Library: Policy

340:105-11-233.1. Grievance process

Issued 9-15-17

The Office of the State Long-Term Care Ombudsman (Office) per Part 1327.11 of Title 42 of the Code of Federal Regulations establishes a grievance process for the receipt and review of grievances regarding the determinations or actions of the State Long-Term Care Ombudsman (Ombudsman) and Office representatives.

(1) Long-term care residents or legal representatives of residents who lack capacity to provide informed consent may ask the Ombudsman to review and reconsider complaint findings of designated representatives by submitting a request in writing or verbally to the Ombudsman or deputy ombudsman within 30-calendar days of the completion of an investigation.The Ombudsman or deputy ombudsman:

(A) completes a record review within 30-calendar days of the formal request;

(B) determines if the representative followed complaint processes per Oklahoma Administrative Code (OAC) 340:105-11-237 and 340:105-11-237.1;

(C) places notation in the case record of his or her findings, initiates any needed action for resolution, and completes any warranted changes to the case documentation; and

(D) provides a copy of the findings to the resident or the resident's legal representative.

(2) When any grievance is related to the refusal or withdraw of designation by the ombudsman entity or staff representative, the resident or the resident's legal representative has a right to request a hearing within 10-calendar days of the written notice per OAC 340:105-11-234(e).