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 notify the complainant within two
working days of the receipt of the complaint of the name of the
inspector. Unless the state department determines that the complaint
is willfully intended to harass a licensee or is without any
reasonable basis, it shall make an onsite inspection or investigation
within 10 working days of the receipt of the complaint. In any case
in which the complaint involves a threat of imminent danger of death
or serious bodily harm, the state department shall make an onsite
inspection or investigation within 24 hours of the receipt of the
complaint. In any event, the complainant shall be promptly informed
of the state department's proposed course of action and of the
opportunity to accompany the inspector on the inspection or
investigation of the facility. Upon the request of either the
complainant or the state department, the complainant or his or her
representative, or both, may be allowed to accompany the inspector to
the site of the alleged violations during his or her tour of the
facility, unless the inspector determines that the privacy of any
patient would be violated thereby.
(2) When conducting an onsite inspection or investigation pursuant
to this section, the state department shall collect and evaluate all
available evidence and may issue a citation based upon, but not
limited to, all of the following:
(A) Observed conditions.
(B) Statements of witnesses.
(C) Facility records.
(3) (A) For a complaint that involves a threat of imminent danger
of death or serious bodily harm that is received on or after July 1,
2016, the state department shall complete an investigation of the
complaint within 90 days of receipt of the complaint. At the
completion of the complaint investigation, the state department shall
notify the complainant and licensee in writing of the state
department's determination as a result of the inspection or
investigation.
(B) The time period described in subparagraph (A) may be extended
up to an additional 60 days if the investigation cannot be completed
due to extenuating circumstances. The state department shall document
these circumstances in its final determination and notify the
facility and the complainant in writing of the basis for the
extension and the estimated completion date.
(4) (A) For a complaint that does not involve a threat of imminent
danger of death or serious bodily harm pursuant to paragraph (3) and
that is received on or after July 1, 2017, and prior to July 1,
2018, the state department shall complete an investigation of the
complaint within 90 days of receipt of the complaint. At the
completion of the complaint investigation, the state department shall
notify the complainant and licensee in writing of the state
department's determination as a result of the inspection or
investigation.
(B) The time period described in subparagraph (A) may be extended
up to an additional 90 days if the investigation cannot be completed
due to extenuating circumstances. The state department shall document
these circumstances in its final determination and notify the
facility and the complainant in writing of the basis for the
extension and the estimated completion date.
(5) (A) For a complaint that is received on or after July 1, 2018,
the state department shall complete an investigation of the
complaint within 60 days of receipt of the complaint. At the
completion of the complaint investigation, the state department shall
notify the complainant and licensee in writing of the state
department's determination as a result of the inspection or
investigation.
(B) The time period described in subparagraph (A) may be extended
up to an additional 60 days if the investigation cannot be completed
due to extenuating circumstances. The state department shall document
these circumstances in its final determination and notify the
facility and the complainant in writing of the basis for the
extension and the estimated completion date.
(b) Upon being notified of the state department's determination as
a result of the inspection or investigation, a complainant who is
dissatisfied with the state department's determination, regarding a
matter which would pose a threat to the health, safety, security,
welfare, or rights of a resident, shall be notified by the state
department of the right to an informal conference, as set forth in
this section. The complainant may, within five business days after
receipt of the notice, notify the director in writing of his or her
request for an informal conference. The informal conference shall be
held with the designee of the director for the county in which the
long-term health care facility which is the subject of the complaint
is located. The long-term health care facility may participate as a
party in this informal conference. The director's designee shall
notify the complainant and licensee of his or her determination
within 10 working days after the informal conference and shall
apprise the complainant and licensee in writing of the appeal rights
provided in subdivision (c).
(c) If the complainant is dissatisfied with the determination of
the director's designee in the county in which the facility is
located, the complainant may, within 15 days after receipt of this
determination, notify in writing the Deputy Director of the Licensing
and Certification Division of the state department, who shall assign
the request to a representative of the Complainant Appeals Unit for
review of the facts that led to both determinations. As a part of the
Complainant Appeals Unit's independent investigation, and at the
request of the complainant, the representative shall interview the
complainant in the district office where the complaint was initially
referred. Based upon this review, the Deputy Director of the
Licensing and Certification Division of the state department shall
make his or her own determination and notify the complainant and the
facility within 30 days.
(d) Any citation issued as a result of a conference or review
provided for in subdivision (b) or (c) shall be issued and served
upon the facility within 30 days of the final determination. Service
shall be effected either personally or by registered or certified
mail. A copy of the citation shall also be sent to each complainant
by registered or certified mail.
(e) A miniexit conference shall be held with the administrator or
his or her representative upon leaving the facility at the completion
of the investigation to inform him or her of the status of the
investigation. The state department shall also state the items of
noncompliance and compliance found as a result of a complaint and
those items found to be in compliance, provided the disclosure
maintains the anonymity of the complainant. In any matter in which
there is a reasonable probability that the identity of the
complainant will not remain anonymous, the state department shall
also notify the facility that it is unlawful to discriminate or seek
retaliation against a resident, employee, or complainant.
(f) Any citation issued as a result of the complaint investigation
provided for in paragraph (3), (4), or (5) of subdivision (a), and
in compliance with Section 1423, shall be issued and served upon the
facility within 30 days of the completion of the complaint
investigation.
(g) For purposes of this section, "complaint" means any oral or
written notice to the state department, other than a report from the
facility of an alleged violation of applicable requirements of state
or federal law or any alleged facts that might constitute such a
violation.
(h) Nothing in this section shall be interpreted to diminish the
state department's authority and obligation to investigate any
alleged violation of applicable requirements of state or federal law,
or any alleged facts that might constitute a violation of applicable
requirements of state or federal law, and to enforce applicable
requirements of law.