Section 1280 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 3.
1280
. (a) The state department may provide consulting services upon
request to any health facility to assist in the identification or
correction of deficiencies or the upgrading of the quality of care
provided by the health facility.
(b) The state department shall notify the health facility of all
deficiencies in its compliance with this chapter and the rules and
regulations adopted hereunder, and the health facility shall agree
with the state department upon a plan of correction that shall give
the health facility a reasonable time to correct these deficiencies.
If at the end of the allotted time, as revealed by inspection, the
health facility has failed to correct the deficiencies, the director
may take action to revoke or suspend the license.
(c) (1) In addition to subdivision (a), if the health facility is
licensed under subdivision (a), (b), or (f) of Section 1250, and if
the facility fails to implement a plan of correction that has been
agreed upon by both the facility and the state department within a
reasonable time, the state department may order implementation of the
plan of correction previously agreed upon by the facility and the
state department. If the facility and the state department fail to
agree upon a plan of correction within a reasonable time and if the
deficiency poses an immediate and substantial hazard to the health or
safety of patients, then the director may take action to order
implementation of a plan of correction devised by the state
department. The order shall be in writing and shall contain a
statement of the reasons for the order. If the facility does not
agree that the deficiency poses an immediate and substantial hazard
to the health or safety of patients or if the facility believes that
the plan of correction will not correct the hazard, or if the
facility proposes a more efficient or effective means of remedying
the deficiency, the facility may, within 10 days of receiving the
plan of correction from the department, appeal the order to the
director. The director shall review information provided by the
facility, the department, and other affected parties and within a
reasonable time render a decision in writing that shall include a
statement of reasons for the order. During the period which the
director is reviewing the appeal, the order to implement the plan of
correction shall be stayed. The opportunity for appeal provided
pursuant to this subdivision shall not be deemed to be an
adjudicative hearing and is not required to comply with Section
100171.
(2) If any condition within a health facility licensed under
subdivision (a), (b), or (f) of Section 1250 poses an immediate and
substantial hazard to the health or safety of patients, the state
department may order either of the following until the hazardous
condition is corrected:
(A) Reduction in the number of patients.
(B) Closure of the unit or units within the facility that pose the
risk. If the unit to be closed is an emergency room in a designated
facility, as defined in Section 1797.67, the state department shall
notify and coordinate with the local emergency medical services
agency.
(3) The facility may appeal an order pursuant to paragraph (2) by
appealing to the superior court of the county in which the facility
is located.
(4) Paragraph (2) shall not apply to a deficiency for which the
facility was cited prior to January 1, 1994.
(d) Reports on the results of each inspection of a health facility
shall be prepared by the inspector or inspector team and shall be
kept on file in the state department along with the plan of
correction and health facility comments. The inspection report may
include a recommendation for reinspection. Inspection reports of an
intermediate care facility/developmentally disabled habilitative or
an intermediate care facility/developmentally disabled--nursing shall
be provided by the state department to the appropriate regional
center pursuant to Chapter 5 (commencing with Section 4620) of
Division 4.5 of the Welfare and Institutions Code.
(e) All inspection reports and lists of deficiencies shall be open
to public inspection when the state department has received
verification that the health facility has received the report from
the state department. All plans of correction shall be open to public
inspection upon receipt by the state department.
(f) In no event shall the act of providing a plan of correction,
the content of the plan of correction, or the execution of a plan of
correction, be used in any legal action or administrative proceeding
as an admission within the meaning of Sections 1220 to 1227,
inclusive, of the Evidence Code against the health facility, its
licensee, or its personnel.