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Resources
Grievance Policy & Procedure
Grievance Policies & Procedures
Purpose: Area Agencies on Aging (AAA) are governed by the mandates of the Older Americans Act. This law intends for AAAs to be the leader relative to all aging issues on behalf of all older persons in the Planning and Service Area [45CFR1321.53]. In California, the implementation of the Older Americans Act is outlined in Title 22, Division 1.8. As an agency under contract with AAA, this grievance policy and procedures direct how to respond to and resolve complaints.
Scope: As an agency under contract with AAA, providing services to adults 60+, Molly’s Angels is required to establish a grievance process for the disposition of complaint by older individuals or persons authorized to act on behalf of older individuals against the AAA’s programs and employees or volunteers of such programs [CCR 7400 (a) (1)].
The grievance process for both the AAA and service providers will contain the following: [CCR 7400 (a) (2) (A- C)]
1. Time frames which a complaint should be acted on
2. Written notification to complainant containing the following information:
Results of the review
Service providers process must contain a statement that complainant if unsatisfied with results may complain to the AAA
3. Complainants have a right to privacy. Only information relevant to the complaint may be released to the responding party without consent.
Molly’s Angels has a policy that encourages feedback regarding its programs and services. Clients, contractors, staff, and volunteers are encouraged to provide feedback using open, honest and direct communication in an informal setting. When feedback rises to the level of a complaint, matters should be resolved at the lowest possible level.
Notification Requirements
Molly’s Angels adheres to the following requirements to inform and notify individuals of their complaint resolution process and policies:
Molly’s Angels Complaint Resolution Process will be posted in visible areas that are accessible to clients, contractors, staff, and volunteers.
If a substantial number of older adults served by the program are non-English speaking, Molly’s Angels Complaint Resolution Process will be posted in the primary language of these individuals. For the purposes of this policy, a substantial amount has been defined as 5% of the client population served by the program.
Homebound clients will be advised of Molly’s Angels Complaint Resolution Process either orally or in writing upon contact with the individual.
Required Information for Filing a Complaint
1. Complaints may involve, but are not limited to, any or all of the following:
Amount of service
Duration of service
Denial of service
Discontinuation of service
Dissatisfaction with service
Dissatisfaction with service provider [CCR 7404 (d)]
2. Complaints shall be addressed in writing to the director of Molly’s Angels. If the complainant cannot write, the Program Director will take the complaint orally and write it up for signature.
3. Complaints shall include all of the following information:
Complainant’s name, mailing address, phone number, and email address if available
The service being reported
The name of the service provider
The names of all individuals involved
The issue of concern or dispute
The date, time, and place of occurrence
The names of any witnesses [CCR 7404 (c)]
4. When appropriate, complainants may seek other remedies, such as presenting at an open meeting of the Molly’s Angels board of directors. When the complaint is about an issue of professional conduct, the complainant shall be referred to the proper agency or licensing board.
Resolving Complaints
The following guidelines shall be used to resolve complaints by or on behalf of clients served by the programs funded and administered by AAA:
First Level of Resolution
The first level of resolution is handled using the written grievance process and procedures established by Molly’s Angels. Complaints will be investigated and answered within 30 days of receiving the complaint.
Second Level of Resolution
Client complaints not resolved by Molly’s Angels may be referred to the Area Agency on Aging. The Area Agency on Aging will follow its Grievance Policy and abide by the appointed timeline identified in its policy to resolve the complaint.
Client request for an AAA administrative review of the complaint must be requested in writing and sent to the AAA Program Coordinator assigned to the contract.
The AAA Program Coordinator will respond to the complaint within 10 business days of the receipt of the formal complaint letter and attempt to informally resolve the issue.
If the complaint is not resolved with the AAA Program Coordinator, the next level of review is an informal meeting with the AAA Program Manager. The AAA Program Manager will perform the following:
Schedule to meet with the complainant (by phone or in person) within 15 business days of receiving the request for a meeting
Conduct any necessary follow-up
Within 10 business days of the meeting with the complainant, the Program Manager will perform the following:
Provide the complainant a written copy of the AAA Program Manager’s decision.
Inform the complainant of his or her right to request a formal administrative hearing before an impartial hearing officer or panel.
Inform the complainant that the request for a hearing must be made in writing addressed to the AAA Director and must be made within 30 days of receipt of the AAA Program Manager’s decision.
Instruct the complainant that the hearing request must include the reasons why he or she feels that the decisions of the contractor, the AAA Program Coordinator, and/or the AAA Program Manager regarding the complaint and the appeal are not warranted.
Final Level of Resolution
Any complainant dissatisfied with the results of the review conducted by the AAA Program manager will have 30 days from the receipt of the decision to request a hearing. This request shall be made either orally or in writing to the director of the AAA.
The AAA Program Manager and AAA Director will set up the hearing following the administrative process listed below:
The hearing shall be set at least 30 days after the receipt of the request
The complainant and all interested parties involved will receive the date, time, and location of the hearing at least 14 days before the hearing date
The complainant has a right to be present or ask someone to act on their behalf including legal counsel
The hearing shall be conducted by an impartial hearing officer or panel
The hearing shall be conducted in an informal manner with testimony being restricted to the issues requiring resolution.
All parties shall have the right to the following:
1. To be present at the hearing
2. To present evidence and witnesses
3. To examine witnesses and other sources of relevant information and evidence
The hearing shall be recorded verbatim either electronically or stenographically
Technical rules of evidence and procedure do not apply
All persons testifying shall be placed under oath or affirmation
The impartial hearing officer or panel will prepare a proposed decision based upon all relevant evidence presented and in consideration of the policies, procedures, regulations, and laws governing the program no later than 30 days after the date the hearing was held [CCR 7406 (b) (1) (B) (5)].
At the minimum proposed decision shall contain all of the following:
A description of each issue
A statement as to whether the complaint was upheld or denied
A citation of applicable laws and regulations
The proposed decision is forwarded to the director of the AAA unless the complaint is against the director. In that case, the proposed decision should be sent to the chairperson of the governing board.
No later than 30 days after receipt of the proposed decision, the AAA Director or Chairperson of the governing board will either adopt the proposed decision as the final decision or write a new final decision. The decision shall be:
Immediately transmitted to the parties involved
Is final and not subject to further appeal
If the appeal is upheld, follow up to ensure that remedies are implemented