§ 14574.1. — 14574.1. (Amended by Stats. 2004, Ch. 797, Sec. 5.)

(a)
Every adult day health care center shall be periodically inspected and evaluated for quality of care by a representative or representatives designated by the director, unless otherwise specified in the interagency agreement entered into pursuant to Section 1572 of the Health and Safety Code. Inspections shall be conducted prior to the expiration of certification, but at least every two years, and as often as necessary to ensure the quality of care being provided. As resources permit, an inspection may be conducted prior to, as well as within, the first 90 days of operation.
(b)
If, as a result of the inspection, the department or the California Department of Aging, as specified in the interagency agreement, determines that the adult day health care center has serious deficiencies that pose a risk to the health and safety of the participants, the department or the California Department of Aging, as specified in the interagency agreement, may immediately take any of the following actions, including, but not limited to:
(1)
Require a plan of correction, including as requested, a program plan pursuant to Section 14552.2.
(2)
Limit participant enrollment.
(3)
Prohibit new participant enrollment.
(c)
The provider shall have the right to dispute an action taken under paragraphs (2) and (3) of subdivision (b). The department or the California Department of Aging, as specified in the interagency agreement, shall accept, consider, and resolve disputes filed pursuant to this subdivision in a timely manner. The dispute resolution process shall be determined by the California Department of Aging in consultation with the department.
(d)
The director shall ensure that public records accurately reflect the current status of any potential actions including the resolution of disputes.

Legislative History

Amended by Stats. 2004, Ch. 797, Sec. 5. Effective January 1, 2005.