Legal Aspects Manual

0130.010.10 Handling Complaints from Sources Other Than the Participant or their Representative

IM-73 June 2, 2022;

Upon receiving a complaint from a person other than the participant or their representative, staff must:

  1. Review the complaint promptly;
  2. Advise the reporter that:
    • Their name and complaint will be recorded in the case record;
    • They may request that their name be withheld. However, the nature of the complaint will be recorded in the case record;
    • The participant has access to their record and may see the reporters’ name and the fact that a complaint was made;
    • They may be asked to appear at a fair hearing should any adverse action be taken against the participant’s case as a result of their complaint.
  3. Record information regarding receipt of complaint, nature of the complaint and all steps taken to resolve problem area(s). (This includes a supervisory conference and decision(s) reached.) Staff will make a complete, clear, and concise comment in the eligibility system.

Note: Staff must use logical judgment when evaluating the validity of the complaint and in deciding what information is recorded in the case record (i.e., a complaint about the participant’s personal or moral habits which do not affect eligibility).