A. If the grievant requests a review by the residents' rights committee before the CEO's review, the residents' rights committee shall:
- (1) Meet within 15 working days of receipt of the grievance;
- (2) Review the information obtained by the rights advisor;
- (3) Review information presented by the grievant;
- (4) Review the decision of the unit director;
- (5) If involved, review information presented by the LAP;
- (6) Review all relevant data pertaining to the grievance; and
- (7) Forward written recommendations to the CEO.
B. A review by the residents' rights committee:
- (1) May include further investigation into the circumstances of the grievance;
- (2) May not be limited to consideration of the record of the grievance from prior proceedings; and
- (3) At the request of the grievant, may be waived.
C. The rights advisor:
- (1) Shall notify all interested persons, including involved staff, the grievant, and, if involved, the grievant's LAP of the time and location of the residents' rights committee meetings;
- (2) Shall present information obtained at prior proceedings;
- (3) Shall inform the grievant and, if involved, the grievant's LAP of all recommendations made by the residents' rights committee; and
- (4) May not be present during the residents' rights committee deliberations.
D. All interested persons including involved staff, the grievant, and, if involved, the grievant's LAP:
- (1) Shall be invited to attend the residents' rights committee meeting to present information relating to the grievance; and
- (2) May not be present during residents' rights committee deliberations.
E. Upon receipt of the residents' rights committee's recommendations, the CEO or the CEO's designee shall:
- (1) Determine what action, if any, is to be taken; and
- (2) Notify the residents' rights committee in writing of any action taken.
F. Completion of time periods specified within stage 3 are dependent upon the following:
(1) If the LAP is involved, the CEO or the CEO's designee:
- (a) Shall respond within 15 working days to the residents' rights committee's recommendations; and
- (b) May request an oral presentation from the LAP, if the LAP submits a written summary of the presentation before the meeting;
- (2) If the LAP is not involved, the CEO or the CEO's designee shall respond within 5 working days to the residents' rights committee's recommendations.
- G. The CEO or the CEO's designee shall write and forward a decision to the rights advisor.
H. The rights advisor shall forward copies of the decision of the CEO or the CEO's designee to:
- (1) The grievant;
- (2) If involved, the grievant's LAP;
- (3) The Director of the RGS;
- (4) If involved, the residents' rights committee; and
- (5) The unit director.
I. If the CEO or the CEO's designee substantiates the grievance, the CEO or the CEO's designee shall identify in the decision:
- (1) The corrective action to provide a complete remedy to the grievant for the violation; and
- (2) Time frames, consistent with this chapter, for implementing the corrective action.
J. If the grievant is:
- (1) Satisfied with the action taken by the CEO or the CEO's designee, the grievance ends at this stage; or
- (2) Dissatisfied with the decision of the CEO or the CEO's designee, the rights advisor shall inform the grievant of the appeal process to the Central Review Committee.
- K. If requested by the grievant, the rights advisor shall file an appeal to the Central Review Committee within 5 working days after receipt of the decision by the CEO or the CEO's designee.
Authority: Health-General Article, §7.5-201, 7.5-205(D), 10-701, Annotated Code of Maryland
Effective date: March 28, 1994 (21:6 Md. R. 467)
Regulation .01 amended effective October 23, 2017 (44:21 Md. R. 983)
Regulation .02B amended effective January 26, 1998 (25:2 Md. R. 76); October 23, 2017 (44:21 Md. R. 983)
Regulation .03C amended effective October 23, 2017 (44:21 Md. R. 983)
Regulation .04 amended effective October 23, 2017 (44:21 Md. R. 983)
Regulation .06H amended effective October 23, 2017 (44:21 Md. R. 983)
Regulation .10B, C amended effective October 23, 2017 (44:21 Md. R. 983)