Sec. 3999.233 - Exceptions to Health Care Grievance Process Time Limits
§ 3999.233. Exceptions to Health Care Grievance Process Time Limits
(a) Exceptions to health care grievance process time limits pursuant to sections 3999.228(i) and 3999.230(f) shall be permitted only when:
(1) Grievant, staff, or witnesses are not available prior to the expiration of the response time limits to provide information to prepare the health care grievance or health care grievance appeal response.
(2) The complexity of the decision, action, or policy requires additional research.
(3) Involvement of other departments, agencies, or jurisdictions is necessary.
(4) A state of emergency requires the postponement of nonessential administrative decisions and actions pursuant to section 3383(a).
(b) Expedited health care grievances and health care grievance appeals identified pursuant to sections 3999.228(b)(2) or 3999.230(b)(1)(B) shall be processed and returned to the grievant within five business days from the date of receipt.
(c) Headquarters' level directives shall specify the timeframe for completion for expedited health care grievance appeals.
(d) The HCGO shall notify the grievant and HCCAB if there is a delay in the completion of a headquarters' level directive and the estimated completion date.(1. Change without regulatory effect renumbering and amending former section 3087.8 to new section 3999.233 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; 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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