Sec. 3999.226 - Right to Grieve

ยง 3999.226. Right to Grieve

(a) The health care grievance process provides an administrative remedy to patients under health care's jurisdiction for review of complaints of applied health care policies, decisions, actions, conditions, or omissions that have a material adverse effect on their health or welfare.

(1) Health care grievances are subject to an institutional level review and may receive a headquarters' level grievance appeal review, if requested by the grievant.

(2) Health care grievances shall be processed pursuant to the provisions of Subchapter 2, Article 5, Health Care Grievances, unless exempt from its provisions pursuant to court order or superseded by law or other regulations.

(3) Patients shall not use the health care grievance process to request health care services without a previous attempt to seek health care assistance through approved processes.

(4) The grievant shall not submit a health care grievance for issues outside the health care jurisdiction.

(b) Health care staff shall ensure effective communication is achieved and documented when there is an exchange of health care information involving patients with a hearing, vision, and/or speech impairment; developmental disability and/or learning disability; Test of Adult Basic Education (TABE) reading score of 4.0 or less, which includes zero or no TABE score; and/or Limited English Proficiency, and in health care grievance communications with such patients.

(c) The grievant has the right to submit one health care grievance every 14 calendar days, unless it is accepted as an expedited grievance. The 14 calendar day period shall commence on the calendar day following the grievant's last accepted health care grievance.

(d) Health care grievance forms shall be available to all inmates.

(e) Staff shall not take reprisal against the grievant for filing a health care grievance.

(f) A grievant who abuses the health care grievance process may be subject to health care grievance restriction pursuant to section 3999.236.

(g) Health care grievances are subject to a headquarters' level disposition before administrative remedies are deemed exhausted pursuant to section 3999.230. A health care grievance or health care grievance appeal rejection or withdrawal does not exhaust administrative remedies.

(1. Change without regulatory effect renumbering and amending former section 3087.1 to new section 3999.226 filed 8-6-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 32). 2. Change without regulatory effect amending Note filed 4-15-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 16).)

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; Clark Remedial Plan, Clark v. California 123 F.3d 1267 (9th Cir. 1997); 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.

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