[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR51.25]



[Page 157-158]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 51_REQUIREMENTS APPLICABLE TO THE PROTECTION AND ADVOCACY FOR 

INDIVIDUALS WITH MENTAL ILLNESS PROGRAM--Table of Contents

 

             Subpart B_Program Administration and Priorities

 

Sec. 51.25  Grievance procedure.



    (a) The P&A system shall establish procedures to address grievances 

from:

    (1) Clients or prospective clients of the P&A system to assure that 

individuals with mental illness have full access to the services of the 

program; and

    (2) Individuals who have received or are receiving mental health 

services in the State, family members of such individuals, or 

representatives of such individuals or family members to assure that the 

eligible P&A system is operating in compliance with the Act.

    (b) At a minimum, the grievance procedures shall provide for:

    (1) An appeal to the governing authority from any final staff review 

and/or determination; in cases where the governing authority is the 

director of the P&A system, the final review and/or determination shall 

be made by a superior of the governing authority, e.g., a supervisor, or 

by an independent



[[Page 158]]



entity, e.g., an appointed board or committee.

    (2) Reports, at least annually, to the governing authority and the 

advisory council describing the grievances received and processed and 

their resolution;

    (3) Identification of individuals responsible for review;

    (4) A timetable to ensure prompt notification concerning the 

grievance procedure to clients, prospective clients or persons denied 

representation, and to ensure prompt resolution;

    (5) A written response to the grievant; and

    (6) Protection of client confidentiality.



    Effective Date Note: At 62 FR 53564, Oct. 15, 1997, Sec. 51.25 was 

added. This section contains information collection and recordkeeping 

requirements and will not become effective until approval has been given 

by the Office of Management and Budget.