Sec. 3999.235 - Health Care Grievance and Health Care Grievance Appeal Withdrawal

ยง 3999.235. Health Care Grievance and Health Care Grievance Appeal Withdrawal

(a) With the exception of health care grievances determined to be health care staff complaints, the grievant may withdraw a health care grievance or health care grievance appeal by requesting to have the processing stopped at any point up to receiving a signed response.

(b) The request to withdraw a health care grievance or health care grievance appeal shall identify the reason for the withdrawal in Section E of the CDCR 602 HC, and shall be signed and dated by the grievant. The grievant may also submit a written request to the reviewing authority, including the reason for withdrawal, grievant signature, and date.

(c) If there is agreed-upon relief noted in writing at the time of a withdrawal and the relief is not provided, the grievant may submit a new separate health care grievance on that issue within 30 calendar days of the failure to receive relief.

(d) The withdrawal of a health care grievance or health care grievance appeal does not preclude further administrative action regarding the issues being grieved.

(e) The decision to accept a request to withdraw a health care grievance or health care grievance appeal is at the discretion of the HCGO or HCCAB.

(1) The grievant shall be provided a response of acceptance of the request to withdraw a health care grievance or health care grievance appeal.

(2) If the request to withdraw a health care grievance or health care grievance appeal is not accepted, the processing of the health care grievance or health care grievance appeal shall continue and a response shall be issued, unless the grievant is paroled, deceased, or discharged pursuant to section 3999.237.

(1. Change without regulatory effect renumbering and amending former section 3087.10 to new section 3999.235 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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