Sec. 3999.237 - Changes in Health Care Jurisdiction

ยง 3999.237. Changes in Health Care Jurisdiction

(a) If the grievant is temporarily outside health care jurisdiction for an indeterminate amount of time, including, but not limited to, out-to-court or at an offsite hospital, and not expected to return before the time limits for responding to the health care grievance or health care grievance appeal have expired, the health care grievance or health care grievance appeal may be rejected pursuant to section 3999.234(a). Upon return to health care jurisdiction, the grievant may resubmit the health care grievance or health care grievance appeal pursuant to section 3999.234(b).

(b) Paroled. If the grievant paroles before the time limits expire for responding to a health care grievance or health care grievance appeal, the grievant shall not receive a response.

(c) Deceased or Discharged. If the grievant is deceased or discharged before the time limits expire for responding to a health care grievance or health care grievance appeal, a response will not be prepared.

(1. Change without regulatory effect renumbering and amending former section 3087.12 to new section 3999.237 filed 8-6-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 32). 2. Amendment of subsection (b) and Note filed 3-12-2019 as an emergency; operative 3-12-2019 (Register 2019, No. 11). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-19-2019 or emergency language will be repealed by operation of law on the following day. 3. Change without regulatory effect amending Note filed 4-15-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 16). 4. Certificate of Compliance as to 3-12-2019 order transmitted to OAL 8-14-2019 and filed 9-24-2019 (Register 2019, No. 39).)

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Civil Rights of Institutionalized Persons Act, Title 42 U.S.C. Section 1997et 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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