CHAPTER 2.4. Quality of Long-Term Health Facilities [1417. - 1439.9.]

Chapter 2.4 added by Stats. 1973, Ch. 1057.

§§ 1417–1439.9 · 64 sections

§ 1417 This chapter shall be known and may be cited as the Long-Term Care, Health, Safety, and Security Act of 1973.
§ 1417.1 It is the intent of the Legislature in enacting this chapter to establish (1) a citation system for the imposition of prompt and effective civil sanctions…
§ 1417.15 (a) (1) If one or more of the following remedies is actually imposed for violation of state or federal requirements, the long-term health care facility shall…
§ 1417.2 (a) Notwithstanding Section 1428, moneys collected as a result of state and federal civil penalties imposed under this chapter or federal law shall be…
§ 1417.3 The department shall promote quality of care and quality of life for residents, clients, and patients in long-term health care facility services through…
§ 1417.4 (a) There is hereby established in the state department the Quality Awards Program for nursing homes. (b) The department shall establish criteria under the…
§ 1418 As used in this chapter: (a) “Long-term health care facility” means any facility licensed pursuant to Chapter 2 (commencing with Section 1250) that is any of…
§ 1418.1 (a) Any person receiving respite care services shall be permitted to bring medications to the skilled nursing facility or intermediate care facility if the…
§ 1418.2 (a) Every facility licensed pursuant to subdivisions (c), (d), (e), and (g) of Section 1250 and every skilled nursing facility licensed separately under…
§ 1418.21 (a) A skilled nursing facility that has been certified for purposes of Medicare or Medicaid shall post the overall facility rating information determined by…
§ 1418.22 (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in…
§ 1418.23 (a) The Legislature finds and declares that it is the public policy of this state to ensure the health and safety of highly vulnerable persons residing in…
§ 1418.3 (a) Each licensed skilled nursing facility shall, when requested by a member of a patient’s family, allow the family to meet privately with a family member who…
§ 1418.4 (a) A licensed skilled nursing facility or intermediate care facility shall not prohibit the formation of a family council. If requested by a member of the…
§ 1418.5 No regulation adopted with respect to skilled nursing facilities or intermediate care facilities shall prohibit patients in the facility from storing…
§ 1418.6 No long-term health care facility shall accept or retain any patient for whom it cannot provide adequate care.
§ 1418.7 (a) Long-term health care facilities, as defined in Section 1418, shall develop and implement policies and procedures designed to reduce theft and loss. (b)…
§ 1418.8 (a) If the attending physician and surgeon of a resident in a skilled nursing facility or intermediate care facility prescribes or orders a medical… see note
§ 1418.81 (a) In order to assure the provision of quality patient care and as part of the planning for that quality patient care, commencing at the time of admission, a…
§ 1418.9 (a) If the attending physician and surgeon of a resident in a skilled nursing facility prescribes, orders, or increases an order for an antipsychotic…
§ 1418.91 (a) A long-term health care facility shall report all incidents of alleged abuse or suspected abuse of a resident of the facility to the department…
§ 1419 (a) The department shall establish a centralized consumer response unit within the Licensing and Certification Division of the department to respond to…
§ 1420 (a) (1) Upon receipt of a written or oral complaint, the state department shall assign an inspector to make a preliminary review of the complaint and shall…
§ 1421 (a) Any duly authorized officer, employee, or agent of the state department may enter and inspect any long-term health care facility, including, but not…
§ 1421.1 (a) Within 24 hours of the occurrence of any of the events specified in subdivision (b), the licensee of a skilled nursing facility shall notify the department…
§ 1421.5 (a) (1) Within 24 hours of the filing of a bankruptcy petition under Title 11 of the United States Code or any other laws of the United States, by any person…
§ 1422 (a) The Legislature finds and declares that it is the public policy of this state to ensure that long-term health care facilities provide the highest level of…
§ 1422.1 (a) Notwithstanding Section 1422, the State Department of Public Health shall conduct, when feasible, annual licensing inspections of licensed long-term health…
§ 1422.5 (a) The department shall develop and establish a consumer information service system to provide updated and accurate information to the general public and…
§ 1422.6 Each skilled nursing facility and intermediate care facility shall post a copy of the notice required pursuant to Section 9718 of the Welfare and Institutions…
§ 1422.65 (a) Prior to or at the time of admission, a skilled nursing facility, as defined in subdivision (c) of Section 1250, or an intermediate care facility, as…
§ 1422.7 The state department shall provide the office, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code, with copies of inspection…
