§ 864 - Complaint Procedure

Complaint Procedure

This California regulation establishes a formal complaint procedure for patients and residents who believe their rights have been abused, withheld, or unreasonably denied. Facilities must post or provide notice of the right to file a complaint with a designated Patients'/Residents' Advocate, who must investigate and attempt resolution within two working days. Unresolved complaints escalate to the local mental health director or regional center director, and ultimately to the state Department of Health's Patients' Rights Specialist. The procedure applies to mental health and developmental disabilities programs but explicitly excludes state mental health hospitals.

Cal. Code Regs. Tit. 9, § 864 - Complaint Procedure 

 State Regulations 

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(a)
 The list of rights that shall be posted,
 provided, or explained to the patient/resident pursuant to Section
 
862
 shall contain:
 
(1)
 Notification that any patient/resident
 who believes a right of his/hers has been abused, punitively withheld, or
 unreasonably denied may file a complaint with the Patients'/Residents'
 Advocate.

(2)
 The name of the
 Patients'/Residents' Advocate who has been assigned to handle such complaints,
 his telephone number, and the times during which he may be
 contacted.

(b)
 When a
 complaint is received by the Patients'/Residents' Advocate he shall, within two
 working days, take action to investigate and resolve it.

(c)
 If the complainant expresses
 dissatisfaction with the action taken, the matter shall be referred, within
 five working days, to the local mental health director if the complaint
 originated in the mental disabilities program or to the regional center
 director if the complaint originated in the developmental disabilities
 program.

(d)
 If the complaint
 cannot be satisfactorily resolved by the local mental health director or by the
 regional center director within ten working days, it shall be referred to the
 Patients' Rights Specialist, Department of Health, whose responsibility it
 shall be to make a decision in the case. Appeal from the decision of the
 Patients' Rights Specialist may be made to the Director of State Department of
 Health, or his designee.

(e)
 This
 section shall not apply to state mental health hospitals. The complaint
 procedures for Lanterman-Petris-Short individual patients in state mental
 health hospitals shall be the same as those that apply to Non-LPS patients as
 set forth in Title 9, California Code of Regulations Section
 
885
.

Notes

Cal. Code
 Regs. Tit. 
9
, §
 
864

1. New
 subsection (e) and NOTE filed 8-9-2010; operative 8-9-2010 pursuant to
 Government Code section
 
11343.4

 (Register 2010, No. 33).

Note: Authority cited: Sections
 
4005.1
,
 
4027

 and
 
4101
,
 Welfare and Institutions Code. Reference: Section
 
4027
,
 Welfare and Institutions Code.

 1. New subsection (e)
 and Note filed 8-9-2010; operative 8-9-2010 pursuant to Government Code section
 
11343.4

 (Register 2010, No. 33).

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