Cal. Code Regs. tit. 15, § 3999.236 – Abuse of the Health Care Grievance Process.

(a) The following are abuse of the health care grievance process and may lead to health care grievance restriction:
1. (1) The submission of more than one health care grievance for initial review within a 14 calendar day period, unless it is accepted as an expedited grievance.
2. (2) The repeated filing of a health care grievance or health care grievance appeal that has been rejected and resubmitted without complying with rejection response instructions pursuant to section 3999.234(b).
3. (3) The patient continues to submit health care grievances or health care grievance appeals contrary to section 3999.227.
(b) After the HCGO identifies health care grievance abuse and provides a written and verbal warning to the patient, the headquarters' level reviewing authority shall have the discretion to authorize preparation and issuance of a notice restricting the patient to one routine health care grievance every 30 calendar days for a period of up to one year. Any subsequent violation of the health care grievance restriction may result in an extension of the restriction for up to an additional one-year period upon approval by the headquarters' level reviewing authority.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 148.6(a) and 5054, Penal Code; Armstrong v. Newsom (No. C-94-2307-CW), U.S. District Court, Northern District of California; Coleman v. Newsom (No. S90-0520 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.

History

1. Change without regulatory effect renumbering and amending former section 3087.11 to new section 3999.236 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 (a)(3) and (b) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).