CSHB 214(HSS): "An Act relating to mental health patient rights, notifications, and grievance procedures; and relating to delegations of duties and powers relating to mental health by the Department of Health and Social Services."
00 CS FOR HOUSE BILL NO. 214(HSS) 01 "An Act relating to mental health patient rights, notifications, and grievance 02 procedures; and relating to delegations of duties and powers relating to mental health 03 by the Department of Health and Social Services." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 44.64.030(a) is amended by adding a new paragraph to read: 06 (51) AS 47.30.847(a)(3) (mental health patient grievance appeals). 07 * Sec. 2. AS 44.64.090 is amended by adding a new subsection to read: 08 (c) The office shall maintain the confidentiality of records pertaining to a 09 mental health grievance appeal filed under AS 47.30.847 except as necessary to 10 conduct the appeal among the parties to the appeal, unless the office has received the 11 prior written consent of the person who filed the grievance. 12 * Sec. 3. AS 47.30.840(a) is amended to read: 13 (a) A person undergoing evaluation or treatment under AS 47.30.660 - 14 47.30.915
01 (1) may not be photographed without the person's consent and that of 02 the person's guardian if a minor, except that the person may be photographed upon 03 admission to a facility for identification and for administrative purposes of the facility; 04 all photographs shall be confidential and may only be released by the facility to the 05 patient or the patient's designee unless a court orders otherwise; 06 (2) at the time of admission to an evaluation or treatment facility, shall 07 have reasonable precautions taken by the staff to inventory and safeguard the patient's 08 personal property; a copy of the inventory signed by the staff member making it shall 09 be given to the patient and made available to the patient's attorney and any other 10 person authorized by the patient to inspect the document; 11 (3) shall have access to an individual storage space for the patient's 12 private use while undergoing evaluation or treatment; 13 (4) shall be permitted to wear personal clothing, to keep and use 14 personal possessions including toilet articles if they are not considered unsafe for the 15 patient or other patients who might have access to them, and to keep and be allowed to 16 spend a reasonable sum of the patient's own money for the patient's needs and 17 comfort; 18 (5) except as provided in (15) of this subsection, shall be allowed to 19 have visitors at reasonable times; 20 (6) shall have ready access to letter writing materials, including 21 stamps, and have the right to send and receive unopened mail; 22 (7) shall have reasonable access to a telephone, both to make and 23 receive confidential calls; 24 (8) has the right to be free of corporal punishment; 25 (9) has the right to reasonable opportunity for indoor and outdoor 26 exercise and recreation; 27 (10) has the right, at any time, to have a telephone conversation with or 28 be visited by an attorney; 29 (11) may not be retaliated against or subjected to any adverse change 30 of conditions or treatment solely because of assertion of rights under this section; 31 (12) has the right to file a grievance under AS 47.30.847;
01 (13) has the right to a designated representative employed and 02 clearly identified by an evaluation facility or unit or a designated treatment 03 facility or unit to act as a patient advocate and to assist in the filing of a grievance 04 under AS 47.30.847; 05 (14) has the right to select an individual to act as a patient 06 advocate and to assist in the filing of a grievance under AS 47.30.847; 07 (15) who has been evaluated or treated in a locked evaluation 08 facility or unit or a designated treatment facility or unit for more than three days 09 has the right to a reasonable opportunity to maintain natural support systems, 10 including family, friends, and help networks; 11 (16) has the right to confidentiality of the person's records unless 12 the person has consented in writing to the release of the records. 13 * Sec. 4. AS 47.30.847 is repealed and reenacted to read: 14 Sec. 47.30.847. Patient grievance procedure. (a) The department shall 15 establish a standardized statewide mental health patient grievance procedure for the 16 benefit of any person who is undergoing evaluation or treatment at an evaluation 17 facility or unit or designated treatment facility or unit under AS 47.30.660 - 47.30.915. 18 The grievance procedure must include 19 (1) a telephone call center operated by the department for filing and 20 reviewing a grievance; 21 (2) a standardized form for filing a grievance; 22 (3) an appeal procedure that includes an administrative appeal to the 23 office of administrative hearings under AS 44.64; 24 (4) a standardized notice of the grievance and appeal procedure; 25 (5) regular monitoring of compliance with the procedure; 26 (6) timely records review and maintenance by the department; 27 (7) maintenance of confidentiality of the grievance records, including 28 appeal documents and decisions, unless the grievant provides prior written consent to 29 release some or all of the records; and 30 (8) a process for designating a grievance by category as follows: 31 (A) category 1 for a grievance related to the physical or social
