Responding to a Denial
Step 6: File a Discrimination Complaint with the Federal Office of Civil Rights
BD SUMHAC has met with the Department of Health and Human Services Office of Civil Rights about the difficulties that the BD community has had accessing inpatient/residential behavioral health facilities. They have requested that whenever a person experiences a denial because of a bleeding disorder, the person or their provider submit an official “complaint” to the Office of Civil Rights. These complaints are not lawsuits, they are simply a way of initiating a conversation with the Office of Civil Rights. These submissions are important for two reasons:
They may be able to help your patient. The Office of Civil Rights may be able to intervene in your patient’s case and help get your patient admitted to an appropriate behavioral health facility. They do so in a collaborative way by educating the facility about your patient’s legal rights and the facility’s obligations.
It will help the bleeding disorder (BD) community. The Office of Civil Rights is collecting information about the pattern of denials and needs specific case examples (stories of people who have been denied access) in order to intervene and make any changes to policies. In other words, we have to show them that people are being denied because of their BD in order for them to help the community, and submitting your patient’s case helps us do that.
Submit a Complaint to the Office of Civil Rights through their website. In order to make the process as easy as possible, before starting a complaint, gather all the information that you will need to complete the form.
Summary of information needed to file a complaint with the Office of Civil Rights:
1) Your contact information
2) The name, address, and phone number of the agency/organization that denied access on the basis of a BD
3) The specific date of the first denial and the date of every day that you waited for placement or until discharge.
4) A succinct summary of the incident that describes the context, the specific reason(s) that they gave for denying access.
5) Any documentation of discrimination (screenshot of medical record/provider notes, letter or email from the facility, etc.)
On this website, the term “behavioral health” includes both mental health and substance use disorder.