Resource Information

Filing a Grievance—Advocating for Psychiatric Patients

2012--2013

Grievance procedures for psychiatric patients in Alaska are governed by: Federal regulations, which are vague, AS47.30.847—Psychiatric Patient Grievance Procedure Law (only covers Alaska Psychiatric Institute and NorthStar), Joint Commission for Accreditation of Hospital Organizations regulations (JCAHO) which covers psychiatric hospitals and psychiatric units in hospitals (Hospital has 14 days to answer—no urgent grievance procedure and no appeal process required), and Behavioral Health’s Requirements for Grantee grievance procedures.

There is no grievance procedure requirements or law that covers all psychiatric patients. And there is presently no uniformity in grievance procedures among the psychiatric programs, facilities and units that serve mental health consumers.

To File a Complaint: Psychiatric patients or guardians

Ask the program, facility or unit to give you a written copy of their grievance procedure and appeal process, if they have one. (They are not required to give you a written copy)

Organizations that can assist individuals in the Grievance Process

· Disability Law Center—565-1002

· Law Project for Psychiatric Rights, Inc. 274-7686

· Dept. of Health and Social Services is required by law to investigate psychiatric patient complaints. They may or may not help you.

(907) 465-3030

· Office of Licensing in the Dept. of Health and Social Services accepts complaints—they may take 3 weeks or more to respond.

· Adult and Child Protective Services—May get an answering machine and there may be a wait.

· State Ombudsman’s Office—If it is concerning a state facility they will accept complaints—long wait—usually will only accept complaints that have gone through the entire complaint process within the facility or unit.

· Joint Commission for the Accreditation of Hospital Organizations (JCAHO) They accept complaints but do not respond specifically to the complaint.

· Police—if there is physical/ sexual abuse in an institution or unit

· Medicaid Fraud Unit—Message Hotline to Report Medicaid Fraud- 1-907-269-6279

· Office of the Long Term Care Ombudsman, if the individual is 60 or over—Tel: (907) 334-4480 Toll Free: (800) 730-6393

· To file a complaint concerning a private practitioner: Contact Division of Corporations, Business and Professional Licensing at the Department of Commerce, Community, and Economic Development ( Investigations— 907-269-8437) Information available at: commerce.alaska.gov/occ/home.htm

Testifying for Changes

Organizations that an individual can testify in front of if they are having problems with the grievance system or want to advocate for changes.

· The Alaska Mental Health Trust Authority—269-7960

· Alaska Mental Health Board—907-465-3071

· Any Alaska Senate or House Committee meeting on the subject

There need to be changes

The problem with the current grievance procedures: psychiatric institutions like the state-run Alaska Psychiatric Institute management can easily change the patient grievance procedure—API as of April 2012 changed their grievance procedure so management could grant themselves a 30 day extension to resolve a patient’s complaint and management does not have to inform the patients or guardians about the extensions. Some psychiatric facilities offer an appeal process but there may be no time frame for completion.

At this point, patient advocates are working to bring state-wide uniformity to the psychiatric patient grievance procedures—one grievance procedure for all psychiatric patients with due process and an appeal process and state oversight.

We are looking for individuals and organizations that would support that goal.

Mental Health Advocates,

Faith Myers / Dorrance Collins

3240 Penland Pkwy, Sp. 35

Anchorage, AK. 99508

929-0532

faith.myers@gci.net