WV Bureau  For Behavioral Health & Health Facilities
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OFFICE OF THE OMBUDSMAN FOR
BEHAVIORAL HEALTH
  
This office was established to assist citizens of West Virginia in addressing concerns and grievances that they have regarding the behavioral health care delivery system and to provide for a process in which resolution of those issues can be accomplished.
  
Policy Declaration
         Any citizen who has a grievance relative to the delivery of behavioral health services in the state of West Virginia may pursue resolution of those issues or systemic problems by contacting the Office of the Ombudsman at:
  
Office of the Ombudsman for Behavioral Health
State Capitol Complex
Building 6, Room 850
Charleston, WV 25305
Phone: 304-558-2159 Fax: 304-558-2378
Email: David.G.Sudbeck@wv.gov
Toll Free Phone: 866-761-4628
  
         There may be particularly sensitive times when a grievant may wish to register a complaint anonymously. In those situations the identity of the grievant will be preserved within the Office of the Ombudsman.
  
         All material and records of the grievance proceedings shall be considered confidential pursuant to W.Va. Code §27-3-1 and will be retained on file with this office.
  
         All grievance proceedings will occur at a location easily accessible to all parties.
  
         The Ombudsman will have independence to administratively resolve all complaints or disputes filed with the office. The Ombudsman shall be subject only to a subcommittee of the Behavioral Health Advisory Council consisting of (1) the Commissioner for the Bureau for Behavioral Health & Health Facilities, (2) a designee of the West Virginia Behavioral Health Providers Association, (3) the Director of West Virginia Advocates (P&A) or designee, (4) counsel for petitioners, (5) the Director of the West Virginia Facility Advocacy Project, and (6) the Secretary of the Department of Health and Human Resources or his/her designee.
  
         The Ombudsman shall have access to all facilities and records, as well as access to patients, staff, contractees, or any other person affected by the behavioral health delivery system for the purpose of gathering information relevant to service need and measuring compliance with the law and court orders resulting from Hartley.
  
         No reprisals of any kind shall be taken by any individual, employer or agent of the employer against any interested party or any other participant in the grievance procedure.
  
Procedures for Filing a Grievance
  
Definitions
  
 Olmstead