Mental Health Ombudsman (MHO)
Vision Statement
The Office of the Mental Health Ombudsman, through independent, impartial, and confidential investigations, envisions to help consumers find a resolution to their complaints through accountability, communication, understanding, and kindness.
Our Role/What We Do
The Office of the Mental Health Ombudsman will listen to West Virginia citizens when they believe a Mental Health Facility, State Hospital, or Behavioral Health Program has treated them unfairly or violated their patient rights. Then, we will communicate with all parties involved to determine the nature of the dispute and respond in the most appropriate way to resolve the issue.
As part of our independent, impartial, and confidential investigations, we help define issues, rights, identify options, refer consumers to other agencies if appropriate, explain agency policies, and develop reasonable expectations. We work with the consumers and agency personnel to ensure that the agency is complying with the law, certification, accreditation, licensure standards, patient rights, and being fair. Although we have no authority to compel an agency to follow our recommendations, most administrators are eager to resolve consumer problems and agency mistakes if they are substantiated. If the allegations are unsubstantiated and the agency performed correctly, we explain our findings to consumers. We also monitor the development and implementation of laws, regulations, and policies relating to mental health and behavioral health care delivery systems.
Your Role / How the Office of the Mental Health Ombudsman can help you.
Step 1: Try to resolve the issue with the agency first.
Follow these best practice recommendations for more positive results:
- Be kind. Treat workers with respect and courtesy.
- Be patient. Workers have many tasks and time restraints.
- Prepare. Gather information related to your complaint.
- File a written complaint. Spend time explaining yourself. Be professional. A writtencomplaint allows for a more thoughtful, reasoned approach AND gives you the benefit of evidence that an oral complaint does not.
- Politely ask to speak to an administrator if you feel that your complaint is not being understood.
Step 2: Check that your issue is something we can help with.
We CAN examine:
- Mental Health Facilities
Mental Health Facilities are defined in W. Va. Code §27-1-9 as: any inpatient, residential, or outpatient facility for the care and treatment of the mentally ill, intellectually disabled or addicted which is operated, or licensed to operate, by the Department of Health and Human Resources and includes state hospitals as defined in section six of this article. The term also includes veterans’ administration hospitals, but does not include any regional jail, juvenile or adult correctional facility, or juvenile detention facility.
- State Hospitals
State Hospitals are defined in W. Va. Code §27-1-6 as: any hospital, center or institution, or part of any hospital, center, or institution, established, maintained, and operated by the Division of Health, or by the Division of Health in conjunction with a political subdivision of the state, to provide inpatient or outpatient care and treatment for the mentally ill, intellectually disabled, or addicted. The terms "hospital" and "state hospital" exclude correctional and regional jail facilities.
- Behavioral Health Programs
Behavioral Health Programs are not currently defined in law, but the definition defined by the Office of the Mental Health Ombudsman is any program that offers behavioral health services in the state of West Virginia. This does include, but is not limited to, behavioral health centers defined in W. Va. Code R. §64-11-3.8 as: a provider, entity, or facility that provides behavioral health services, supports, or both.
We CANNOT examine:
- Federal agencies
- The judicial branch (including attorneys, judges, and other court officials)
- Elected officials at any level of government
- Colleges and universities
We DO NOT:
- We do not have to investigate every complaint we get. We are more likely to investigate ongoing problems or serious abuses of power.
- We do not act for particular parties or agencies.
- We cannot force an agency to take action in the way a court can.
- We do not give legal advice.
Step 3: Contact us.
Complaints may be received from any citizen, and complaints from citizens with guardians shall be received and acted upon with or without the consent of the guardian. There may be particularly sensitive times when a grievant may wish to register a complaint anonymously. In those situations, the identity of the complainant will be preserved within the Office of the Mental Health Ombudsman.
You may use our electronic complaint form: COMPLAINT FORM
You may print this form, fill it out: PRINTABLE VERSION
Then mail it to this address below:
1900 Kanawha Boulevard East
Building 6, Room 817
Charleston, WV 25305
You may call us at (304) 558-2159
The Office of the Mental Health Ombudsman will listen to your complaint. We are here to help.
Referrals:
Family Resource Networks (FRNs) are local coalitions of people working to better meet the needs and improve services for children and families in their communities. West Virginia’s Family Resource Networks are defined in WV State Code under §49-1-206. Please visit the Family Resource Network at WVFRN.org