Disabilities Rights Center: Frequently asked questions, when you have a complaint about your Community Mental Health Center or Area Agency

If you are applying to or receiving services from an Area Agency for Developmental Services (AA) or a Community Mental Health Center (CMHC), there are laws and rules to make sure you are treated fairly and receive quality services. There are also rules that set forth your rights to challenge and complain about any actions or decisions made by the AA or CMHC that affect you.

What are my rights? If you are applying to or receiving services from an AA or CMHC, you have specific rights. The law also offers special protections to you as a person with a disability. If you have a guardian, or you are committed or conditionally discharged from the hospital, some of those rights may be limited. The agency must tell you what your rights are. Here are some of the state rules about your rights. You can ask the DHHS Office of Client and Legal Services, 1-800-852-3345, ext. 5144, for a paper copy of your rights:

What can I do if I am unhappy or disagree with something the AA or CMHC has done or not done? There are many ways you can work to resolve a problem you have with your services. You can work it out informally by speaking to someone or calling a meeting, or you can pursue the formal complaint process. In some cases you can file an appeal directly with the Department of Health and Human Services.

What can I complain about? You can complain about any action or decision the agency has taken that affects you. You can complain about any agency that contracts with the AA or CMHC to provide services to you, such as a day program or community residence. You don’t have to get permission to make a complaint or have someone else decide if your complaint is worthwhile.

Who can make a complaint? Anyone. Employees of the agencies MUST make a complaint if they have reason to believe there has been abuse, neglect, or exploitation.

Do I have to put my complaint in writing? No. You do not have to use a certain form either. You can complain by telling an employee or the agency's complaint investigator. You can put your complaint in writing too. You could also tape record the complaint and give it to someone at the agency. If you tell someone your complaint, the agency has to put it in writing and ask you to sign it. Make sure it is correct and complete before you sign it.

It is a good idea to put your complaint in writing yourself if you can. This creates a record of your complaint in case there is a question later about what you complained about, when you complained, or any of the details. You can ask for help if you don’t feel you can put it in writing yourself. ALWAYS keep a copy of any paperwork involved in the complaint.

Will I get in trouble? You should not get in trouble for filing a complaint. Agencies are not allowed to punish or retaliate against you. If someone else helps you file the complaint or files the complaint themselves, agencies are not allowed to punish or retaliate against them either, as long as it was a complaint made in good faith. If you DO get in trouble, call the DRC – 1-800-834-1721.

Can the agency resolve the complaint informally? Yes, IF YOU AGREE, and if the complaint does not involve abuse, neglect, or exploitation. If the complaint does involve these serious issues, the agency MUST conduct a formal investigation. On any issue, if you want a formal complaint investigation, the agency must conduct one.

What happens in a formal complaint investigation? The complaint investigator is assigned and has 15 working days to try to resolve the complaint to you or your guardian’s satisfaction. The investigator must interview the people involved and any relevant records or documents, then prepare a report of the investigation with a proposed resolution. The investigator must give this report to you or your guardian.

If you don’t like the proposed resolution, you can tell the investigator, within ten working days, to investigate further or refer the matter to the agency director for further review. If the matter is referred to the director, he/she must issue a written decision within 10 working days of getting the complaint investigator’s report. The director must give you or your guardian a copy of the final decision and send a copy to the Department of Health and Human Services, Office of Client and Legal Services.

If I don’t like the decision, what can I do? You have the right to appeal the decision to the Department of Health and Human Services. The agency must tell you about your appeal rights. If the agency does not tell you about your appeal rights, ask for them or call the Disabilities Rights Center (1-800-834-1721) for more information.

What if it is an emergency? If the problem involves forced emergency treatment or if there are circumstances that if not corrected or resolved will result in serious harm to someone, then the agency must take emergency action on your complaint. All of the timelines are shortened to no more than three working days for each step of the complaint process.

What issues can be appealed? You can appeal any decision you disagree with. Some issues can be appealed directly without first going through the complaint process, like decisions about your eligibility for services or the suspension and termination of your services by the agency.

How do I appeal the decision to DHHS? You send your appeal, either verbally or in writing, to the department director at DHHS. If you need help to do this, you can call the DHHS Office of Client and Legal Services 1-800-852-3345, ext. 5144, and ask for help.

