California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 2 - Rules and Regulations of Health Care Services
Subchapter 2 - Patient's Entitlements and Responsibilities
Article 5 - Health Care Grievances
Section 3999.228 - Institutional Level Health Care Grievance Review
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The institutional level is for initial clinical/administrative review of health care grievances.
(b) Health care staff at a level no less than a Registered Nurse, utilizing clinical expertise within the scope of his or her licensure, shall triage each health care grievance within one business day of receipt and:
(c) All submitted health care grievances shall be screened to identify whether the submitted health care grievance complies with the requirements under section 3999.227 and may be rejected pursuant to section 3999.234.
(d) Any health care grievance received outside the time limits pursuant to section 3999.227 may be accepted at the discretion of the HCGO if it is determined that the health care grievance should be subject to further review for reasons including, but not limited to:
(e) Health care grievances accepted as clinical in nature shall receive a clinical review by the appropriate health care discipline as determined during the triage.
(f) An interview with the patient shall be conducted in any of the following circumstances:
(g) If the patient refuses the health care grievance interview, the HCGO shall complete the health care grievance without patient input.
(h) Health care staff who participated in the event or decision being grieved may not interview the patient.
(i) Time limits for processing a health care grievance commence on the day it is received by the HCGO and shall be completed and returned to the patient within 45 business days, unless processed as an expedited health care grievance pursuant to section 3999.233(b).
(j) Health care grievance responses shall be approved and signed pursuant to section 3999.225(x).
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Americans With Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328; Civil Rights of Institutionalized Persons Act, Title 42 U.S.C. Section 1997 et seq., Public Law 96-247, 94 Stat. 349; Section 35.107, Title 28, Code of Federal Regulations; Armstrong v. Newsom (No. C-94-2307-CW), U.S. District Court, Northern District of California; Coleman v. Newsom (No. S90-0520 LKK JFM P) U.S. District Court, Eastern District of California; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Americans With Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328; Civil Rights of Institutionalized Persons Act, Title 42 U.S.C. Section 1997 et seq., Public Law 96-247, 94 Stat. 349; Section 35.107, Title 28, Code of Federal Regulations; Armstrong v. Newsom (No. C-94-2307-CW), U.S. District Court, Northern District of California; Coleman v. Newsom (No. S 90-0520 LKK JFM P) U.S. District Court, Eastern District of California; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.