Making a Complaint to BENHA
Deciding Whether The Complaint Is Appropriate To Make To BENHA
Even though the committee that reviews complaints may agree that an administrator did not deal fairly, appropriately, or courteously with a resident or member of a residents family in some situation that has been brought to their attention, the committees reaction alone is not cause to take action against the license of an administrator. The board can take action to discipline a licensee only if:
- the licensee accepts the action and enters into a stipulation and consent order with the board or
- the board can show, by a preponderance of evidence, that the licensee violated some specific law or regulation that the board is empowered to enforce.
For BENHA, that means that the licensee must be found to have violated one of the provisions specified in board rule 6400.6900.
Stating Your Complaint
To begin the complaint review process, the Board requires a written statement of the complaint.
Please use the form to describe in detail, but concisely, all the facts pertaining to your complaint. Include relevant names, dates, times, places, etc. Submit with the complaint any documentation you may have which supports your complaint. Use additional pages if necessary.
The complaint form also asks for other information. The Minnesota Government Data Practices Act requires that we inform complainants of:
- why we request the information
- what we will use it for
- whether you are legally required to supply the requested information
- what will happen if you do not provide it, and
- who will have access to the information you supply to the Board.
We ask for your name,address and phone numbers in order to:
- correspond further with you
- acknowledge your complaint
- contact you in case we need to obtain further information from you
- to let you know the results of our complaint review and investigation process.
Legally, you are not required to supply any information to the Board, however, if we do not receive your complaint in writing or if you refuse to sign the complaint, our Standards of Practice Committee will not take action to resolve it. If we do not receive your address, we will be unable to inform you of the results of your complaint.
In order to thoroughly evaluate and investigate a complaint, the Standards of Practice Committee may want to obtain a response from the administrator involved. Under state law, the administrators response is specifically for the use of the Board; it is not available to you or to anyone else. To obtain a response from the administrator to your complaint, we are requesting that you sign the portion of the complaint form entitled Authorization to provide administrator a copy of complaint. This will permit the board to send a copy of your complaint in your own words to the administrator for response. It is not, however, necessary for you to sign the authorization to provide the administrator a copy of your complaint. Your complaint will be evaluated whether or not you consent to permit us to share a copy of your complaint with the administrator. If you do not permit us to share your written complaint with the administrator, we may need to paraphrase the issues it involves in seeking an explanation from the administrator. Your name will not be divulged to the administrator, although the facts of the complaint as you have presented them may be provided to the administrator for response.
All information provided, in your complaint, in any response from the administrator, and obtained in any investigation authorized by the Board, will be evaluated to determine whether the matter is one which, under law, justifies the Boards initiation of disciplinary action against the administrator.