Inpatient Treatment
Applies to: Anyone who is receiving services for
mental illness, a developmental disability, or substance
abuse on an inpatient basis in the state of Wisconsin, other
than from a state-operated facility.
Patients receiving such services have rights under
-
Sec. 51.61
(exit DHFS; PDF), Wisconsin Statutes,
and
-
HFS 94
(exit DHFS; PDF), Wisconsin
Administrative Code
Their rights are explained in a brochure (PDE-0195A)
that is given to patients when they begin receiving services. Each
treatment provider also should have a poster (PSL-3127)
listing patients’ rights. (See Forms, Publications
and Posters.)
Anyone may file a complaint on behalf of a patient if
they believe the patient’s rights have been violated. Any complaints
must be filed with the service provider within 45 calendar days of
the event involved or the patient becoming aware of the issue.
Complaints
should be in writing, but verbal complaints may be accepted at the
discretion of the service provider’s or the County’s Client Rights
Specialist (CRS).
The community grievance procedure
(PDF, 7 KB) has a multi-level process which depends on who is paying for the patient’s
services. If the services are through the county or through a
county-contracted or approved provider, the county has a role in the
grievance process.
Service providers that do not have a grievance
procedure or that need to update their process may use the Model Grievance
Procedure and adapt it to their needs.
All community grievance procedures must provide for an
appeal to the State
Grievance Examiner (SGE)
in the department’s Client Rights Office. The SGE issues a Level III
grievance decision.
If either party to the complaint is not happy with the
results, they can appeal to Level IV of the process – which is the
Administrator of the department’s Division of Mental Health and
Substance Abuse Services (DMHSAS).
The rules of the community grievance procedure are set
forth in Subchapter III of HFS 94
(exit DHFS; PDF), Wisconsin
Administrative Code.
Complaints of rights violations may also be taken directly
to court under Sec.
51.61(7), Wisconsin Statutes
(exit DHFS; PDF - scroll to page 54).
The use of the grievance procedure is not required
before going to court, but a grievance can be dismissed at the stage it is
being considered once the matter is taken to court.
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Last Updated: October 24, 2008 |
