Section 518.1165 Complaints

Section 518.1165  Complaints

a)         The Department shall investigate an applicant or licensee

whenever the Department receives a complaint alleging a violation of the Act or

this Part that, if valid, would constitute violations or other sanctions under Section

518.1200 or 518.1250 of this Part.

b)         A person who believes that the Act or this Part has been

violated may submit a complaint in writing, by mail, by telephone, by fax or in

person to the Department.

c)         The complaint shall include the following:

1)         Complainant's name, address and telephone number (unless the

complainant requests anonymity);

2)         Facility's

name and address; and

3)         A detailed description of the problem, including the date and

the patient's name.

d)         The Department will not disclose the name of the complainant

unless the complainant consents in writing to the disclosure.

e)         The Department will acknowledge receipt of the complaint to

the complainant in writing within 10 working days after receiving the

complaint.

f)         The Department will investigate each complaint as quickly as

possible based on available personnel and resources.  If the complaint involves

an immediate and serious threat to patient health and safety, the Department

shall investigate within two days after receipt of the complaint.

g)         Complaint investigations will be unannounced.

h)         Based on the information provided by the complainant and the

results of the investigation conducted in accordance with subsection (f) of

this Section, the Department will determine whether the Act or this Part has

been or is being violated.  The Department will review and consider any

information submitted by the applicant or licensee in response to an

investigation.  Based on the results of the investigation and information

provided by the complainant and/or the applicant or licensee, complaints shall

be classified as "valid", "invalid", or "undetermined"

ill determine whether the Act or this Part has

been or is being violated.  The Department will review and consider any

information submitted by the applicant or licensee in response to an

investigation.  Based on the results of the investigation and information

provided by the complainant and/or the applicant or licensee, complaints shall

be classified as "valid", "invalid", or "undetermined".

i)          The Department will inform the complainant and the licensee

of the results (i.e., whether the complaint was found to be valid, invalid or

undetermined) of the complaint within 45 days after the conclusion of its

investigation.

j)          A complainant or licensee who is dissatisfied with the

results of a complaint investigation may request a hearing in accordance with

Section 518.1250 of this Part.