Sec. 3999.227 - Preparation and Submittal of a Health Care Grievance

ยง 3999.227. Preparation and Submittal of a Health Care Grievance

(a) The grievant is limited to the use of one CDCR 602 HC to describe the specific complaint that relates to their health care which they believe has a material adverse effect on their health or welfare, and one CDCR 602 HC A, if additional space is needed.

(b) The grievant shall complete Section A of the CDCR 602 HC and submit to the HCGO where the grievant is housed within 30 calendar days of:

(1) The action or decision being grieved, or;

(2) Initial knowledge of the action or decision being grieved.

(c) An individual may help the grievant prepare the health care grievance unless the act of providing such assistance results in any of, but not limited to, the following:

(1) Acting contrary to the provisions pursuant to sections 3163 and 3270.

(2) Allowing an individual to exercise unlawful influence or assume control over another.

(3) Unlawful access to the grievant's protected health information or personally identifiable information.

(d) An individual may not submit a health care grievance on behalf of another person.

(e) The grievant is limited to one issue or set of issues related to a single health care discipline that can reasonably be addressed in a single health care grievance response.

(f) The grievant shall print legibly or type in a standard font on the lines provided on the health care grievance form(s). There shall be only one line of text on each line provided on the health care grievance form(s).

(g) The grievant shall document clearly and coherently all information known and available to him or her regarding the issue.

(1) The grievant shall include any involved staff member's last name, first initial, title or position, and the date(s) and description of their involvement.

(2) If the grievant does not have information to identify involved staff member(s), the grievant shall provide any other available information that may assist in processing the health care grievance.

(h) The grievant may request an interview by initialing the appropriate box on the CDCR 602 HC.

(i) The grievant shall sign and date an original CDCR 602 HC. If the original health care grievance is not available, the grievant may obtain a copy stamped "treat as original" from the HCGO for submission.

(j) The grievant shall include supporting documents necessary for the clarification and/or resolution of the issue(s) prior to submitting the health care grievance pursuant to section 3999.225(z).

(k) If unable to obtain some supporting documents, the grievant shall submit the health care grievance with all available documents and an explanation of why the remaining documents are not available.

(l) The grievant shall present their health care grievance in a single submission.

(m) The grievant shall submit the institutional level health care grievance for processing to the HCGO where the grievant is housed.

(n) The grievant may not use threatening, obscene, demeaning, or abusive language, except if the grievant alleges health care staff used such language.

(o) The grievant shall not deface the health care grievance package.

(p) The grievant shall not contaminate the health care grievance or attach physical, organic or inorganic objects, particles, other materials, or samples. Examples of contaminants or attachments include, but are not limited to, food, medication, clothing, razor blades, needles, human hair, tissue, and/or bodily fluids such as blood, saliva, or excrement. Health care grievances received that are suspected to contain hazardous or toxic material that may present a threat to the safety and security of staff, inmates, or the institution shall be referred to custody staff for potential disciplinary sanctions.

(q) The grievant shall not submit a health care grievance which includes information or accusations the grievant knows to be false or makes a deliberate attempt to distort the facts.

(1. Change without regulatory effect renumbering and amending former section 3087.2 to new section 3999.227 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; 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); 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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