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Summary:

(a) Health care service plans must provide a grievance system for enrollees. The plan must maintain a log of the grievances, including the date, name of complainant, member ID, and nature of the grievance and resolution. The plan must maintain in its files all grievances and responses for five years. (b) After 30 days of participation in the insurance plan's grievance process, enrollees can submit their grievance to the Department of Managed Health Care for review. The department may refer any grievance that does not pertain to compliance with this chapter to the State Department of Public Health, the California Department of Aging, the federal Health Care Financing Administration, or any other appropriate governmental entity for investigation and resolution. If the subscriber or enrollee is a minor, or incompetent or incapacitated, the parent, guardian, conservator, relative, or other designee of the subscriber/enrollee, may submit the grievance to the department as the subscriber/enrollee's agent. The department must send written notice of the final disposition of the grievance to the enrollee within 30 days of receipt of the request for review, unless the director determines that additional time is reasonably necessary to fully evaluate the grievance. (c) The plan's grievance system shall include a system of aging of grievances that are pending and unresolved for 30 days or more. The plan shall provide a quarterly report to the Director of the Department of Managed Health Care about such pending/unresolved grievances, with separate categories of grievances for Medicare enrollees and Medi-Cal enrollees. The plan shall include with the report a brief explanation of the reasons each grievance is pending and unresolved for 30 days or more.

Summary:

The medical director of each state hospital for the mentally disordered must make a roster of the gravely disabled persons within the institution. Officer in charge of investigating conservatorships within a county shall be provided with the names and pertinent records of patients to be provided conservatorship investigation.

Summary:

The medical director should immediately forward the records of patients voluntarily admitted to a state hospital for mental disorder or developmental disability to the State Department of Mental Health or the State Department of Developmental services.

Summary:

Noncounty hospitals receiving funds pursuant to 16946(b)(1), must report to the county within 30 days of receiving the funds, information on patients for whom the funds were used pursuant to 16918.

Summary:

Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, information and records shall be disclosed to county patients' rights advocates who have been given knowing voluntary authorization by a client or a guardian ad litem. The client or guardian ad litem, whoever entered into the agreement, may revoke the authorization at any time, either in writing or by oral declaration to an approved advocate.

Summary:

Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, information and records shall be disclosed to a law enforcement officer who personally lodges with a facility (i.e. a state hospital, general acute care hospital, acute psychiatric hospital, psychiatric health facility, mental health rehabilitation center, skilled nursing facility with a special treatment program for chronically mentally disordered patients), regarding a warrant of arrest or an abstract of such a warrant showing that the person sought is wanted for a serious or violent felony. The information sought and released shall be limited to whether or not the person named in the arrest warrant is presently confined in the facility.

Summary:

Consent forms for release of any information signed by the patient and for which patient consent is required must be obtained for each separate use. The form should indicate the use of information, the information to be released, to whom the information was released, and the name of the person authorized to release the information. The use of the form should be noted in the patient file and consenting patients should be given a copy of the consent form.

Summary:

County patients' rights advocates have the right to inspect and/or copy any non-confidential records or other materials in the possession of any mental health program, services, facility, or agency in relation to a investigation on the behalf of a client for compliance with laws governing patients' rights.

Summary:

Any written mental health client information acquired by patients' rights advocates may be used and disseminated in court and administrative hearings and to any public agencies or their authorized officials to the extent necessary to provide advocacy services and to the extent that authority to disclose is obtained from the advocate's clients.

Summary:

This chapter does not limit access to recipients of mental health services or to their information or records for the purposes of 5520 or when otherwise authorized to county patients' rights advocates or other individuals.

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