1. (a) Written policies, procedures, and actual practices shall demonstrate that there is a formal grievance process to address residents' complaints about their treatment and facility services.

2. (b) The formalized grievance process shall include the following policy, procedural, and practice elements:

   1. (1) Staff members shall not deny a resident the opportunity to submit a grievance upon request, unless doing so would interfere with the safety and security of the facility.
   2. (2) Residents shall have full access to the grievance process, including forms and methods of submission. If the resident cannot read or otherwise understand the grievance process, a staff member or translator shall read and explain the process to the resident.

   3. (3) A written response and resolution shall be provided to the resident no later than:

      1. (A) 10 calendar days after the date the grievance is received by pre-adjudication staff; or
      2. (B) 30 calendar days after the date the grievance is received by post-adjudication staff.
   4. (4) Documentation of the resident's acknowledgment of the resolution shall be maintained.
   5. (5) Grievances shall be confidential, with access limited to those involved in providing responses and administrative review. Retaliation against residents for filing a grievance shall be prohibited.
   6. (6) At least one grievance officer shall be designated in writing.
   7. (7) Residents shall be provided at least one level of appeal to a supervisory-level or above staff person or to an administrative-level appeals board or panel. A supervisory-level staff person who provided the initial response or who is named in the grievance shall not provide the appeal response.
   8. (8) Residents shall have the ability to participate in the resolution of a grievance, including the use of an intermediary and the ability to request witnesses.
   9. (9) A supervisory-level or above staff person shall conduct periodic formal reviews of the grievance process and dispositions and maintain documentation of this review.

   10. (10) The facility shall maintain a tracking system and grievance log that documents:

       1. (A) each grievance submitted;
       2. (B) the grievance disposition;
       3. (C) whether the grievance was appealed; and
       4. (D) the appeal disposition, if applicable.
   11. (11) The facility administrator or designee shall review any unresolved grievances submitted by residents who have been released to determine if any action is needed.

Source Note:The provisions of this §343.376 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.