PROPOSAL
Maryland Register
Issue Date: August 4, 2017
Volume 44 • Issue 16 • Pages 810—811
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 21 MENTAL HYGIENE REGULATIONS
10.21.14 Resident Grievance System
Authority: Health-General Article, §§7.5-201, 7.5-205(d), and 10-701[(g)], Annotated Code of Maryland
Notice of Proposed Action
[17-206-P]
The Secretary of Health proposes to amend Regulations .01—.04, .06, and .10 under COMAR 10.21.14 Resident Grievance System.
Statement of Purpose
The purpose of this action is to update regulations with the current administration’s name, in accordance with Ch. 460, Acts of 2014.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through September 5, 2017. A public hearing has not been scheduled.
These regulations govern the administrative process to be used to ensure that the rights of residents residing in the [Mental Hygiene] Behavioral Health Administration facilities are protected. Although the residents and the legal assistance providers ultimately shall decide whether to invoke the Resident Grievance System, it is the intent that the Resident Grievance System provide a fair, efficient, and complete mechanism for receiving, investigating, and resolving resident complaints, including rights issues, in a timely manner.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Central Review Committee” means the Maryland Department of Health (MDH) staff or their respective designees in the following positions:
(a) The Director of [Mental Hygiene] the Behavioral Health Administration;
(b) The clinical director of [Mental Hygiene] the Behavioral Health Administration; and
(c) (text unchanged)
(2) “Chief executive officer (CEO)” means the individual appointed by the Director of the [Mental Hygiene] Behavioral Health Administration to act on the Director’s behalf in the overall management of a [Mental Hygiene] Behavioral Health Administration facility.
(3)—(5) (text unchanged)
(6) “Facility” means an inpatient or residential institution that is owned or directly operated by the [Mental Hygiene] Behavioral Health Administration.
(7)—(9) (text unchanged)
(10) “Resident” means an individual who resides in a [Mental Hygiene] Behavioral Health Administration inpatient or residential facility or who was released or discharged from the facility within the past 90 days.
(11)—(16) (text unchanged)
.03 General Policies of the Resident Grievance System.
A.—B. (text unchanged)
C. To ensure that the rights of residents in [the Mental Hygiene] the Behavioral Health Administration facilities are fully protected and that allegations of rights violations are investigated and resolved, the Director of the RGS shall provide an accessible internal system.
D.—N. (text unchanged)
.04 Duties of the Rights Advisors and Director of the RGS.
A. The rights advisor shall:
(1)—(7) (text unchanged)
(8) When a rights advisor discusses a grievance with a grievant, inform the grievant that, if the grievant requests, the rights advisor is available to attend and advocate for the grievant before [Mental Hygiene] the Behavioral Health Administration committees, boards, and tribunals;
(9)—(10) (text unchanged)
B. The Director of the RGS shall:
(1)—(2) (text unchanged)
(3) If a rights advisor informs the Director of the RGS that the CEO has not taken corrective action within a reasonable period of time, notify the Director of the [Mental Hygiene] Behavioral Health Administration, who shall ensure that grievance resolution, at any level, is implemented promptly;
(4)—(5) (text unchanged)
.06 Grievance Procedure Stage 1: Rights Advisor’s Role.
A.—G. (text unchanged)
H. If the rights advisor’s initial investigation concludes there is substantial risk of serious harm, or there is the potential for serious harm to a grievant if the alleged violation is not remedied promptly:
(1) The rights advisor shall inform immediately the:
(a)—(c) (text unchanged)
(d) Director of [Mental Hygiene] the Behavioral Health Administration or the [Mental Hygiene] Behavioral Health Administration Director’s designee; and
(2) (text unchanged)
.10 Resident Grievance System Reports.
A. (text unchanged)
B. With the identity of those involved in the grievance deleted, the Director of the RGS shall ensure that the decisions on all 4th-stage grievances be:
(1)—(4) (text unchanged)
(5) Sent to [Mental Hygiene] the Behavioral Health Administration [regional directors and] facility CEOs.
C. With the identity of those involved in the grievance deleted, all decisions with Statewide impact, as determined by the Director of the RGS, shall be:
(1) (text unchanged)
(2) Sent to all [Mental Hygiene] Behavioral Health Administration personnel involved in or affected by the decision.
D. (text unchanged)
DENNIS SCHRADER
Secretary of Health
