Section 3999.225 - DefinitionsFor the purpose of Subchapter 2, Article 5 only, the following definitions apply:
(a) Accepted means that the health care grievance qualified for processing at the level submitted.(b) Administrative remedy means the non-judicial process provided to address patient health care grievances in which a patient may allege an issue and seek a remedy and the Health Care Grievance Office and Health Care Correspondence and Appeals Branch have an opportunity to intervene and respond. A headquarters' level health care grievance appeal disposition exhausts administrative remedies.(c) Amendment means a headquarters' instruction to the institution to revise a previously written institutional level health care grievance response which requires correction or clarification prior to conducting a headquarters' level grievance appeal review.(d) Appeal means a patient's submission of a health care grievance to the headquarters' level for review of the institutional level disposition.(e) Business day means Monday through Friday excluding State holidays.(f) Chief Executive Officer (health care) means the highest level health care executive assigned to a CDCR institution.(g) Disposition means the outcome of the health care grievance review at the level submitted.(h) Expedited health care grievance means a health care grievance determined by clinical staff to require expeditious handling.(i) Headquarters' level directive means a written mandate by the headquarters' level reviewing authority to the institutional level reviewing authority requiring the action as identified in the directive, after headquarters' review of a health care grievance appeal.(j) Health care discipline means medical, dental, or mental health.(k) Health Care Correspondence and Appeals Branch (HCCAB) means the office responsible for statewide oversight of the grievance program and the headquarters' level health care grievance appeal review.(l) Health care grievance means a written complaint submitted by a patient using a CDCR 602 HC, pursuant to section 3999.226(a).(m) Health Care Grievance Office (HCGO) means the office responsible for coordinating the institutional level health care grievance review.(n) Health care grievance package means the CDCR 602 HC and the CDCR 602 HC A, Health Care Grievance Attachment and all supporting documents. A health care grievance is not a record of care and treatment rendered and shall not be filed in the central file or health record.(o) Health care grievance process means all steps involving patient preparation and health care staff receipt, review, disposition, and exhaustion of submitted health care grievances.(p) Health care staff means any administrative and/or clinical staff involved in the health care grievance process under health care's reviewing authority.(q) Intervention means available administrative action or redress deemed necessary by health care staff to address an identified health care grievance.(r) Material adverse effect means harm or injury that is measurable or demonstrable (even if that measurement or demonstration is subjective for the patient) or the reasonable likelihood of such harm or injury due to a health care policy, decision, action, condition, or omission.(s) Multiple health care grievances means health care grievances received from more than one patient on an identical issue.(t) Patient means an incarcerated person who is seeking or receiving health care services.(u) Rejected means that the submitted health care grievance or appeal of grievance disposition did not qualify for processing for the reasons stated in the rejection.(v) Response means the written notification provided to the patient relative to the disposition, rejection, or withdrawal of a health care grievance or health care grievance appeal.(w) Reviewing authority means health care staff authorized to approve and sign health care grievance responses to ensure procedural due process. The reviewing authority does not conduct a clinical review.(1) The reviewing authority shall not be an individual who participated in the event or decision being grieved.(2) Health care grievances and staff complaints submitted at the institutional level are approved and signed by the Chief Executive Officer (health care) or designee. Circumstances may warrant the headquarters' level reviewing authority to assign a designee.(3) Health care grievances and staff complaints submitted at contracted, community correctional, or out-of-state facilities are approved and signed by an executive level designee. Circumstances may warrant the headquarters' level reviewing authority to assign a designee.(4) Health care grievance appeals and staff complaints submitted at the headquarters' level are approved and signed by the Deputy Director, Policy and Risk Management Services, or designee.(x) Staff misconduct means health care staff behavior or activity that violates a law, regulation, policy, or procedure, or is contrary to an ethical or professional standard.(y) Supporting documents means any document the patient may need to substantiate allegations made including, but not limited to, property inventory sheets, property receipts, trust account statements, and written requests for interviews, items, or health care services. Supporting documents do not include documents that only restate the issue(s) grieved, argue its merits, or introduce new issues not identified in the current health care grievance form(s), or documents accessible to health care staff, such as patient health records. (1) If submitting a health care grievance related to a reasonable accommodation decision, supporting documents include the reasonable accommodation request package and response.(2) If submitting a health care grievance appeal, supporting documents include the original institutional level health care grievance response.Cal. Code Regs. Tit. 15, § 3999.225
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Coleman v. Newsom (No. S90-0520 LKK JFM P) U.S. District Court, Eastern District of California; Armstrong v. Newsom (No. C-94-2307-CW), U.S. District Court, Northern District of California; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Coleman v. Newsom (No. S 90-0520 LKK JFM P) U.S. District Court, Eastern District of California; Armstrong v. Newsom (No. C-94-2307-CW), U.S. District Court, Northern District of California; and Plata v. Newsom (No. C01-1351 JST), U.S. District Court, Northern District of California.
1. Change without regulatory effect adopting article 5 (sections 3999.225-3999.237 ) and renumbering and amending former section 3087 to new section 3999.225 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).
3. Change without regulatory effect amending subsections (b) and (d), repealing subsection (i), relettering subsections and amendment of newly designated subsections (o), (s)-(t), (v) and (y) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).