California § 4894 - Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Ch

§ 4894. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Ch

(a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of written directives or similar instructions, after consultation with individuals, families, caregivers, service providers, regional centers, and advocates. These directives and instructions shall maintain compliance with federal requirements and guidance issued by the federal Centers for Medicare and Medicaid Services and, prior to the adoption of regulations, shall consider all of the following: (1) Procedures for department screening of grievances, including redirection to the appropriate process when a submission is not a grievance, and safeguards to ensure that matters subject to Chapter 7 (commencing with Section 4700) are not improperly diverted from the appeals process. (2) Procedures for identifying grievances involving serious harm, risk of serious harm, and for requiring timely interim action when necessary to protect the health, safety, rights, or community living of the individuals. (3) Standards for access to the grievance case file, including timely access, accessible formats, and identification of information considered, relied upon, or generated in connection with the grievance. (4) Standards for department review of resolution plans, including factors the department shall consider in determining if a resolution plan is appropriate to the grievance. (5) Procedures for corrective action, monitoring, technical assistance, and other actions necessary to address repeated or systemic violations. (6) Standards for identifying and addressing conflicts of interest, including conflicts involving service providers who file or assist with grievances, regional center or state-operated facility staff who review grievances, and department staff who review resolution plans. (7) Standards to implement subdivision (e) of Section 4891, including a definition of retaliation, examples of prohibited retaliation or threats of retaliation, procedures for preventing and responding to retaliation, and interim protections and corrective actions available when retaliation is alleged or substantiated. (8) A definition of good cause for an individual to request review by the department more than 15 days following receipt of a resolution plan pursuant to subdivision (k) of Section 4891. (b) These written directives or similar instructions shall be valid until regulations are adopted, which shall occur no later than January 31, 2030.