CHAPTER 11. State Ombudsman [9700. - 9745.]

Chapter 11 added by Stats. 1996, Ch. 1097, Sec. 13.

§§ 9700–9745 · 32 sections

1. ARTICLE 1. Legislative Intent and Definitions §§ 9700–9701 · 2 sections

   • § 9700 (a) The Legislature recognizes that the department, pursuant to a grant from the federal government, has established a Long-Term Care Ombudsman Program. (b)…
   • § 9701 Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the interpretation of this chapter: (a) “Approved…
2. ARTICLE 2. General Provisions §§ 9710–9719.5 · 16 sections

   • § 9710 There is within the department an Office of the State Long-Term Care Ombudsman.
   • § 9710.5 (a) The Legislature finds and declares as follows: (1) The Office of the State Long-Term Care Ombudsman has an extremely important role in protecting and…
   • § 9711 (a) The office shall be under the direction of a chief executive officer who shall be known as the State Long-Term Care Ombudsman. The State Ombudsman shall be…
   • § 9712 (a) The office shall be headed by an individual, to be known as the State Long-Term Care Ombudsman, who shall meet the qualifications established by the…
   • § 9712.5 The State Ombudsman shall, personally or through representatives of the office, do all of the following: (a) (1) Identify, investigate, and resolve complaints…
   • § 9713 (a) Upon request of the office, the Attorney General shall represent the office or the department and the state in litigation concerning affairs of the office,…
   • § 9714 The office shall solicit and receive funds, gifts, and contributions to support the operations and programs of the office. The office shall not solicit or…
   • § 9714.5 (a) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office and the operations…
   • § 9715 (a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter. (b) No discriminatory,…
   • § 9716 (a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources to meet the long-term care needs of…
   • § 9716.11 (a) The Office of the State Long-Term Care Ombudsman shall maintain an Internet Web presence. (b) The Internet Web site shall be easily found and prominent on…
   • § 9717 (a) All advocacy programs and any programs similar in nature to the Long-Term Care Ombudsman Program that receive funding or official designation from the…
   • § 9718 Every long-term care facility, as defined in subdivision (b) of Section 9701, shall post in a conspicuous location a notice of the name, address, and phone…
   • § 9718.5 (a) (1) Except as provided in paragraph (2), a skilled nursing facility or residential care facility shall not, under any circumstances, deny entry to a…
   • § 9719 (a) (1) The office shall sponsor a training of representatives of approved organizations at least twice each year. The office shall provide training to these…
   • § 9719.5 (a) (1) The department shall allocate all federal and state funds for local ombudsman programs according to the following distribution, but shall not allocate…
3. ARTICLE 3. Investigation and Resolution of Complaints §§ 9720.5–9726.1 · 8 sections

   • § 9720.5 The office shall give priority to investigations and complaint resolutions in 24-hour long-term care facilities.
   • § 9721 (a) The office may refer any complaint to any appropriate state or local government agency. The following state licensing authorities shall give priority to…
   • § 9722 (a) Representatives of the office shall have the right to enter long-term care facilities and to unescorted, unhindered movement within them for the purposes…
   • § 9723 The State Ombudsman shall have access to any record of a state or local government agency that is necessary to carry out his or her responsibilities under this…
   • § 9724 Notwithstanding Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code, in order for the office to carry out its responsibilities under this…
   • § 9725 All records and files of the office relating to any complaint or investigation made pursuant to this chapter and the identities of complainants, witnesses,…
   • § 9726 (a) The office shall establish a toll-free telephone hotline to receive telephone calls concerning any crises discovered by any person in a long-term care…
   • § 9726.1 (a) The office and approved organizations may do any of the following: (1) Advise the public of any inspection report, statements of deficiency, and plans of…
4. ARTICLE 4. Enforcement §§ 9730–9732 · 3 sections

   • § 9730 Anyone who willfully interferes with any lawful action of the office shall be immediately referred to the appropriate licensing authority, which shall respond…
   • § 9731 Notwithstanding the availability of statutory damages, this chapter shall not be construed to limit the ability of a court to issue equitable relief where the…
   • § 9732 (a) Any person who willfully interferes with any lawful action of the office shall be subject to a civil penalty of no more than two thousand five hundred…
5. ARTICLE 5. Advisory Council §§ 9740–9741 · 2 sections

   • § 9740 (a) The department shall establish an 11-member advisory council for the office. Members of the council shall be appointed by the director, and shall consist…
   • § 9741 At least 30 days prior to the designation of a new organization or agency as an approved organization, the department shall notify the advisory council for the…
6. ARTICLE 6. Regulations § 9745 · 1 section

   • § 9745 The department shall adopt regulations to implement this chapter in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section…