Complaints and Grievances

Find places to file complaints related to poor care, denial of services or insurance reimbursement, abuse and neglect, and civil rights violations.

What are options for complaints related to care or incarceration?    

If a person with severe mental illness (SMI) has received poor care or been injured or denied services through the healthcare or criminal legal/corrections systems, you might file a formal complaint or contact an advocacy organization for assistance. Here are a few starting points:   

• • The Civil Rights Division of the U.S. Department of Justice provides an online form to report discrimination, including rights violations related to police brutality, mistreatment during an arrest or incarceration, or unsafe living conditions. See below for more information.  

• • Health and Human Services (HHS.gov) enforces anti-discrimination laws that apply to programs, services, and activities receiving HHS dollars. Find information on how to file a complaint with the HHS Office for Civil Rights: Complaint Process | HHS.gov.  

• • Under the Emergency Medical Treatment and Labor Act (EMTALA) individuals are guaranteed access to emergency medical services regardless of a person’s ability to pay. This includes rights to be appropriately evaluated and stabilized prior to discharge or transfer. If you believe your or your loved one’s rights under EMTALA were violated, you can file a complaint with a State Survey Agency. 

• • Your state’s attorney general can investigate complaints about companies, providers, government entities, judges, or attorneys. The office is typically divided into civil and criminal divisions and has relatively broad authority if it chooses to take up an issue.   

• • If you have private or employer-funded insurance and you believe your loved one has been denied reimbursement for medically necessary care, your state’s office of the insurance commissioner can provide information about complaint options.    

• • For help navigating the Medicaid system, families can ask their managed care organization to assign an insurance case manager to find providers and ensure that medical needs are served. With or without a case manager, families can ask for information about complaint options from the state agency that manages Medicaid—often a state health care authority or department of health. States often have unique names for their Medicaid programs, listed in a chart provided by the American Council on Aging.  
  • For complaints against an inpatient psychiatric hospital or outpatient psychiatric service facility, contact the Department of Health (or Department of Mental Health, if available) in the state where that facility is located for information about the grievance process.