Patients
or family members have a right to address problems they identify in
a facility without fear of discrimination or punishment.
The
purpose of this article is to describe how you can get help if you have
a problem concerning the ESRD care you receive from your dialysis center
or transplant center.
Generally,
when you want help to solve a problem, you should:
-
Make
every attempt to work it out informally with your facility staff.
-
Follow the grievance procedure at your own facility.
-
Carefully
review ESRD Network #17 Statement of Patient Rights and Responsibilities
The Network's
Role
The
Network is a facilitator. It can assist in the resolution of a grievance
by acting as a third party or intermediary between a patient and a facility
or a professional provider.
If
you need help, or information, you can write or call the Network office.
Here are some rules you will have to follow:
-
It
is sometimes beneficial to have you put your issues in writing,
if you make the initial contact by phone, though this is not a requirement.
-
You
may designate anyone you choose as your representative, though you
must designate in writing if you want someone to act in your behalf.
-
You
are not required to use the facility grievance procedure before
contacting the Network, but it is recommended in most cases; however,
if you fear reprisal by your facility, you are free to contact the
Network first.
-
You
can withdraw a grievance at any time.
The
Network will:
-
Keep
your identity confidential and will not release it without your
permission.
-
Send
you a written acknowledgment within 5 days that your complaint has
been received.
-
Respond
in writing if we determine that the problem is not a Network issue,
or is more appropriately handled by another agency.
-
Conclude
our mediation/resolution activities within 90 days of receipt of
the inquiry, and make a written response to you, including results,
agreements and options to follow if you are not satisfied.
-
Keep
statistics on the number and kind of complaints/grievances facilities
have from year to year and help facilities improve, when necessary.
CMS Regional
Office Issues
The
Network cannot handle issues dealing with money, payment of bills,
or State or Federal licensing or certification issues. These are handled
by the CMS Regional office:
If
you live in:
Northern California, Hawaii, Guam, American Samoa, or Saipan (CMS Region
IX)
DHHS,
Region IX, CMS, Providers and Policies
90 7th Street, Suite 5-300 (SW)
San Francisco CA 94103-6707
415.744.3701
Your
identity will be kept confidential throughout the process unless you
specifically authorize a release.
The
Network address is: Western Pacific Renal Network, LLC
505 San Marin Drive - Building A, Suite 300
Novato CA 94945
Network
phone numbers: 415.897.2400 or 1.800.232.3773
Legislative
Authority for this procedure:
Section 9335 of PL 99-509, The Omnibus Reconciliation Act of 1986, (OBRA),
which amended Section 1881 of the Social Security Act relating to ESRD
Networks, and requires that an ESRD Network Organization implement a
procedure for evaluating and resolving patient grievances, and the ESRD
Federal Regulations of June 3, 1976, section 405.2138 which requires
that facilities inform patients of their rights and responsibilities,
including the grievance process.
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505
San Marin Dr. Bldg. A, Suite 300, Novato, CA 94945
Phone: 415-897-2400
Administration Fax: 415-897-2422
Data Fax: 415-897-2443
Toll-free for Patients: 1-800-232-3773