OAR 309-019-0215
Grievances and Appeals

(1) Any individual or parent or guardian receiving services may file a grievance with the provider, the individual’s coordinated care plan, or the Division.
(2) The provider’s grievance process shall:
(a) Notify each individual or guardian of the grievance procedures by reviewing a written copy of the policy upon entry;
(b) Assist individuals and parents or guardians to understand and complete the grievance process and notify them of the results and basis for the decision;
(c) Encourage and facilitate resolution of the grievance at the lowest possible level;
(d) Complete an investigation of any grievance within 30 calendar days;
(e) Implement a procedure for accepting, processing, and responding to grievances including specific timelines for each;
(f) Designate a program staff individual to receive and process the grievance;
(g) Document any action taken on a substantiated grievance within a timely manner; and
(h) Document receipt, investigation, and action taken in response to the grievance.
(4) The provider shall post a Grievance Process Notice in a common area stating the telephone numbers of:
(a) The Division;
(b) Disability Rights Oregon;
(c) Any applicable coordinated care organization; and
(d) The Governor’s Advocacy Office.
(5) In circumstances where the matter of the grievance is likely to cause harm to the individual before the grievance procedures are completed, the individual or guardian of the individual may request an expedited review. The program administrator shall review and respond in writing to the grievance within 48 hours of receipt of the grievance. The written response shall include information about the appeal process.
(6) A grievant, witness, or staff member of a provider may not be subject to retaliation by a provider for making a report or being interviewed about a grievance or being a witness. Retaliation may include but is not limited to dismissal or harassment, reduction in services, wages, or benefits, or basing service or a performance review on the action.
(7) The grievant is immune from any civil or criminal liability with respect to the making or content of a grievance made in good faith.
(8) Individuals and their legal guardians may appeal entry, transfer, and grievance decisions as follows:
(a) If the individual or guardian is not satisfied with the decision, the individual or guardian may file an appeal in writing within ten working days of the date of the program administrator’s response to the grievance or notification of denial for services. The appeal shall be submitted to the Division;
(b) If requested, program staff shall be available to assist the individual;
(c) The Division shall provide a written response within ten working days of the receipt of the appeal; and
(d) If the individual or guardian is not satisfied with the appeal decision, they may file a second appeal in writing within ten working days of the date of the written response to the Division Director.

Source: Rule 309-019-0215 — Grievances and Appeals, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-019-0215.

309‑019‑0100
Purpose and Scope 309‑019‑0105
Definitions 309‑019‑0110
Provider Policies 309‑019‑0115
Individual Rights 309‑019‑0125
Specific Staff Qualifications and Competencies 309‑019‑0130
Personnel Documentation, Training, and Supervision 309‑019‑0135
Entry and Assessment 309‑019‑0140
Service Plan and Service Notes 309‑019‑0145
Co-Occurring Mental Health and Substance Use Disorders (COD) 309‑019‑0150
Community Mental Health Programs (CMHP) 309‑019‑0155
Enhanced Care Services (ECS) and Enhanced Care Outreach Services (ECOS) 309‑019‑0160
Psychiatric Security Review Board and Juvenile Psychiatric Security Review Board 309‑019‑0165
Intensive Outpatient Services and Supports (IOSS) for Children 309‑019‑0167
Intensive In-Home Behavioral Health Treatment (IIBHT) for Children 309‑019‑0170
Outpatient Problem Gambling Treatment and Recovery Services 309‑019‑0175
Culturally Specific Substance Use Disorders Treatment and Recovery Services 309‑019‑0185
Outpatient Substance Use Disorders Treatment and Recovery Programs 309‑019‑0190
Community-Based Substance Use Treatment Programs for Individuals in the Criminal Justice System 309‑019‑0195
DUII Services Providers 309‑019‑0200
Medical Protocols in Outpatient Substance Use Disorders Treatment and Recovery Programs 309‑019‑0205
Building Requirements in Behavioral Health Programs 309‑019‑0210
Quality Assessment and Performance Improvement 309‑019‑0215
Grievances and Appeals 309‑019‑0220
Variances 309‑019‑0225
Assertive Community Treatment (ACT) Definitions 309‑019‑0226
Assertive Community Treatment (ACT) Overview 309‑019‑0230
ACT Provider Qualifications 309‑019‑0235
ACT Continued Fidelity Requirements 309‑019‑0240
ACT Failure to Meet Fidelity Standards 309‑019‑0241
Waiver of Minimum Fidelity Requirements 309‑019‑0242
ACT Program Operational Standards 309‑019‑0245
ACT Admission Criteria 309‑019‑0248
ACT Admission Process 309‑019‑0250
ACT Transition to Less Intensive Services and Discharge 309‑019‑0255
ACT Reporting Requirements 309‑019‑0270
Definitions 309‑019‑0275
Individual Placement and Support (IPS) Supported Employment Overview 309‑019‑0280
Supported Employment Providers 309‑019‑0285
Continued Fidelity Requirements 309‑019‑0290
Failure to Meet Fidelity Standards 309‑019‑0295
Reporting Requirements 309‑019‑0300
Service Requirements 309‑019‑0305
Provider Standards 309‑019‑0310
Minimum Staffing Requirements 309‑019‑0315
Training Requirements 309‑019‑0320
Documentation Requirements 309‑019‑0324
Youth Wraparound Definitions 309‑019‑0326
Youth Wraparound Program Rules
Last Updated

Jun. 8, 2021

Rule 309-019-0215’s source at or​.us