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DLRS Home > Grievance Process Guide for Recipients of Mental Health Services > The Grievance Process Level II

Community Services Programs

Grievance Process Guide for Recipients of Mental Health Services - Level II Grievances Related to Services Provided in the Community

If you are receiving adult mental health services provided, licensed or funded by DHHS, you must send your appeal to the mental health program manager at the address listed.

The DHHSS program manager will obtain all of the other information about your grievance from the agency or regional office involved. Copies of your grievance will be forwarded to the BDS Office of Advocacy.

LEVEL II GRIEVANCES RELATED TO SERVICES PROVIDED BY INPATIENT FACILITIES

If you are a patient at AMHI or BMHI, submit your appeal notice to the superintendent's office at the address listed. That office is responsible for obtaining all of the other information about your grievance from the ward office or nursing station.

If you are being treated at another inpatient facility, send your appeal notice to the chief administrative officer of that facility. It is the responsibility of that officer's staff to obtain all of the other information pertaining to your grievance. Copies of your grievance will be forwarded to the BDS Office of Advocacy.

WHAT HAPPENS NEXT

A written response is due to you within five (5) working days of the date that the program manager/facility head receives your appeal. If that individual does not respond to your grievance within the five-day period, or does not request an additional five (5) working days to respond, you may automatically submit your grievance to Level III. 

During this time, the DHHS program manager or facility head will review the information he or she receives from Level I. He or she may also decide to further investigate the facts of the situation your grievance describes. This may include reviewing your treatment record, talking with you and with the other people who were involved in, or who witnessed the event(s) you've described, and holding a meeting/hearing to discuss your grievance. You are permitted, but not required, to present evidence and call witnesses on your behalf during that meeting. An electronic or written record must be made of any proceedings that take place during this phase of the appeals process.

Under rare circumstances, a DHHS program manager may send a Level II grievance to the Maine Department of Labor's Division of Administrative Hearings. (For a discussion of this procedure, which usually occurs at Level III of the grievance process.) 

APPEALING LEVEL II DECISIONS

If you are dissatisfied with the Level II response to your grievance, you may appeal to the Commissioner of DHHS. 

Your appeal must be in writing, but no particular form is required. You may write "I appeal my grievance to Level III." On that same sheet of paper, include the date and a brief description of the reason why you are appealing the decision that's been made. 

The commissioner's office will obtain all of the other information related to your appeal.

Your appeal must be sent within ten (10) working days of the day you receive the Level II decision.