67 : 42 : 07 : 15.01 . Resident and family grievance procedures. The facility must develop and follow a written grievance procedure that allows a resident, the resident ' s parent or legal representative, a guardian, facility staff, or a concerned person in the resident ' s life to file a formal complaint related to the quality of care given to the resident in the facility. The facility ' s staff may not attempt to influence the resident ' s or other individual ' s statement about the facility when submitting the grievance or while the grievance is being resolved.

The facility must inform the resident and the resident's parent or guardian of the facility's grievance policy, including the procedure for filing a grievance and to whom a grievance must be made. The resident and the resident's parent or guardian must sign and date a statement to verify that the facility explained the grievance policy. The facility must make copies of the policy available upon request.

The facility must provide the person wanting to file a grievance with the necessary forms and assist them in filing the grievance.

The facility must identify the person who is authorized to accept and resolve a grievance.

The facility must, upon request, allow for the resolution of the grievance to be appealed to the highest level of the facility's administration.

A person who reports a grievance may not be subject to adverse action by the facility as a result of filing the grievance.

A person filing a grievance must receive an initial response within five days.

The facility must document the grievance filed along with the actions taken by the facility to resolve the grievance. Information regarding the grievance must be kept for two years after the grievance is resolved.

Source: 47 SDR 24, effective September 10, 2020.

General Authority: SDCL 26-6-16(1)(2)(6)

Law Implemented: SDCL 26-6-16(1)(2)(6) .