Welf. & Inst. Code, § 4890

For the purposes of this chapter, the following terms have the following meanings:

(a) “Authorized representative” has the same meaning as in Section 4701.

(b) “Case file” means information or documentation provided by the grievant, and information or documentation considered, relied upon, and generated by the regional center or state-operated facility related to the grievance.

(c) “Day” means a calendar day.

(d) (1) “Grievance” means either of the following:

(A) An expression of dissatisfaction related to the regional center, service provider, or state-operated facility’s performance of the activities described in Section 441.301(c)(1) to 441.301(c)(6) of Title 42 of the Code of Federal Regulations or an individual’s rights described in Sections 4502, 4502.1 and 4503.

(B) A belief that, for a person described in paragraph (1) of subdivision (e), a right described in Sections 4502, 4502.1, or 4503 has been abused, punitively withheld, or improperly or unreasonably denied by a regional center, service provider, or state-operated facility.

(2) For the purposes of this chapter, “grievance” does not include disagreements regarding eligibility for and the provision of services to which Chapter 7 (commencing with Section 4700) applies, or regarding rates or audit appeals for which there is an appeals procedure established in regulations. This chapter does not limit rights under Chapter 7 (commencing with Section 4700).

(e) “Grievance reviewer” means an individual with subject matter expertise related to the grievance who reviews the grieved issue, including information submitted by grievant, and who was not involved in the situation or decisionmaking that resulted in the grievance, or a subordinate of a person so involved.

(f) “Grievant” means a person who files a grievance pursuant to this chapter and who meets any of the following descriptions:

(1) An individual with a developmental or intellectual disability who has applied for, been determined to be eligible to receive, or receives services from a regional center or a state-operated facility.

(2) The authorized representative of a person described in paragraph (1).

(3) (A) Any other individual who files a grievance pursuant to this chapter, with the prior written consent of a person described in paragraph (1) or (2), which meets the requirements for the release of information under the Health Insurance Portability and Accountability Act Privacy Rule in Part 164 (commencing with Section 164.102) of Subchapter C of Subtitle A of Title 45 of the Code of Federal Regulations.

(B) A service provider shall not file a grievance that would be a conflict of interest, as established by the department.

(g) “Preferred language” means the language preferred by the grievant.

(h) “Resolution plan” means a written summary of the grievance investigation and actions to be taken by a regional center, service provider, or state-operated facility to address the grievance and includes all of the following:

(1) A general description of the reason for the grievance.

(2) The date the grievance was received.

(3) The date of each grievance review or, if applicable, grievance review meeting.

(4) The resolution of the grievance, as applicable.

(5) The date of resolution of the grievance, if applicable.

(6) The name of the individual with a developmental or intellectual disability who has applied for, been determined to be eligible to receive, or actually receives, services from a regional center or a state-operated facility for whom the grievance was filed.

(i) “Retaliatory action” minimally means an adverse action, threat, intimidation, coercion, or harassment, and as a definition is subject to further development pursuant to paragraph (7) of subdivision (a) of Section 4894.