Section 7400 - Grievance Process-General(a) Each AAA shall: (1) Establish a written grievance process for the disposition of complaints by older individuals or persons authorized to act on behalf of older individuals against the AAA's programs and employees or volunteers of such programs. The process shall meet the conditions specified in this article.(2) Include a requirement in all of its contracts and subgrant agreements with service providers that the service providers must establish a written grievance process for reviewing and attempting to resolve complaints of older individuals. At a minimum the process shall include all of the following: (A) Time frames within which a complaint will be acted upon.(B) Written notification to the complainant of the results of the review, including a statement that the complainant may appeal to the AAA if dissatisfied with the results of the service provider's review.(C) Confidentiality provisions to protect the complainant's rights to privacy. Only information relevant to the complaint may be released to the responding party without the older individual's consent.(3) Require service providers to notify all older individuals of the grievance process, both through the service provider and the AAA, available to them by: (A) Posting notification of the process in visible and accessible areas, such as the bulletin boards in multipurpose senior centers. For areas in which a substantial number of older individuals are non-English speaking, the notification shall also be posted in the primary language of a significant number of older individuals. "Substantial number" and "significant number" shall be determined by the AAA.(B) Advising homebound older individuals of the process either orally or in writing upon the service providers' contact with the individuals.(b) Complaints may involve, but not be limited to, any or all of the following: (1) Amount or duration of a service.(2) Denial or discontinuance of a service.(3) Dissatisfaction with the service being provided or with the service provider. If the complaint involves an issue of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity.(4) Failure of the service provider to comply with any of the requirements set forth in the Department's regulations or in the contract or subgrant agreement with the AAA.(c) The grievance process established by each AAA shall be both:(1) Formally adopted by the AAA's governing board.(2) Distributed to both of the following: (A) All service providers within the PSA.(B) Organizations and locations where older individuals congregate.(d) Nothing in this article shall be construed as prohibiting older individuals from seeking other available remedies, such as presenting their complaints at an open meeting of the AAA's governing board.Cal. Code Regs. Tit. 22, § 7400
1. New Chapter 3, article 5 and section filed 1-29-96; operative 2-28-96 (Register 96, No. 5).
2. Editorial correction providing correct placement of Chapter 3 heading above section 7200 (Register 96, No. 20).
3. Change without regulatory effect amending NOTE filed 2-10-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 7). Note: Authority cited: Sections 9102 and 9105, Welfare and Institutions Code. Reference 42 U.S.C. 3026(a) (6) (P) and 3027 (a) (43).
1. New Chapter 3, article 5 and section filed 1-29-96; operative 2-28-96 (Register 96, No. 5).
2. Editorial correction providing correct placement of Chapter 3 heading above section 7200 (Register 96, No. 20).
3. Change without regulatory effect amending Note filed 2-10-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 7).