DMHAS Client Grievance Procedure
William Pierce, Client Rights and Grievance Specialist, ADA Title II Coordinator, DMHAS Office of the Commissioner,
410 Capitol Ave. 4th Floor P.O. Box 341431 Hartford, CT 06134
860-418-6933 (TTY Relay 7-1-1) Email: william.pierce@ct.gov
The Connecticut Department of Mental Health and Addiction Services (DMHAS) Client Grievance Procedure is used by DMHAS state operated and DMHAS funded providers of direct mental health and substance use disorder services to help resolve complaints from their clients or authorized representatives.
If you need help or have questions about the DMHAS Client Grievance Procedure speak to the Client Rights Officer for the provider you receive services from, contact a statewide advocacy organization or seek legal advice.
DMHAS Client Grievances:
DMHAS Client Grievances are written complaints from a client or their authorized representative that a DMHAS state operated or DMHAS funded provider of mental health and substance use disorder services: Denied, Involuntarily Reduced, or Involuntarily Terminated services or written complaints that the person believes the provider or staff:
i. Violated rights provided by law or DMHAS directive.
ii. Treated the person in an arbitrary or unreasonable manner.
iii. Failed to provide services authorized by a treatment plan.
iv. Used coercion to improperly limit the person’s choice.
v. Failed to reasonable intervene when the person’s rights were put at risk by another client in a setting controlled by the provider.
vi. Failed to treat the person in a humane and dignified manner including not being able to participate in developing their treatment and discharge plan.
DMHAS Client Grievance Procedure:
· DMHAS Client Grievance Procedure Summary Notice- (En Español)
The DMHAS Client Grievance Procedure gives providers 21 calendar days to address a grievance unless the provider’s Chief Executive Officer (CEO) or designee authorizes an additional 15 calendar days in writing, or the complaint is an Accelerated Grievance.
1. DMHAS Client Grievances are submitted in writing to a provider’s Client Rights Officer (CRO) no later than 45 calendar days after a complaint occurred unless the CRO determines good cause for a late submission.
· Client Grievance Procedure Complaint Form - (En Español)
· Complaints submitted without a form should include the reason for the complaint and suggested remedy.
2. The CRO acknowledges the grievance and works with the person to propose a written Informal Resolution.
· Once the person receives the Informal Resolution, they have 10 business days to accept the proposal.
· If the person does not agree with the Informal Resolution or if one cannot be proposed, the CRO provides a written report to the person and the provider’s CEO or designee.
· The CEO or designee conducts a separate review, giving the person the opportunity to present additional information before issuing a written Formal Decision.
3. If the person disagrees with a provider’s Formal Decision, they can submit a written request for a Commissioner’s Review no later than 15 business days after receiving the Formal Decision.
Requests for a Commissioner’s Review can also be submitted if the provider fails to respond to a DMHAS Client Complaint or an Informal Resolution agreed to by the person and CRO is not carried out.
· The DMHAS Commissioner’s designee conducts the review and issues a Final Determination. The Final Determination of a Commissioner’s Review completes the DMHAS Client Grievance Procedure except when the complaint is a Fair Hearing Grievance.
Fair Hearing Grievances:
The DMHAS Client Grievance Procedure complies with Regulations of Connecticut State Agencies concerning Fair Hearings (Section 17a-451(t)(1) et seq.).
Written complaints a DMHAS state operated or funded direct service provider Denied, Involuntarily Reduced, or Involuntarily Terminated services are covered by Fair Hearing Regulations and are Fair Hearing Grievances.
· Accelerated Grievance: An Accelerated Grievance is submitted to a substance use disorder (SUD) treatment provider within 5 business days of a person being notified that Opioid Substitution Therapy is involuntarily reduced or terminated or notified of an involuntarily discharge from an inpatient SUD treatment program of 30 days or less. The provider has no later than 5-business days to Formal Decision unless the provider’s CEO or designee authorizes an additional 5 business days in writing with advance notice to the person.
· Continuation of Services Request: A person or their authorized representative may submit a written request to the DMHAS Commissioner for a Continuation of Services no later than 5 business days after being notified services were involuntarily terminated and the provider failed to offer modified services. The Commissioner’s designee reviews the request and may direct the provider to continue services or offer modified services while the Fair Hearing Grievance is being addressed.
· Fair Hearing: A person who submitted a Fair Hearing Grievance has 30 calendar days after a Final Determination is issued to submit a written request for a Fair Hearing to the DMHAS Commissioner.
