Complaint/Grievance Process

Consumer Rights

If you are a consumer of mental health, mental retardation and/or substance abuse services, you are guaranteed certain rights by the Commonwealth of Virginia under the Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services 12 VAC 35-115 et seq. You may receive a full explanation and description of these Regulations by contacting the Richmond Behavioral Health Authority's Office of Consumer and Family Affairs at (804) 819-4078.

The following is a short list of some of your rights:

• The Right to Exercise Your Legal, Civil and Human Rights
  Whether you are receiving outpatient or inpatient services, or if you are receiving services voluntarily or involuntarily, you may not be denied your basic rights. A few of these are the right to:
  - register and vote,
  - sign legal documents,
• The Right to Dignity
  To be treated with dignity and respect and to be protected, respected, and supported in exercising your rights.
• The Right to Appropriate Services
  To receive services that are appropriate to your needs and that are based on sound, therapeutic practice.
• The Right to Participate in Decision-Making
  To participate in all phases of your treatment services from treatment planning to discharge planning.
• The Right to Confidentiality
  To give or not give consent for any of your information to be shared with others.
• The Right to Access Your Medical Records
  To see, read, and get a copy of your own service record. To challenge, correct or explain anything in your record. This right can be restricted only if a physician or licensed psychologist believes that this information could cause you harm. If this is the case, the doctor involved would tell you as much as possible about your record contents.
• The Right to Have Your Complaints Heard and to Receive a Fair Hearing

Complaint Procedure

What if there is a problem with mental health, mental retardation and/or substance abuse services?

A "complaint" is an expression of dissatisfaction, grievance or concern by, or on behalf of, an individual receiving services that has been brought to the attention of the provider, an employee of the provider, a human rights advocate or the protection and advocacy agency and alleges a violation or potential violation of state regulations or program policies and procedures related to the regulations.

Any consumer or their representative who thinks their rights have been violated or who is dissatisfied with services may use the complaint procedure.

• Start by talking to your doctor and or primary service provider at the program to voice your concern and try to resolve your complaint. If you are not comfortable dealing with program staff, or your attempt doesn't work, you may want to ask to speak with the Program Supervisor.
• If you would like to speak with someone else, the Richmond Behavioral Health Authority has an internal consumer advocate. In addition, a regional advocate is available upon request to assist you in presenting your complaint. They can be contacted at the following numbers:
  RBHA Consumer Advocate (804) 819-4078.
  Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, Regional Advocate (804) 524-7247.
• By mail: send to Office of Consumer and Family Affairs,
  Richmond Behavioral Health Authority
  107 S. 5th Street, Richmond, VA 23219

Local Human Rights Committee

Any consumer or their representative who is not satisfied with a decision and action plan resulting from the complaint resolution at the RBHA may request a Local Human Rights Committee (LHRC) hearing by following the steps provided in the State Human Rights Regulations (12 VAC 35-115-180).

State Human Rights Committee

Any consumer or their representative may appeal to the State Human Rights Committee if he/she is not satisfied with the LHRC findings and recommendations following a hearing.

Additional Resources

Virginia Department of Mental Health Mental Retardation and Substance Abuse Services Office of Human Rights
1220 Bank St.
Richmond, VA 23218-1797
(804) 786-3988
www.dmhmrsas.virginia.gov

Virginia Office for Protection and Advocacy (VOPA)
1910 Byrd Ave., Suite 5
Richmond, VA 23230
(804) 225-2042 (Voice/TTY)
800-552-3962 (Voice/TTY) (Toll-Free in Virginia)
www.vopa.state.va.us
E-mail: general.vopa@vopa.virginia.gov

Virginia Department of the Inspector General
1220 Bank St.
Richmond, VA 23218-1797
(804) 786-7765
www.oig.virginia.gov

Virginia Department of Social Services
www.dss.state.va.us/family/adultprotect.html
(Training for Mandated Reporters of Adult Abuse, Neglect and Exploitation)

National Association of Protection and Advocacy
www.napas.org
Has a vision of a society where people with disabilities exercise self-determination and choice and have equality of opportunity and full participation. NAPAS believes this vision will be realized through the enactment and vigorous enforcement of laws protecting civil and human rights.