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Summary:

If the medical examination and competent medical opinion show that a state service member is incapacitated physically or mentally and is eligible to retire for disability, the Board of Administration of the Public Employees' Retirement System shall immediately retire the member for disability, unless the member can be retired for service.

Summary:

Sheriffs may release severely incapacitated prisoners to other facilities upon notifying a judge of the details of the prisoner's medical condition.

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:

This section sets out the requirements for obtaining informed consent required for medical experiments in cases of incapacitated subjects. If a person is unable to consent and does not express dissent or resistance to participation, surrogate informed consent may be obtained from a surrogate decision maker (as defined) with reasonable knowledge of the subject.

Summary:

(e) (1) Notwithstanding any other law and consistent with paragraph (1) of subdivision (a), if the secretary or the Board of Parole Hearings or both determine that a prisoner satisfies the criteria set forth in paragraph (2), the secretary or the board may recommend to the court that the prisoner's sentence be recalled. (2) The court shall have the discretion to resentence or recall if the court finds that the facts described in subparagraphs (A) and (B) or subparagraphs (B) and (C) exist: (A) The prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within six months, as determined by a physician employed by the department. (B) The conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. (C) The prisoner is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour total care, including, but not limited to, coma, persistent vegetative state, brain death, ventilator-dependency, loss of control of muscular or neurological function, and that incapacitation did not exist at the time of the original sentencing. The Board of Parole Hearings shall make findings pursuant to this subdivision before making a recommendation for resentence or recall to the court. This subdivision does not apply to a prisoner sentenced to death or a term of life without the possibility of parole. (3) Within 10 days of receipt of a positive recommendation by the secretary or the board, the court shall hold a hearing to consider whether the prisoner's sentence should be recalled. (4) Any physician employed by the department who determines that a prisoner has six months or less to live shall notify the chief medical officer of the prognosis. If the chief medical officer concurs with the prognosis, he or she shall notify the warden. Within 48 hours of receiving notification, the warden or the warden's representative shall notify the prisoner of the recall and resentencing procedures, and shall arrange for the prisoner to designate a family member or other outside agent to be notified as to the prisoner's medical condition and prognosis, and as to the recall and resentencing procedures. If the inmate is deemed mentally unfit, the warden or the warden's representative shall contact the inmate's emergency contact and provide the information described in paragraph (2). (5) The warden or the warden's representative shall provide the prisoner and his or her family member, agent, or emergency contact, as described in paragraph (4), updated information throughout the recall and resentencing process with regard to the prisoner's medical condition and the status of the prisoner's recall and resentencing proceedings. . . . (7) Any recommendation for recall submitted to the court by the secretary or the Board of Parole Hearings shall include one or more medical evaluations, a postrelease plan, and findings pursuant to paragraph (2). . . . (9) If the court grants the recall and resentencing application, the prisoner shall be released by the department within 48 hours of receipt of the court's order, unless a longer time period is agreed to by the inmate. At the time of release, the warden or the warden's representative shall ensure that the prisoner has each of the following in his or her possession: a discharge medical summary, full medical records, state identification, parole medications, and all property belonging to the prisoner. After discharge, any additional records shall be sent to the prisoner's forwarding address.

Summary:

Except for prisoners sentenced to death or life in prison without possibility of parole, any prisoner who the head physician determines to be permanently medically incapacitated and necessitating 24 hour care, and the incapacitation was not present at the time of sentencing, shall be granted medical parole if the Board of Parole Hearings finds it to be safe. In cases where the prisoner’s primary care physician or family recommends or requests that the prisoner be considered for medical parole due to being permanently medically incapacitated, the head physician shall either refer the matter to the Board of Parole Hearings within 30 days or provide the primary care physician or family member with a written explanation of the reasons for denying it. The Department of Corrections and Rehabilitation shall complete parole plans that include the inmate's plan for residency and medical care. The Board of Parole Hearings shall make an independent judgment (with written findings) regarding whether the inmate would pose a threat to public safety. As a condition of medical parole, a prisoner might be required to submit to a medical examination, the results of which will be reported to the Board. The Department shall ensure that any medical parolee has in his or her possession medical discharge papers, full medical record, and access to prescriptions. Any additional records shall be sent to the prisoner's forwarding address after release to health care-related parole supervision. The Department of Corrections and Rehabilitation must give notice of any medical parole hearing and any medical parole release to the county of commitment, and the county of proposed release, at least 30 days (or as soon as feasible) prior to a medical parole hearing or a medical parole release.

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