§ 1423 (a) If upon inspection or investigation the director determines that a nursing facility is in violation of any state or federal law or regulation relating to…
§ 1423.5 (a) The state department shall centrally review federal deficiencies and supporting documentation that may require the termination of certification for a…
§ 1424 Citations issued pursuant to this chapter shall be classified according to the nature of the violation and shall indicate the classification on the face…
§ 1424.1 (a) On and after the effective date of this section, no citation shall be issued or sustained under this chapter for a violation of any regulation discovered…
§ 1424.3 (a) (1) Beginning January 1, 2023, if a licensee provider fails to pay a penalty assessed pursuant to Section 1424.5 or 1425 in full when all appeals have been…
§ 1424.5 (a) In lieu of the fines specified in subdivisions (c), (d), (e), and (g) of Section 1424, fines imposed on skilled nursing facilities or intermediate care…
§ 1424.6 Failure by a developmental center to report incidents as required under subdivision (a) of Section 4427.5 of the Welfare and Institutions Code shall be deemed…
§ 1425 Where a licensee has failed to correct a violation within the time specified in the citation, the state department shall assess the licensee a civil penalty in…
§ 1426 After consultation with industry, professional, and consumer groups affected thereby, but not later than three months after the effective date of this chapter,…
§ 1427 (a) When the administration of medications, treatments, or other care is not recorded, as required by law, in the health care record for a patient of a…
§ 1428 (a) If the licensee desires to contest a citation or the proposed assessment of a civil penalty therefor, the licensee shall use the processes described in…
§ 1428.1 Except as provided in subdivision (b) of Section 1424.5, a licensee may, in lieu of contesting a citation pursuant to Section 1428, transmit to the state…
§ 1428.2 In the case of a class “A” or class “AA” citation issued to a long-term health care facility which is appealed, the citation shall expire and have no further…
§ 1429 (a) Each class “AA” and class “A” citation specified in subdivisions (c) and (d) of Section 1424 that is issued, or a copy or copies thereof, shall be…
§ 1429.1 (a) If a long-term health care facility licensed as a skilled nursing facility or an intermediate care facility, as defined in paragraphs (1) and (2) of…
§ 1430 (a) Except when the state department has taken action and the violations have been corrected to its satisfaction, a licensee who commits a class “A” or “B”…
§ 1431 It is a misdemeanor for any person to do any of the following: (a) Willfully prevent, interfere with, or attempt to impede in any way the work of any duly…
§ 1432 (a) No licensee shall discriminate or retaliate in any manner against any complainant, or any patient or employee in its long-term health care facility, on the…
§ 1432.1 No licensee shall be cited for any violation caused by any person licensed pursuant to the Medical Practice Act (Chapter 5 (commencing with Section 2000) of…
§ 1433 The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the…
§ 1434 Commencing in 1974, the state department shall, on or before February 1 of each year, notify all public agencies which refer patients to long-term health care…
§ 1436 On or before July 1, 1974, the state department shall provide for additional and ongoing training for inspectors charged with implementation of this chapter in…
§ 1437 If a health facility, or an applicant for a license has not been previously licensed pursuant to Chapter 2 (commencing with Section 1250), the state department…
§ 1437.5 (a) If a facility is certified to participate in the federal Medicare program as a skilled nursing facility under Title XVIII of the Social Security Act, in…
§ 1438 The state department shall review the effectiveness of the enforcement system in maintaining the quality of care provided by long-term health care facilities…
§ 1439 Any writing received, owned, used, or retained by the state department in connection with the provisions of this chapter is a public record within the meaning…
§ 1439.2 Every long-term health care facility shall provide an activity program to the residents of the facility to meet the needs and interests of the residents and to…
§ 1439.5 (a) The state department shall undertake the immediate development, implementation, and maintenance of an automated information system. The automated…
§ 1439.6 (a) Except as provided in subdivision (b), if a resident is notified in writing of a facility-initiated transfer or discharge from a long-term health care…
§ 1439.7 Notwithstanding Section 14124.7 of the Welfare and Institutions Code, a long-term health care facility participating as a provider under the Medi-Cal program…
§ 1439.8 Every long-term health care facility shall reveal to applicants for admission, or their designated representatives, orally and in writing, and prior to…
§ 1439.9 (a) A skilled nursing facility, as defined in subdivision (c) of Section 1250, participating as a provider under the Medi-Cal program shall make publicly…