This grievance process is for people receiving Developmental Disability and/or Brain Injury Services provided or paid for by the Department of Health and Human Services (DHHS). If you are a person with an Intellectual Disability, Autism Spectrum Disorder, or Brain Injury, you have the right to file a grievance when you have concerns about services and supports you receive from the Department of Health and Human Services (DHHS) or a provider.
You, your case manager, or care coordinator must complete a Grievance Form (PDF). You should keep a copy of the completed form for your records. Once the form is completed, your case manager will work with DHHS and your provider to resolve your concern. Your case manager or care coordinator will keep records related to your grievance.
Either you or your case manager or care coordinator can also ask for mediation to resolve your complaint. You can ask for mediation at any point in the grievance process. If the mediation is not successful, you can continue with your grievance.
Examples of reasons you may want to file a grievance include:
- Your case manager, care coordinator, or provider said that a service is not available to you.
- Services and supports you were receiving were changed or reduced.
- You made complaints about your home or program, and nothing was done.
- There was a denial of services or supports relating to your Person-Centered Plan (PCP) or other planning process
There are two levels of grievance:
- Grievance Form (PDF) is a request for a Level 1 grievance. Your case manager or care coordinator will decide if your concern with DHHS or with your provider can be resolved. They will also inform Disability Rights Maine of the grievance.
- Case Managers/Care Coordinators must respond to the Level 1 grievance in writing within sixteen (16) days of receiving the grievance. They may use this Response Form or agency letterhead.
- If the grievance cannot be resolved within sixteen (16) days, your case manager or care coordinator will request a Level 2 grievance with your local Office of Aging and Disability Services (OADS) Program Administrator.
The OADS Program Administrator has thirty (30) calendar days to try to resolve your grievance. The Program Administrator has the right to look at documents or other information about you in order to understand the grievance. They also have a right to speak to you and/or your representative in order to understand the nature of the problem. The Program Administrator must include your representative(s) in all discussions. The Program Administrator must give you a written decision within thirty (30) calendar days after getting your Level 2 grievance. This decision will tell you:
- What the grievance is about;
- The Program Administrator’s understanding of the issue;
- The Program Administrator’s decision; and
- The reason for the Program Administrator’s decision.
You, your case manager, or care coordinator can file a request for an administrative hearing if thirty (30) days have passed and you have not received a decision from the Program Administrator, or if you received a decision and disagree. Administrative hearings are held by the Division of Administrative Hearings. You must request an administrative hearing within twelve (12) days of receiving the Program Administrator’s decision. This request must be written and mailed or faxed to your case manager or care coordinator and the OADS Program Administrator in your area.
The contact information is listed below by county:
- DHHS-OADS
- 151 Jetport Blvd, Ste. 100
- SHS #11
- Portland, ME 04102
- Fax: 207-822-2162
- DHHS-OADS
- 30 Skyway Drive, Unit 100
- SHS #11
- Caribou, ME 04736
- Fax: 207-493-4173
- DHHS-OADS
- 200 Main Street
- SHS #11
- Lewiston, ME 04240
- Fax: 207-795-4445
- DHHS-OADS
- 41 Anthony Avenue
- SHS #11
- Augusta, ME 04333
- Fax: 207-287-7188
- DHHS-OADS
- 19 Maine Avenue
- SHS #11
- Bangor, ME 04401
- Fax: 207-561-4396