52:27G-7 Procedures for receiving, responding to complaints.

7. a. The office shall establish and implement procedures for eliciting, receiving, processing, responding to, and resolving complaints from patients, residents, or clients of facilities, the relatives or guardians of such persons, or from interested citizens, public officials, or government agencies having an interest in the matter. The office shall ensure that a system is in place to receive complaints 24 hours per day, seven days per week, whether or not live staff members are available to receive the complaint.

b. When the office receives a complaint or otherwise encounters a deficiency that pertains to a violation of a resident's rights or compliance with State or federal laws or regulations or rules administered by any government agency, it shall make referral thereof directly to the appropriate government agency for action pursuant to applicable federal law and regulations.

c. When the complaint received or the investigation conducted by the office discloses facts that it determines constitute a violation of a resident's rights or warrant the institution of civil proceedings by a government agency against any person or government agency, the matter shall be referred to the government agency with authority to institute such proceedings pursuant to applicable federal law and regulations.

d. When the complaint received or the investigation conducted by the office reveals information in relation to a violation of a resident's rights or the misconduct or breach of duty of any officer or employee of a facility or a government agency, it shall refer the matter to the appropriate authorities for such action as may be necessary pursuant to applicable federal law and regulations.

e. When the complaint received or the investigation conducted by the office discloses information or facts indicating the commission of criminal offenses or violations of standards of professional conduct, it shall refer the matter, as appropriate, to the Attorney General, county prosecutor, or any other law enforcement official that has jurisdiction to prosecute the crime, or to the professional licensing board concerned.

f. The government agency, prosecuting agency, or professional licensing board, as the case may be in this section, shall report to the office on its findings and actions with respect to all such referrals within 30 days after receipt thereof and every 30 days thereafter until final action on each such referral. The office shall monitor all such referrals and responses and maintain a record thereof. The office shall be authorized to make disclosure of such information as appropriate and as may be necessary to resolve the matter referred.

g. In the event that the complaint of a patient, resident, or client or class of patients, residents, or clients of a facility or facilities cannot be resolved satisfactorily through negotiation with the facility or the appropriate government agency or that an act, practice, policy, or procedure of a facility or government agency does or may adversely affect the health, safety, welfare, or civil or human rights of a patient, resident, or client or class of patients, residents, or clients of a facility or facilities the office may recommend to the appropriate authorities civil litigation on behalf of such patient, resident, or client or class of patients, residents, or clients as it deems appropriate. The office may institute actions for injunctive relief or civil damages.

L.1977, c.239, s.7; amended 2017, c.186, s.1.