§ 1568.082. — 1568.082. (Amended by Stats. 1998, Ch. 311, Sec. 32.)

California § 1568.082.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 3.01.: CHAPTER 3.01. Residential Care Facilities for Persons With Chronic Life-Threatening Illness
• Art. 1.: ARTICLE 1. General Provisions

Text

(a)
The department may suspend or revoke any license issued under this chapter upon any of the following grounds and in the manner provided in this chapter:
(1)
Violation by the licensee of this chapter or of the rules and regulations adopted pursuant to this chapter.
(2)
Aiding, abetting, or permitting the violation of this chapter or of the rules and regulations adopted pursuant to this chapter.
(3)
Conduct which is inimical to the health, welfare, or safety of either an individual in or receiving services from the facility or the people of the State of California.
(4)
The provision of services beyond the level the facility is authorized to provide, or accepting or retaining residents who require services of a higher level than the facility is authorized to provide.
(5)
Engaging in acts of financial malfeasance concerning the operation of a facility, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for personal gain of facility moneys and property, or willful or negligent failure to provide services.
(b)
The director may temporarily suspend any license, prior to any
hearing when, in the opinion of the director, the action is necessary to protect residents of the facility from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The director shall notify the licensee of the temporary suspension and the effective date of the temporary suspension, and at the same time shall serve the provider with an accusation. Upon receipt of a notice of defense to the accusation by the licensee, the director shall, within 15 days, set the matter for hearing, and the hearing shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the time the hearing is completed and the director has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the director fails to make a final determination on the merits within 30 days after the original hearing has been completed.
(c)
In any case where the department orders the licensee to remove a resident who has a health condition or health conditions which cannot be cared for within the limits of the license or special permit or requires inpatient care in a health facility licensed pursuant to Chapter 2 (commencing with Section 1250), the licensee shall do all of the following:
(1)
Prepare and submit to the department a written plan for relocation of the client or resident, in a form acceptable to the department.
(2)
Comply with all terms and conditions of the approved relocation plan.
(3)
Provide any other information as may be required by the department for the proper administration and enforcement of this section.

Legislative History

Amended by Stats. 1998, Ch. 311, Sec. 32. Effective August 19, 1998.