Or. Admin. Code § 309-118-0015

Current through Register Vol. 63, No. 12, December 1, 2024

Section 309-118-0015 - Issues Ineligible for Grievance or Review Process

Notwithstanding the definition of a grievance in OAR 309-118-0005, a patient's or their representative's compliant shall not be processed through the grievance or review procedures set forth in these rules if:

(1) There is a contested case hearing or other separate process recognized by statute or administrative rule that affords notice and opportunity to be heard before an impartial decision-maker concerning that issue, including but not limited to institutional reimbursement orders, OSH informed consent decisions, and judicial determinations of continued mental illness or cognitive disability;

(2) The issue is something that OSH does not have the authority to change, including but not limited to state or federal laws, court orders and actions or decisions by other agencies, including but not limited to commitment and discharge;

(3) The patient has previously submitted a grievance or review request on the issue that resulted in a written response, and nothing has occurred that changes the previous response;

(4) Grieving an issue on behalf of another patient;

(5) Statements that do not allege a grievance; or

(6) Disagreements about a treating practitioner's medical diagnosis of the patient.

Or. Admin. Code § 309-118-0015

MHD 15-1982, f. 7-9-82, ef. 7-23-82; MHS 14-2007(Temp), f. 11-30-07, cert. ef. 12-1-07 thru 5-29-08; Administrative correction 6-19-08; BHS 4-2021, amend filed 02/17/2021, effective 2/17/2021; BHS 10-2022, temporary amend filed 06/28/2022, effective 6/28/2022 through 12/24/2022; BHS 25-2022, amend filed 12/20/2022, effective 12/20/2022

Statutory/Other Authority: ORS 179.040, 413.042, 179.321 & 179.360

Statutes/Other Implemented: ORS 426.385, 179.321 & 179.360