Written policies and procedures, as well as actual practices, shall demonstrate that there is a formalized grievance process to address residents' complaints about their treatment and facility services. At a minimum, the formalized grievance process shall include the following policy, procedural, and practice elements:

1. (1) Residents' ability to submit a grievance with full access to the process;

2. (2) A written response and resolution to all grievances:

   1. (A) shall be resolved no later than ten calendar days from the date the grievance is received by pre-adjudication staff; or
   2. (B) shall be resolved no later than 30 calendar days from the date the grievance is received by post-adjudication staff;
3. (3) Confidentiality of grievance without fear of reprisal;
4. (4) The designation of at least one grievance officer;
5. (5) At least one level of appeal to an administrative-level staff person or to an administrative-level appeals board or panel;
6. (6) The resident's ability to participate in the resolution of a grievance, including the use of an intermediary and the ability to request witnesses;
7. (7) Periodic formal reviews of the grievance process and dispositions by administrative-level staff;
8. (8) A tracking system and grievance log that accounts for all grievances submitted; and
9. (9) Unresolved grievances submitted by any resident who is released shall be forwarded to the facility administrator or designee 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.