20 CAR § 531-205 – Dissatisfied parent, guardian, recipient, or prospective eligible individual grievance mediation procedure

(a) If a parent, guardian, recipient, or prospective eligible individual provides Division of Developmental Disabilities Services with a written statement of dissatisfaction with an eligible individual's current service provider and asserts that other providers in the recipient's county of residence cannot meet his or her needs, the division will schedule mediation between authorized representatives of the parties as soon as practicable but no later than forty-five (45) days from the date of receipt of the statement of dissatisfaction.
(b) Every parent, guardian, and recipient will be provided notice by their chosen provider of available service options and grievance procedures, including division contact information regarding grievances in compliance with division licensure standards.
(c)
1. (1) If the division receives an allegation that the statement of dissatisfaction was solicited in violation of division licensure policy, the division shall investigate the allegation.
2. (2) The individual or organization making the allegation shall provide the division with all documents, supporting materials, and other relevant information which form the basis of the allegation within ten (10) business days.
(d) If the mediation fails to resolve the grievance, and parent, guardian, recipient, or prospective eligible individual desires another choice of provider, the division shall declare the county underserved as defined in 20 CAR § 531-203(9)(C).
(e) The purpose of the mediation process is to provide a mechanism to resolve a legitimate grievance brought by a parent, guardian, recipient, or prospective eligible individual, and is subject to the following provisions:
1. (1) The grievance mediation procedure is intended to resolve disputes related to dissatisfaction with the quality or quantity of services provided or available;
2. (2) In the exercise of its discretion, if the division determines that a statement of dissatisfaction is wholly unrelated to the quality or quantity of services provided or available, the division may decline to schedule the mediation; and
3. (3) In the exercise of its discretion, if the division determines that a statement of dissatisfaction is wholly unrelated to the quality or quantity of services provided or available, the division shall not declare the recipient's county of residence as underserved as defined in 20 CAR § 531-203(9)(C).