Section 325.20113. Adoption of written procedures to implement patient rights and responsibilities policy.

(1) A home shall adopt written policies and procedures to implement patient rights and responsibilities as provided by section 21765 of the code. Before and following the patient's admission, such policy and procedures shall be available, upon request, to all the following:

(a)   The patient.

(b)   Attending physician.

(c)   Next of kin.

(d)  Member of the family.

(e)   Guardian.

(f)  Designated representative.

(g)    Person or agency responsible for placing and maintaining the patient in the home.

(h)   Employees of the facility.

(i)   Public.

(2)   The procedures shall include a procedure   for  the  initiation, investigation, and resolution  of  complaints,   subject  to  department approval, and, at a minimum, all of the following:

(a)   A statement that a patient may have the alternative to complain either to the home or the department about any condition, event, or procedure in the home without citing a specific violation of the code or these rules.

(b)      A procedure for submitting written complaints to the home identifying potential violations of law or rule, including a procedure to assist a complainant in reducing an oral complaint to writing when such oral complaint is not resolved to the satisfaction of the complainant. If a standard form is used for complaints, a copy of the form shall be provided to each patient at the time of admission and additional forms shall be available on request.

(c)    The name, title, location, and telephone number of the individual in the home who is responsible for receiving complaints  and   conducting complaint investigations and  a  procedure  for  communicating with that individual.

(d)   A requirement that all complaints be investigated within 15 days following receipt of the complaint by the home, and a requirement that, within 30 days following receipt of the complaint, the home shall  deliver to the complainant a written report of the

results of the investigation or a written status report indicating when the report may be expected.

(e)   A mechanism for appealing the matter to the administrator of the home if the complainant  is  not  satisfied  with  the  investigation or resolution of the complaint.

(3)   A home shall maintain for 3 years written complaints filed under its complaint procedure and all complaint investigation reports delivered to each complainant, and such records shall be available to the department upon request.

History: 1981 AACS; 1983 AACS.