Section 940.140   Complaints

a)         A person who believes that the Act or this Part may have been violated may submit a complaint to the Department.  The complaint may be submitted in writing, by telephone, or in person.

b)         A health care facility shall be provided an opportunity to resolve the complaint through an informal resolution process.  (Section 16 of the Act)

c)         The Department shall determine the validity of complaint by means of a complaint verification process (Section 16 of the Act) that includes:

1)         Reviewing the allegations of the complaint to determine whether the allegations concern a violation of one or more Sections of the Act;

2)         Reviewing the health care facility’s policies or procedures to determine whether the policies and procedures are in compliance with the Act;

3)         Reviewing statements or written communication from residents or patients, facility staff, or others to determine whether such statements or communication supports that the health care facility is not in compliance with the Act; and

4)         Observing actions of the health care facility to determine any noncompliance with the Act.