Section 1416.64 Of Article 5. Enforcement From California Health And Safety Code >> Division 2. >> Chapter 2.35. >> Article 5.
1416.64
. (a) The program shall maintain a record of enforcement
actions reported to the program, pursuant to Section 1416.12. The
program shall routinely review the citation logs and files of nursing
home administrators whose facilities have received citations from
the department to determine if remedial or disciplinary action
against the administrator is warranted based on the administrator's
involvement or culpability in the citations. Regardless of the
facility's performance record, the program may initiate disciplinary
action against an administrator who violates any statute or
regulation governing licensed nursing home administrators.
(b) Following receipt of reports on temporary suspension orders,
service of an accusation for facility license revocations, or final
decertification of a facility from participation in the Medi-Cal or
Medicare programs, due to failure to meet certification standards,
the program shall make a determination as to whether the evidence
available warrants remedial or disciplinary action against the
administrator or constitutes grounds for denial, suspension, or
revocation pursuant to Section 1416.76.
(c) If the program determines that action against the
administrator is not warranted, the program shall document in the
file the reasons and specific circumstances for not taking remedial
or disciplinary action against the administrator's license.
(d) The program shall consider all of the following prior to
making a determination to initiate disciplinary action:
(1) Any information provided to the program by the administrator
pursuant to this section.
(2) Whether the administrator was in fact the designated
administrator of the facility when the violation occurred, or the
designated administrator of the facility during the period of time
the citation covered.
(3) Whether the administrator should have or could have prevented
the violation or violations that occurred.
(e) Prior to making a final determination to initiate action
against an administrator, the program shall notify the administrator
that the program is considering action and provide the administrator
with an opportunity to show just cause why remedial or disciplinary
action should not be initiated.
(f) If the program determines that grounds for remedial or
disciplinary action exist, the program may initiate either or both of
the following actions, as warranted:
(1) Remedial action, including, but not limited to, a conference
with the administrator, a letter of warning, or both.
(2) Disciplinary action, including, but not limited to, citations,
fines, formal letters of reprimand, probation, denial, suspension,
revocation of the administrator's license, or any combination of
these actions.