§ 7302. Adoption of grievance procedure

(a) The State Board of Health shall require every nursing home to submit a plan for a resident grievance mechanism with respect to the obligations of the nursing home to residents using its facilities. Every nursing home shall also submit a proposed notice to residents in accordance with section 7303 of this title. The plan and notice must be consistent with the provisions of section 7301 of this title and approved by the State Board of Health prior to certification of compliance or issuance or renewal of a license.

(b) A resident grievance mechanism plan shall include a method by which each resident filing a grievance will be made aware of the State Ombudsman Program and that the Ombudsman may be contacted as an alternative or in addition to the home's grievance mechanism. "Ombudsman" refers to the Long-Term Care Ombudsman Program established within the Vermont Department of Disabilities, Aging, and Independent Living pursuant to the Older Americans Act of 1965 as amended.

(c) The grievance mechanism within the facility will provide at a minimum:

(1) designation of employees responsible for handling and assessing the validity of a grievance or recommendation;

(2) a method of investigating and assessing the validity of a grievance or recommendation;

(3) methods of resolving grievances; and

(4) methods of recording grievances and actions taken.

(d) Complaints that cannot be resolved by the grievance procedure within the facility shall be referred to the Ombudsman within seven working days.

(e) Within seven days of receipt of the complaint, the Ombudsman shall notify the complainant and the nursing home that an investigation has been initiated and that a written report will be made to the complainant and the nursing home within 14 days. (Added 1985, No. 153 (Adj. Sess.); amended 1989, No. 71, § 2; 1989, No. 219 (Adj. Sess.), § 9(a); 2005, No. 174 (Adj. Sess.), § 135.)