Section 325.13105. Complaints to the department.

(1) When a person files a written complaint against, and requests investigation of, a hospice and  its  hospice   residence,  if  applicable, pursuant to section 20176 of the  code,   the  complaint,   if  alleging  a nonrecurring violation, shall be made within 12 months of the discovery of the violation or, if the complaint has been initially filed with the hospice and its hospice residence, if applicable, within 12 months following a final determination in the matter by the hospice and its hospice residence, if applicable. A complaint, if alleging a recurring violation, shall be made within 12 months of the last alleged occurrence cited in the complaint or within 12 months following a final determination in the matter by the hospice and its hospice residence, if applicable.

(2)   If a complaint is not filed within the 12?month period  specified  in subrule (1) of this rule, the department may consider the complaint based upon information supplied by the complainant as to the reasons for the failure to file within the 12?month period.

(3)    Complaints shall be in writing, shall be signed by the complainant, and shall indicate the name and address of the hospice and its hospice residence, if applicable, the nature of the  complaint,  and  the  complainant's   name, address, and telephone number. If a complaint is oral, the department shall have the option of determining what,  if any, action it will take in investigating the complaint.

(4)   Anonymous complaints shall be received and evaluated. The department may investigate anonymous complaints.

(5)     A complainant who is dissatisfied with the written determination or investigation by the department may appeal as provided by section 20176(2) of the code.

History: 1984 AACS; 2003 AACS.