Sec. 3999.229 - Preparation and Submittal of a Health Care Grievance Appeal

ยง 3999.229. Preparation and Submittal of a Health Care Grievance Appeal

(a) If dissatisfied with the institutional level health care grievance disposition, the grievant may appeal the disposition by completing and signing Section B of the CDCR 602 HC and submitting the health care grievance package to HCCAB via the United States Postal Service within 30 calendar days plus five calendar days for mailing from the date noted on the CDCR 602 HC, in the "Date closed and mailed/delivered to grievant" section on page 1 of 2.

(1) The requirements of sections 3999.227(c) through (g) and (j) through (q) apply to this section.

(2) The health care grievance package shall include the original institutional level grievance response.

(3) The grievant shall not include new issues that were not included in the original health care grievance.

(4) For appeals of health care grievances processed on an expedited basis at the institutional level, the grievant shall forward the health care grievance package to the HCGO where the grievant is housed if continued expedited processing is requested.

(1. Change without regulatory effect renumbering and amending former section 3087.4 to new section 3999.229 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; Section 1013(a), California Code of Civil Procedure; 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.

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