SEARCH

Consumer Appeals Process

Purpose

To provide a mechanism for the Alcohol and Drug Addiction Services Board of Cuyahoga County to investigate and attempt to resolve complaints and grievances of clients and consumers participating in alcohol and other drug prevention and/or treatment programs of Board contract providers; and to ensure Board compliance with all federal and state laws and administrative rules governing the protection client and consumer rights, including cases of client abuse and neglect.

Policy

It is the policy of the Alcohol and Drug Addiction Services Board of Cuyahoga County to support and protect client and consumer rights by investigating client grievances and complaints of client abuse and/or neglect.

Procedure

The Alcohol & Drug Addiction Services Board (ADASBCC) Consumer Appeals Process is available to any consumer of an ADASBCC funded agency. All consumers have the right to file an appeal without fear of restraint, interference, coercion, or retaliation. Both the ADASBCC and the Federal Confidentiality Rules (42 CFR, Part 2) protects any disclosure on behalf of the consumer. The Federal rules prohibit the ADASBCC from making any further disclosure unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by 42 CFR, Part 2. The Federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient.

There are two procedures in the consumer appeals process. The first involves a consumer complaint. The second involves a formal consumer appeal.

STEP 1

The Consumer contacts the ADASBCC Appeals officer in person or by phone. ADASBCC Appeals Officer hears consumer complaint, and determines what efforts have been made by consumer to resolve issue with agency. The complaint will be recorded in writing. The consumer will receive verbal information regarding the ADASBCC Appeals process.

STEP 2

If the consumer wishes to file a formal consumer complaint, then the ADASBCC Appeals Officer will contact the provider’s designated staff to inform the provider of the complaint. All contacts are made with the consumer permission and respecting Federal Confidentiality Rules (42 CFR, Part 2). Attempts are made to resolve the issue.

STEP 3

ADASBCC Appeals Officer contacts consumer and discusses agency response and consumer concerns. If consumer is satisfied with results, process complete.If the complaint is not resolved at this level, the consumer may wish to file a formal consumer appeal.

STEP 1

The consumer has exhausted or found inapplicable the ADASBCC Consumer Complaint procedure and the agency grievance procedure with which they have a grievance.

STEP 2

The ADASBCC Appeals Officer will review, record, and make available, information related to the filing of an appeal to the consumer. All forms related to the appeal will be explained to the consumer.

STEP 3

If the consumer meets the conditions of the criteria outlined in Step 1 and chooses to file a formal, written consumer appeal, the consumer shall meet with the Board’s Appeals Officer to complete a Grievance Appeals Form and sign a release of information consent, permitting the Appeals Officer to review information pertinent to the grievance.

The consumer shall prepare, in writing, the Grievance Appeals Complaint Form within 12 months of the incident. The Appeal shall at minimum, contain the following information:

1. A description of the action, conduct or incident giving rise to the grievance appeal.
2. The relevant dates, and approximate time, on which the incident occurred.
3. The person(s) involved in the incident
4. The corrective action or response desired
5. A brief summary of all previous efforts to resolve the grievance at the provider level, utilizing the provider’s designated Grievance Officer.
6. The signature of the consumer and date.

In the event that the consumer is unable to write the appeal, the Board Appeals Officer will assist the consumer in completing the written appeal.

The Board will provide written acknowledgement of receipt of the consumer appeal to each consumer. This acknowledgment shall be provided within three working days from receipt of the consumer appeal. The written acknowledgment will include, but not be limited to, the date the consumer appeal was received, summary of the consumer appeal, and an overview of the consumer appeals process, timetable for completion of investigation and notification of resolution, the Board address, telephone number and name of Appeals Officer.

STEP 4

At minimum, the Appeals Officer shall make a resolution decision on a written grievance appeal within 21 days. In special instances, this time period may be extended to obtain and review additional materials presented by the consumer and/or provider agency.

Written findings will be forwarded to the consumer by certified letter by the Appeals officer. The findings will include information to assist the consumer in filing grievances to the following agencies if necessary: The Ohio Department of Alcohol and Drug Addiction Services (ODADAS), the Ohio Legal Rights Service, and the United States Department of Health and Human Services Civil Rights Regional Office.

A copy will be forwarded to the agency. Copies of the findings will be placed in the provider’s agency file.

Records of Consumer Appeals (Client Grievances) will be maintained for at least two years from resolution. Records will include at a minimum: A copy of the consumer appeal, documentation reflecting the process used and resolution/remedy of the consumer appeal, documentation, if applicable, of extenuating circumstances for extending the time period for resolving the consumer appeal beyond twenty-one calendar days.

In the event of an emergency, the Appeals Officer, along with the Director of Program Services will work directly with the provider to address the consumer’s immediate needs.

Revised 6/4/02

Printer Friendly Version | Consumer Rights | Back to Board Policies