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Your Concerns Matter

Complaint Resolution Policy

In our commitment toward advocating for an individual's right, Prosperity Homes has decided to publish its formal policies concerning complaints.
It is the policy of Prosperity Homes Inc. that:

  1. Each individual has a right to:
    1. Make a complaint that the provider has violated any of the rights assured under this chapter;
      1. The policies and procedures will be made available to every individual and their authorized representative upon admission and upon request.
    2. Have a timely and fair review of any complaint in accordance with this chapter and the program's human rights complaint resolution policies and procedures;
    3. Have someone file a complaint on his behalf;
    4. Use these and other complaint procedures; and
    5. Make a complaint under any other applicable law, including to the protection and advocacy agency.
  2. The individual shall:
    1. Be contacted by the Administrator or designee regarding the complaint within 24 hours;
    2. Have access to a human rights advocate for assistance with the complaint;
    3. Be protected from retaliation and harm;
    4. Have the complaint reviewed, investigated, and resolved as soon as possible;
    5. Receive a report with the director's decision and action plan within 10 working days; and
    6. Be notified in writing of his right to and the process for appealing the director's decision and action plan to the LHRC.
  3. Anyone who believes that Prosperity Homes Inc. has violated an individual's rights under this chapter can report it to the Administrator or the human rights advocate for resolution;
  4. Employees shall not take, threaten to take, permit, or condone any action that:
    1. Punishes or retaliates against anyone filing a complaint
    2. Prevents anyone from filing or helping an individual file a complaint either under this chapter or with an outside entity;
  5. Every attempt is made to resolve an individual's complaint as quickly as possible;
  6. Opportunities for timely negotiation and resolution for all complaints will be provided, including the additional requirements related to abuse, neglect, or exploitation in the correspondingly titled section;
  7. The Administrator and Program Manager shall cooperate fully with any abuse or neglect complaint investigation conducted by a local department of social services.

Procedure

Upon receipt of a complaint, Prosperity Homes Inc. shall:

  1. Notify the department (DBHDS) of the complaint as soon as possible, but no later than the next business day.
    1. The appropriate method of contacting the department will be specified by DBHDS. The online CHRIS system is utilized to make complaint reports available to the department.
    2. Ensure that the Administrator or designee contacts the individual regarding the complaint within 24 hours.
      1. The preferred method of contact is an in-person conversation with the individual. In the event this is not possible, a phone conversation may be initially used in lieu of physical presence. An in-person interview will be necessary even after the fact if physical facts need to be evaluated.
      2. The individual will be given written notification regarding his right to and the process to appeal the Administrator’s decision and action plan to the LHRC.
    3. Initiate an impartial investigation into, or resolution of, the complaint as soon as possible, but no later than the next business day;
      1. All reports from employees will be provided in writing and will include pertinent information including:
        1. i. What time and date the complaint occurred
        2. ii. Reasons for the complaint that were voiced by the individual or involved parties
        3. iii. Antecedents and immediate events following the complaint
        4. iv. Any incidents or interventions that may have occurred in conjunction with the complaint
        5. v. The response and actions of the employee and persons involved.
        6. The provided reports will be compared with the complaint of the individual and any discrepancies will be reviewed and resolved through further investigation.
    4. Take all steps necessary to ensure that individuals involved in the complaint are protected from retaliation and harm;
      1. Employees, within their initial training and at least annually, will be trained on the policies and procedures regarding the provisions of the complaint process and of all the applicable human rights regulations.
      2. In conjunction with training, employees will be required to pass competency tests that grades their understanding of the policies and procedures regarding human rights. Failure to participate or pass these assessments may result in retraining, temporary suspension, or termination.
      3. If determined necessary, involved employees may be relocated to another home for the duration of the complaint process.
      4. If relocation is not possible, and if deemed necessary, the employee may be temporarily suspended for the duration of the complaint process.
    5. Assist the individual making a complaint in understanding the human rights complaint process, Prosperity Home Inc.’s complaint resolution policies and procedures, and the confidentiality of involved information;
      1. This will include, as necessary, employees reading the policies and procedures for those who have difficulty reading. At the request of the individual, a non-employee of Prosperity Homes Inc. may be invited to read a copy of the policies and procedures.
    6. Ensure that all communications to the individual are in the manner, format, and language most easily understood by the individual;
      1. As progress of the investigation occurs, the individual will be promptly updated.
      2. As required or requested, the authorized representative will be informed of the complaint and its progress.
    7. Adhere to the reporting requirements in 12VAC35-115-230; and
    8. Report the Administrator’s decision and action plan within 10 working days to the individual, authorized representative, if applicable, and human rights advocate.
    9. If at any time the director has reason to suspect that the abusive, neglectful, or exploitive act is a crime and that it occurred on the program premises, the director or designee shall immediately contact the appropriate law-enforcement authorities and cooperate fully with any investigation that may result.

Additional requirements for complaints involving abuse, neglect, or exploitation:

  1. The Administrator or Program Manager shall take immediate steps to protect the individual until the investigation is complete, including appropriate personnel actions.
  2. Any instance of seclusion or restraint that does not comply with this chapter or an approved variance, or that results in injury to an individual, shall be reported to the authorized representative, as applicable, and the department in accordance with the requirements for reporting allegations of abuse.
  3. The Administrator or Program Manager shall notify the department and authorized representative, if applicable, of an allegation of abuse or neglect within 24 hours of the receipt of the allegation.
  4. The Administrator or Program Manager shall ensure that the investigation is conducted by a person trained to do investigations and who is not involved in the issues under investigation.
  5. The investigator shall provide a written report of the results of the investigation of abuse or neglect to the director and to the human rights advocate within 10 working days from the date the investigation began unless an extension has been granted.
  6. The program director shall decide, based on the investigator's report and any other available information, whether the abuse, neglect, or exploitation occurred. Unless otherwise provided by law, the standard for deciding whether abuse, neglect, or exploitation has occurred is preponderance of the evidence.
  7. The Administrator or Program Manager shall submit the final decision and action plan, if applicable, to the individual, authorized representative, if applicable, and human rights advocate within 10 working days of its completion.
  8. If the human rights advocate concludes that there is substantial risk that serious or irreparable harm will result if the complaint is not resolved immediately, the human rights advocate shall inform the Administrator, Prosperity Homes Inc.’s governing body, and the LHRC. The LHRC shall conduct a hearing according to the special procedures for emergency hearings in 12VAC35-115-190.