§ 1752.1. — 1752.1. (Added by Stats. 2022, Ch. 797, Sec. 5.)

California § 1752.1.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 8.5.: CHAPTER 8.5. California Hospice Licensure Act of 1990
• Art. 3.: ARTICLE 3. Enforcement

Text

(a)
Any person may request an investigation of a hospice agency in accordance with this chapter by making a complaint to the department alleging a violation of applicable requirements prescribed by statutes or regulations of this state. A complaint may be made orally or in writing.
(b)
The substance of the complaint shall be provided to the licensee no earlier than at the time of the
investigation. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided to the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the department conducting the investigation or inspection pursuant to this chapter.
(c)
(1)
Upon receipt of a complaint, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite
investigation within 10 business days after receiving the complaint except when the visit would adversely affect the licensing investigation or the investigation of other agencies, including, but not limited to, law enforcement agencies. In either event, the complainant shall be promptly informed of the department’s proposed course of action.
(2)
Prior to conducting an onsite investigation pursuant to this section, the department shall make a good faith effort, documented in writing, to contact and interview the complainant and inform the complainant of the department’s proposed course of action and the relevant deadline for the department to complete its investigation. To the extent practicable, the officer, employee, or agent of the department who will conduct the investigation shall be the
representative who interviews and makes contact with the complainant.
(d)
Within 10 business days of completing the investigation of a complaint and licensee under this section, the department shall notify the complainant in writing of the department’s determination as a result of the investigation.

Legislative History

Added by Stats. 2022, Ch. 797, Sec. 5. (AB 2673) Effective January 1, 2023.