Olmstead Grievances

Olmstead

Building Inclusive Communities

For West Virginia Citizens

Who have Disabilities

How do you file an Olmstead grievance?

Olmstead Grievance Form

Definitions

Filing an Olmstead Complaint at the Federal Level

Olmstead Grievance Reports – Coming Soon!

How do you file an Olmstead grievance?

Any person or their authorized representative may file a grievance with the Olmstead coordinator in writing, by telephone, fax or e-mail.

Once you file a grievance with the Olmstead coordinator an acknowledgement will be provided within five (5) working. If appropriate, an informal conference between the Olmstead coordinator and the grievant may be held to discuss the grievance.

Should the grievance be resolved promptly or without delay, it will be recorded as a contact with the Olmstead coordinator. Otherwise an active case file will be opened.

The respondent will receive notification that a grievance has been filed. This notification will include all pertinent information concerning the grievance.

In resolving the grievance the Olmstead coordinator will allow all parties an opportunity to present information regarding the issues. The Olmstead coordinator may request additional information from either party in order to resolve the grievance.

In reaching a decision the Olmstead coordinator will make a decision, regarding the merit of the grievance. This decision will be based on laws, policies, regulations, procedures, and/or court orders which govern the respondent.

The Olmstead coordinator will present any recommended decisions to the Office of the Ombudsman, the grievant, and the respondent.

All decisions rendered by the Olmstead coordinator regarding resolution and/or recommendations of a grievance will be made in writing and copies made available to all parties.

If the grievant is not satisfied with the outcome of the grievance with the Olmstead coordinator, s/he may file an appeal to the Office of the Ombudsman.

The Olmstead coordinator may recommend to the parties involved in a dispute that they consider mediation as a process for resolution. Mediation services can be arranged through the Office of the Ombudsman.

Download a copy of the Grievance Form Here

Click Here

Definitions

Grievant: Person contacting the Olmstead coordinator with a complaint, dispute or grievance.

Respondent: Any agencies, entity or individual against whom a complaint has been filed.

Parties: The grievant(s) and the respondent(s) who are involved in a specific grievance filed with the Olmstead coordinator.

Filing an Olmstead Complaint at the Federal Level

The Office for Civil Rights (OCR) is the agency of the federal government that is responsible for enforcing Title II of the ADA within the state and local health care and human services. Title II of the ADA was the basis of the Olmstead decision by the U.S. Supreme court. The OCR investigates discrimination complaints against all organizations that receive funding from the United States Department of Health & Human Services.

Anyone who wishes to file an Olmstead complaint at the federal level may do so in writing to the regional office which serves West Virginia. For information in filing a grievance with the Office for Civil Rights use the following contact information.

Office for Civil Rights

U.S. Department of Health & Human Services

150 South Independence Mall, West, Suite 372

Philadelphia, PA 19106-3499

(215) 861-4441

(215) 861-3499 (TDD)

(215) 861-4431 (FAX)

Website: www.hhs.gov/ocr

E-Mail: ocrmail@hhs.gov

Quarterly & Annual Olmstead Grievance Reports

Coming Soon!