Section 6105 of the Patient Protection and Affordable Care Act

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Bulletins applicable to this section

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The Secretary of HHS is required to develop a standardized complaint form for use by a resident (or a person acting on the resident’s behalf) in filing a complaint about a SNF or NF with a State survey and certification agency and a State long term care ombudsman program.

Each state must establish a complaint resolution process in order to ensure that the legal representative of a SNF or NF resident is not denied access to the resident or otherwise retaliated against if they have complained about the quality of care provided by the facility or other issues relating to the facility. The complaint resolution process must include the following:

  • procedures to assure accurate tracking of complaints received, including notification to the complainant that a complaint has been received;
  • procedures to determine the likely severity of a complaint and for the investigation of the complaint; and
  • deadlines for responding to a complaint and for notifying the complainant of the outcome of the investigation.

This provision takes effect one year from March 23, 2010.