To appeal an AA decision, write to:
Director
Bureau of Developmental Services
105 Pleasant Street
Concord, NH 03301

To appeal a CMHC decision, write to:
Director
Bureau of Behavioral Health
105 Pleasant Street
concord, NH 03301

You must appeal within thirty days of getting the final decision. The director must then send your appeal to the DHHS Administrative Appeals Unit. You can request either a formal hearing or an administrative review.

What happens in a hearing? A hearing officer will conduct a hearing where both parties will be able to present witnesses, documents, and other evidence.

Should I have a lawyer represent me at the hearing? You do not have to have a lawyer at the hearing, but you may want to have one to protect your rights and assist you through this complicated process. The agency that is the subject of the complaint may have a lawyer representing them. The DRC does provide legal assistance to some people at administrative hearings. Call us for more information (1-800-834-1721).

What happens in an administrative review? This is a more informal process where the hearing officer will look at documents and interview involved people in order to reach a decision.

How long does it take to get a decision? Federal law requires that, if Medicaid is involved, the decision must be issued within 90 days. In practice, however, it can take longer, unless it is an emergency.

What if I am not satisfied with the decision of the hearing officer? The rules allow you to request a rehearing. Often you can appeal the decision to court. You should speak with a lawyer before you take this step. You can contact a private lawyer or you can call the DRC for advice.