In response to a client’s or their authorized representative’s request for a Fair Hearing the DMHAS Commissioner appoints a hearing officer who schedules the hearing no later than forty-five (45) calendar days after the request is received. Hearings are held under Chapter 54 of the Uniform Administrative Procedure Act ( §§4-166 to 4-189 Inclusive).
Exceptions:
· ADA Title II complaints regarding DMHAS state operated programs and services are addressed by the DMHAS ADA Title II Coordinator at the DMHAS Office of the Commissioner.
o Grievances alleging discrimination on the grounds of a person’s disability or failure to provide reasonable modification to DMHAS programs, services are submitted in writing to the DMHAS ADA Title II Coordinator as soon as possible and not later than 45 calendar days of when the action complained of.
o The ADA Coordinator will address the complaint within 21 calendar days or sooner when a modification is required.
· The DMHAS Client Grievance Procedure does not apply to complaints under the jurisdiction of the Psychiatric Security Review Board (PSRB) .
· Complaints about alleged employee conduct or violations of the law are addressed separately by the provider or outside authority. The CRO may address those aspects of a grievance that are separate from those complaints.
· The DMHAS Commissioner may exempt DMHAS funded providers, which receive less than 20% of their funding from DMHAS when the Commissioner finds the provider has an acceptable complaint resolution procedure.
· Complaints regarding programs or services that are not direct mental health or substance use disorder treatment services operated by DMHAS or funded by DMHAS cannot be addressed under the DMHAS Client Grievance Procedure. This includes:
o Hospital inpatient facilities using the Centers for Medicare and Medicaid (CMS) grievance procedure: CMS Grievance Procedure when complaints are addressed by the hospital’s patient relations or patient rights office.
o Complaints regarding healthcare providers including licensed clinicians and facilities are submitted to the Connecticut Department of Public Health: DPH Complaint Reporting.
o Complaints regarding federally funded rehabilitative services including Medicare funded substance use disorder treatment under the 1153 waiver are addressed by the Connecticut Behavioral Health Partnership Phone: 877-552-8247 Email: ctbhpappeals@carelon.com
o Complaints regarding DSS funded waiver programs like the Mental Health Waiver and Acquired Brain Injury Waiver are addressed by DSS. For more information contact the Waiver provider.
o Waiver program denials are addressed by Department of Social Services (DSS) Office of Legal Counsel Regulations & Administrative Hearings, Appeals 55 Farmington Ave, Hartford, CT 06105 Phone: 860-424-5760 Email: olcrah.DSS@ct.gov
o Complaints regarding Behavioral Health Recovery programs including “Supported Recovery Homes” are addressed by Advance Behavioral Health Inc.
o Housing complaints regarding voucher denials and other matters. Complaints are addressed using the Coordinated Access Network (CAN), Connecticut Balance of State (CT BOS) and DMHAS Housing and Homeless Services Continuum of Care Project Complaint Procedure
o Complaints regarding “Supported Recovery Homes” are addressed by Advanced Behavioral Health www.abhct.com
o Complaints regarding Certified Sober Living Homes may be addressed by: Connecticut Alliance of Recovery Residences (CTARR), www.ctrecoveryresidences.org or Connecticut Coalition of Recovery Residences (CCORR), www.ccorr.org telephone 860-995-9472.
Resources
· Commissioner's Policy Statement, DMHAS Client Grievance Policy
· Client Grievance Policy Implementing Procedure
· DMHAS Client Grievance Procedure Summary Notice- (En Español)
· Statewide Advocacy Organizations and other resources
DMHAS Client Grievance Procedure Forms:
· Client Grievance Procedure Complaint Form - (En Español)
· DMHAS Client Grievance Procedure CRO Acknowledgement
· DMHAS Client Grievance Procedure CRO Informal Resolution Decision
Requests for copies of the DMHAS Client Grievance Procedure Summary in other languages and formats can be made to the provider’s Client Rights Officer or by contacting the DMHAS Office of the Commissioner.
DMHAS Office of the Commissioner, 410 Capitol Ave. 4th Floor P.O. Box 341431 Hartford, CT 06134
Phone 860-418-7000 (TTY Relay 7-1-1). www.ct.gov/dmhas
Links on this page were working at the time this page was published. To report an error or correction contact William Pierce, william.pierce@ct.gov
The CT Department of Mental Health and Addiction Services (DMHAS) complies with all applicable state statutes and federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex.
DMHAS does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.
DMHAS provides equal access to services and programs and effective communication to persons with disabilities and whose primary language is not English.
DMHAS OOC: DMHAS Client Grievance Procedure, Rev. March 2024