OAR 309-118-0023: OSH and OHA Review Processes for Resolved Grievances

(1) OSH and OHA recognize that a patient or their representative may not be satisfied with the resolution of their grievance(s) as provided in OAR 309-118-0020 and therefore provide an optional two-tiered review process. (2) OSH Review Process: If the patient or their representative is not satisfied with the resolution of their grievance by the Grievance Committee, the patient or their representative may request an OSH Review. (a) The patient or their representative must complete an OSH Review Form or may request treatment staff to assist them with completion of the form. The patient or their representative must provide a reason why they disagree with the resolution of the grievance and provide a proposed resolution. (b) To be timely, the patient or their representative must provide the completed OSH Review Form to treatment staff to submit to the Ombuds or submit the OSH Review Form directly to the Ombuds within 14 calendar days after receiving the Grievance Committee Response. If the patient or their representative fail to timely request an OSH Review, OSH shall not grant an OSH Review unless there is good cause for the untimely submission. Good cause means a delay caused by something outside the control of the patient or their representative. (c) The Ombuds shall review the OSH Review Form, Grievance Form, and Grievance Committee response. The Ombuds shall also consider information provided by the patient or their representative, any other information relevant to the grievance, and may take any other action to investigate the matter as they deem appropriate. (d) The Ombuds shall provide a written response to the OSH Review Request to the patient or their representative within 14 calendar days of receipt of the request. (2) OHA Review Process: If the patient or their representative is not satisfied with the OSH Review Response or did not receive an OSH Review Response within 14 calendar days of submitting their OSH Review Request, the patient or their representative may request an OHA Review. (a) The patient or their representative must complete an OHA Review Form or may request treatment staff to assist them with completion of the form. The patient or their representative must provide a reason why they disagree with the OHA Review Response and provide a proposed resolution. (b) To be timely, the patient or their representative must provide the completed OHA Review Form to treatment staff to submit to the Ombuds or submit the OSH Review Form directly to the Ombuds within 14 calendar days after receiving the OSH Review Response or, if they did not timely receive an OSH Review Response, within 28 calendar days of submitting their OSH Review Request. If the patient or their representative fail to timely request an OHA Review, OSH shall not grant an OHA Review unless there is good cause for the untimely submission. Good cause means a delay caused by something outside of the control of the patient or their representative. (c) The Ombuds shall provide copies of the OHA Review Request, Grievance Form, Grievance Committee’s Response, OSH Review Form, and OSH Review Response to the OHA Director. (d) The OHA Director shall review all documents provided and may take any other action to investigate the matter as they deem appropriate. (e) The OHA Director shall provide a written response within 21 calendar days of receipt of an OHA Review Request to the patient or their representative. (f) The OHA Review decision is final and is not subject to further review by OHA. (3) Nothing in this section creates a right to a contested hearing under ORS Chapter 183.