01 environment under the control of the facility or unit; 02 (B) category 2 for a grievance related to patients' rights as 03 provided in AS 47.30.825 and 47.30.830 and regulations of the department; 04 (C) category 3 for a grievance that alleges a criminal act. 05 (b) An evaluation facility or unit and a designated treatment facility or unit 06 shall comply with the grievance procedure established in (a) of this section, regardless 07 of the availability of a less formal procedure for comments and suggestions. Once 08 filed, all grievances shall be processed on a single form and completed to resolution 09 unless the grievance is withdrawn by the grievant. The facility or unit shall 10 (1) provide a form approved by the department for submission of a 11 grievance and a secure box for deposit of grievances; the contents of the box must be 12 reviewed each day a patient is being treated or evaluated; the form must be readily 13 accessible to the patient and easily understood by the patient or easily explained by a 14 staff member in a language and method understandable to the patient; the original and 15 a copy of a completed form submitted to the facility or unit must be kept in the 16 patient's record of admission or an administrative file for the patient; 17 (2) maintain a complete record of all documents, including the 18 grievance and appeals and responses to the grievance and appeals; and 19 (3) for a category 2 or 3 grievance, deliver to the department within 24 20 hours an electronic copy of the initial grievance and all documents received under (2) 21 of this subsection. 22 (c) Unless an extension of time of not more than five business days is agreed 23 to by a grievant or the grievant's representative, an evaluation facility or unit or a 24 designated treatment facility or unit shall mail or hand deliver a written response to the 25 patient and an electronic copy of the response to the department within five calendar 26 days after receipt by the department of a grievance or request for additional review. 27 The response must include the reasons for the decision and a description of the appeal 28 process. The grievant may request review by the commissioner within 30 calendar 29 days. 30 (d) A grievant may not file a grievance or an appeal later than one year after 31 being discharged from an evaluation facility or unit or a designated treatment facility
01 or unit. The facility or unit shall make a good faith effort to mail a response to a 02 grievant who has been discharged from the facility. 03 (e) The department shall review all grievances and responses to grievances for 04 compliance with this section and intervene when necessary to protect rights under 05 AS 47.30.840. 06 (f) An evaluation facility or unit and a designated treatment facility or unit 07 shall prepare and file an annual report with the department that describes the 08 (1) number of category 1, 2, and 3 grievances submitted; 09 (2) general issue raised in each grievance; and 10 (3) resolution, including litigation, of all grievances submitted. 11 (g) The department shall provide to the governor and to the legislature an 12 annual report of the number, locations, and category of grievances filed under this 13 section and recommendations of the department to improve mental health evaluation, 14 treatment, and procedures in the state. The report must preserve the confidentiality of a 15 person who is the subject of a grievance. The department shall make the report 16 available to the public. 17 (h) Nothing in this section applies to a facility or unit or designated treatment 18 facility that only provides outpatient services. 19 (i) In this section, 20 (1) "grievance" means a complaint or concern filed by telephone or in 21 writing by a grievant using a form provided by an evaluation facility or unit or a 22 designated treatment facility or unit; 23 (2) "grievant" means a patient of an evaluation facility or unit or a 24 designated treatment facility or unit, or the patient's representative; 25 (3) "unit" means a portion of a health care facility dedicated to the 26 evaluation or treatment of mental health patients. 27 * Sec. 5. AS 47.30.855 is amended by adding new subsections to read: 28 (b) The department shall provide to an evaluation facility or unit or designated 29 treatment facility or unit for posting and distribution a standardized notice that is 30 designed to be easily understood and that separately describes patient rights, available 31 assistance, and the grievance procedure described in AS 47.30.847.
01 (c) A person in charge of an evaluation facility or unit or designated treatment 02 facility or unit shall ensure that each patient or patient's representative receives a 03 written copy of the standardized notice provided by the department under (b) of this 04 section and of the grievance procedure described in AS 47.30.847. 05 (d) In this section, "unit" has the meaning given in AS 47.30.847. 06 * Sec. 6. AS 47.30.660(b)(13) is repealed.