page last updated: 5/5/08



		DRCNH Home > Know Your Rights > Area Agency and Mental Health Center Rights > FAQs Frequently Asked Questions: When you have a complaint about your Community Mental Health Center or Area Agency
		Download the PDF version: as a booklet (pages out of order until you put the booklet together); with pages in order If you are applying to or receiving services from an Area Agency for Developmental Services (AA) or a Community Mental Health Center (CMHC), there are laws and rules to make sure you are treated fairly and receive quality services. There are also rules that set forth your rights to challenge and complain about any actions or decisions made by the AA or CMHC that affect you. What are my rights? What can I do if I am unhappy or disagree with something the AA or CMHC has done or not done? What can I complain about? Who can make a complaint? Do I have to give my name? What are some examples of actions or decisions that can be challenged? Do I have to put my complaint in writing? Will I get in trouble? Can the agency resolve the complaint informally? What happens in a formal complaint investigation? If I don’t like the decision, what can I do? What if it is an emergency? What issues can be appealed? How do I appeal the decision to DHHS? What happens in a hearing? Should I have a lawyer represent me at the hearing? What happens in an administrative review? How long does it take to get a decision? Where can I find out more about the administrative review and hearing process? What if I am not satisfied with the decision of the hearing officer? What are my rights? If you are applying to or receiving services from an AA or CMHC, you have specific rights. The law also offers special protections to you as a person with a disability. If you have a guardian, or you are committed or conditionally discharged from the hospital, some of those rights may be limited. The agency must tell you what your rights are. Here are some of the state rules about your rights. You can ask the DHHS Office of Client and Legal Services, 1-800-852-3345, ext. 5144, for a paper copy of your rights: He-M 200: Rights Protection Procedures He-M 300: Rights He-M 400: Community Mental Health Centers (includes eligibility determination and service planning in He-M 401) He-M 500: Developmental Services (includes eligibility determination and service planning in He-M 503) back to top What can I do if I am unhappy or disagree with something the AA or CMHC has done or not done? There are many ways you can work to resolve a problem you have with your services. You can work it out informally by speaking to someone or calling a meeting, or you can pursue the formal complaint process. In some cases you can file an appeal directly with the Department of Health and Human Services. back to top What can I complain about? You can complain about any action or decision the agency has taken that affects you. You can complain about any agency that contracts with the AA or CMHC to provide services to you, such as a day program or community residence. You don’t have to get permission to make a complaint or have someone else decide if your complaint is worthwhile. back to top Who can make a complaint? Anyone. Employees of the agencies MUST make a complaint if they have reason to believe there has been abuse, neglect, or exploitation. back to top Do I have to give my name? No, you may complain anonymously. back to top What are some examples of actions or decisions that can be challenged? Your eligibility for services The quality of your services Your service agreement or treatment plan and what is or is not in it Unfair treatment or restriction of your rights or liberty Failure to inform you about risks, benefits, side effects, and alternatives to the treatment and services provided to you Violations of your privacy or right to confidentiality Suspension or termination of your services Abuse, neglect Housing or residential issues back to top Do I have to put my complaint in writing? No. You do not have to use a certain form either. You can complain by telling an employee or the agency's complaint investigator. You can put your complaint in writing too. You could also tape record the complaint and give it to someone at the agency. If you tell someone your complaint, the agency has to put it in writing and ask you to sign it. Make sure it is correct and complete before you sign it. It is a good idea to put your complaint in writing yourself if you can. This creates a record of your complaint in case there is a question later about what you complained about, when you complained, or any of the details. You can ask for help if you don’t feel you can put it in writing yourself. ALWAYS keep a copy of any paperwork involved in the complaint. back to top Will I get in trouble? You should not get in trouble for filing a complaint. Agencies are not allowed to punish or retaliate against you. If someone else helps you file the complaint or files the complaint themselves, agencies are not allowed to punish or retaliate against them either, as long as it was a complaint made in good faith. If you DO get in trouble, call the DRC – 1-800-834-1721. back to top Can the agency resolve the complaint informally? Yes, IF YOU AGREE, and if the complaint does not involve abuse, neglect, or exploitation. If the complaint does involve these serious issues, the agency MUST conduct a formal investigation. On any issue, if you want a formal complaint investigation, the agency must conduct one. back to top What happens in a formal complaint investigation? The complaint investigator is assigned and has 15 working days to try to resolve the complaint to you or your guardian’s satisfaction. The investigator must interview the people involved and any relevant records or documents, then prepare a report of the investigation with a proposed resolution. The investigator must give this report to you or your guardian. If you don’t like the proposed resolution, you can tell the investigator, within ten working days, to investigate further or refer the matter to the agency director for further review. If the matter is referred to the director, he/she must issue a written decision within 10 working days of getting the complaint investigator’s report. The director must give you or your guardian a copy of the final decision and send a copy to the Department of Health and Human Services, Office of Client and Legal Services. back to top If I don’t like the decision, what can I do? You have the right to appeal the decision to the Department of Health and Human Services. The agency must tell you about your appeal rights. If the agency does not tell you about your appeal rights, ask for them or call the Disabilities Rights Center (1-800-834-1721) for more information. back to top What if it is an emergency? If the problem involves forced emergency treatment or if there are circumstances that if not corrected or resolved will result in serious harm to someone, then the agency must take emergency action on your complaint. All of the timelines are shortened to no more than three working days for each step of the complaint process. back to top What issues can be appealed? You can appeal any decision you disagree with. Some issues can be appealed directly without first going through the complaint process, like decisions about your eligibility for services or the suspension and termination of your services by the agency. back to top How do I appeal the decision to DHHS? You send your appeal, either verbally or in writing, to the department director at DHHS. If you need help to do this, you can call the DHHS Office of Client and Legal Services 1-800-852-3345, ext. 5144, and ask for help. To appeal an AA decision, write to: Director Bureau of Developmental Services 105 Pleasant Street Concord, NH 03301 To appeal a CMHC decision, write to: Director Bureau of Behavioral Health 105 Pleasant Street concord, NH 03301 You must appeal within thirty days of getting the final decision. The director must then send your appeal to the DHHS Administrative Appeals Unit. You can request either a formal hearing or an administrative review. back to top What happens in a hearing? A hearing officer will conduct a hearing where both parties will be able to present witnesses, documents, and other evidence. back to top Should I have a lawyer represent me at the hearing? You do not have to have a lawyer at the hearing, but you may want to have one to protect your rights and assist you through this complicated process. The agency that is the subject of the complaint may have a lawyer representing them. The DRC does provide legal assistance to some people at administrative hearings. Call us for more information (1-800-834-1721). back to top What happens in an administrative review? This is a more informal process where the hearing officer will look at documents and interview involved people in order to reach a decision. back to top How long does it take to get a decision? Federal law requires that, if Medicaid is involved, the decision must be issued within 90 days. In practice, however, it can take longer, unless it is an emergency. back to top Where can I find out more about the administrative review and hearing process? The Administrative appeals unit has FAQs and how-tos on its website. back to top What if I am not satisfied with the decision of the hearing officer? The rules allow you to request a rehearing. Often you can appeal the decision to court. You should speak with a lawyer before you take this step. You can contact a private lawyer or you can call the DRC for advice. Home \| About the DRC \| Issue Areas \| If You Need Legal Assistance \| Information About Your Rights \| Legislative/Rulemaking Action Center \| Get Involved! \| News \| Donate to the DRC \| En Espanol \| Links \| Contact Web Administrator page last updated: 5/5/08

Frequently Asked Questions: When you have a complaint about your Community Mental Health Center or Area Agency

Frequently Asked Questions:
When you have a complaint about your Community Mental Health Center or Area Agency