§ 36-3413 — Grievance and appeal process

A. The administration shall require all regional behavioral health authorities to establish and implement a grievance and appeal process for use by service providers and by individuals receiving and requesting services. The administration shall stipulate any required elements of the process in the request for proposal issued to solicit bids from entities that wish to become a regional behavioral health authority.

B. The process shall be as prescribed in title 41, chapter 6, article 10, subject to the exceptions in section 36-2903.01, subsection B, paragraph 4 and rules adopted by the director, for grievances and appeals filed by regional behavioral health authorities and by service providers and individuals receiving and requesting services that have already exhausted the regional behavioral health authority grievance and appeal process. In the case of individuals receiving behavioral health services by a service provider that has contracted directly with the administration instead of through a regional behavioral health authority, the administration's grievance and appeal process is considered the primary process.