The rights advisor shall:
Investigate all complaints in a professionally appropriate manner;
Attempt to resolve grievances fairly and thoroughly;
Prepare written reports for each grievance investigated;
Maintain the RGS reports;
Attempt to identify residents who may benefit from services offered by the LAP and:
Refer the residents identified to the LAP; and
Advise the LAP of the referrals;
Investigate abuse allegations, even though the State police and the facility also may be conducting an investigation of the same allegations;
Monitor any corrective action used to resolve grievances, and:
Notify the CEO if corrective action has not been taken; and
If corrective action has not been taken by the CEO within a reasonable period of time, notify the RGS Director;
When a rights advisor discusses a grievance with a grievant, inform the grievant that, if the grievant requests, the rights advisor is available to attend and advocate for the grievant before the Behavioral Health Administration committees, boards, and tribunals;
Inform the grievant of the right to appeal a decision during any stage of the grievance process, and if a grievant wishes to appeal:
Upon request, file an appeal on behalf of the grievant;
Advise the grievant that the resident may be represented by a LAP following the completion of stage 2 of the grievance procedure; and
With the grievant's consent, attend and advocate in the best possible manner for the grievant on appeal, except in cases when, as a result of the rights advisor's professional judgment, the grievant's case is determined to be frivolous; and
In cases when, as a result of the rights advisor's professional judgment, the grievant's case is determined to be frivolous, forward the grievance to the Director of the RGS.
The Director of the RGS shall:
If the rights advisor for a facility is not available for 2 or more consecutive working days, designate an alternate rights advisor;
Arrange for the provision of appropriate training to:
The rights advisors; and
Facility staff, regarding relevant legal documents, including Department policies and procedures, related to residents' rights;
If a rights advisor informs the Director of the RGS that the CEO has not taken corrective action within a reasonable period of time, notify the Director of the Behavioral Health Administration, who shall ensure that grievance resolution, at any level, is implemented promptly;
If a rights advisor informs the Director of the RGS that the rights advisor has determined that a grievant's grievance is frivolous, review the determination, and, following that review, if the Director of the RGS:
Agrees with the rights advisor and a LAP is involved, forward the grievance to the LAP, who may request continuation of the RGS process; or
Does not agree with the rights advisor, notify:
The rights advisor to proceed with the grievance; and
The LAP of the action taken; and
Make appropriate arrangements to ensure that a rights advisor shall:
Be independent to discharge responsibilities;
As necessary to conduct an investigation, have the access to facility staff, the LAP, and others relevant to the investigation; and
Have access to a resident's medical records:
Excluding conditions outlined in Regulation .05C(2)(c) of this chapter, subject to the provisions in Health-General Article, ยง10-701(d), Annotated Code of Maryland, or any other applicable provisions of law; and
Immediately, in cases of allegations of abuse or neglect of the resident.