Section 325.20114. Complaints to the department.

(1) When a person files a written complaint against, and requests investigation of, a nursing home pursuant to section 21799a of the code, the following provisions apply:

(a)    Such 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 home, within 12 months following a final determination in the matter by the home.

(b)    Such 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 home.

(2)   If a complaint is not filed within the 12-month period specified in subrule (1)(a) and (b) 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 home, the nature of the complaint, and the complainant's name, address, and telephone number. If a complaint is oral, the department shall assist the complainant in reducing the oral complaint to writing within 7 days after the oral complaint is made.

(4)   Anonymous complaints shall be received and given to the appropriate licensing personnel to be evaluated not later than the next visit to the facility.

(5)      A complainant who is dissatisfied with the written determination or investigation of the department may request a hearing in accordance with the procedures set forth in R 325.21918 of these rules.

(6)   As used in this rule, "written determination" means a department complaint investigation report or a  letter  to  the  complainant  if the letter supplants such report.

History: 1981 AACS.