Section 1419 Of Chapter 2.4. Quality Of Long-term Health Facilities From California Health And Safety Code >> Division 2. >> Chapter 2.4.
1419
. (a) The department shall establish a centralized consumer
response unit within the Licensing and Certification Division of the
department to respond to consumer inquiries and complaints.
(b) Upon receipt of consumer inquiries, the unit shall offer
assistance to consumers in resolving concerns about the quality of
care and the quality of life in long-term health care facilities.
This assistance may include, but shall not be limited to, all of
the following:
(1) Offering to provide to consumers education and information
about state licensing and federal certification standards, resident
rights, name and address of facilities, referral to other entities as
appropriate, and facility compliance history.
(2) Offering to participate in telephone conference calls between
consumers and providers to resolve concerns within the scope of the
authority of the department. If the inquiry or concern is determined
to warrant an onsite investigation, the inquiry or concern shall be
considered a complaint and handled pursuant to the complaint
investigation process set forth in Section 1420.
(3) Initiating onsite investigations in response to oral or
written complaints made pursuant to this section if the unit
determines that there is a reasonable basis to believe that the
allegations in the complaints describe one or more violations of
state law by a long-term care facility.
(c) Nothing in subdivision (a) or (b) shall preclude the
department from taking any or all enforcement actions available under
state or federal law.
(d) Any person may request an inspection of any long-term health
care facility in accordance with this chapter by giving to the
department oral or written notice of an alleged violation of
applicable requirements of state law. Any written notice may be
signed by the complainant setting forth with reasonable particularity
the matters complained of. Oral notice may be made by telephone or
personal visit. Any oral complaint shall be reduced to writing by the
department. The substance of the complaint shall be provided to the
licensee no earlier than at the commencement of the inspection.
(e) Neither the substance of the complaint provided the licensee
nor any copy of the complaint or record published, released, or
otherwise made available to the licensee shall disclose the name of
any individual complainant or other person mentioned in the
complaint, except the name or names of any duly authorized officer,
employee, or agent of the state department conducting the
investigation or inspection pursuant to this chapter, unless the
complainant specifically requests the release of the name or names or
the matter results in a judicial proceeding.