate to assist in filing the request for a conference. The chairperson the HRAC shall forward a copy of the request for a conference to the Director and to the persons allegedly responsible for the alleged violations. The alleged violator shall also have the right to file a written statement with the HRAC. L. The HRAC shall hold a fact-finding conference within fifteen (15) working days after the receipt of a request for a conference. M. No later than fifteen (15) working days after the completion of the conference, the HRAC shall submit a report to the Director and to other designated parties of its findings and recommendations. N. The Director will utilize these findings and recommendations to support a finding that no further action is needed or that a corrective plan is appropriate. If the Director recommends a plan of corrective action, a copy of the plan shall be forwarded to the HRAC. O. There will be promulgated by the Director and reviewed by the HRAC a plan to deal with situations (i.e., violations of rights) that may, in the opinion of the Investigator- Advocate, result in serious harm to the individual receiving services if not remedied immediately. P. If the person bringing the complaint is not satisfied with the resolution recommended and approved, he/she may file an Appeal to the Board. This Appeal must be in compliance with the Board's regulation on Appeals to the Board and request a review by the Board. This request should come within fifteen (15) working days of the response. Q. The director will also have the right to appeal to the Board upon the approval of the Executive Director.