Section 1424.1 Of Chapter 2.4. Quality Of Long-term Health Facilities From California Health And Safety Code >> Division 2. >> Chapter 2.4.
1424.1
. (a) On and after the effective date of this section, no
citation shall be issued or sustained under this chapter for a
violation of any regulation discovered and recorded by a facility if
all of the following conditions have been met:
(1) The facility maintains an ongoing quality assurance and
patient care audit program, which includes maintenance of a quality
assurance log which is made available to the state department at the
commencement of each inspection and investigation. The facility shall
retain this log for the current year and the preceding three years.
(2) The violation was not willful and resulted in no actual harm
to any patient or guest.
(3) The violation was first discovered by the licensee and was
promptly and accurately recorded in the quality assurance log prior
to discovery by the state department.
(4) Promptly upon discovery, the facility implemented remedial
action satisfactory to the state department to correct the violation
and prevent a recurrence. If the state department determines that
remedial action voluntarily undertaken by the facility is
unsatisfactory, the state department shall allow the facility
reasonable time to augment the remedial action before the condition
shall be deemed to be a violation.
(b) Except as otherwise provided in this section, a quality
assurance log which meets the criteria of this section shall not be
discoverable or admissible in any action against the licensee. The
quality assurance log shall be discoverable pursuant to a motion to
produce under Chapter 14 (commencing with Section 2031.010) of Title
4 of Part 4 of the Code of Civil Procedure and admissible only for
purposes of impeachment. However, the court, in a motion pursuant to
Section 2025.420 of the Code of Civil Procedure, or at trial or other
proceeding, may limit access to those entries which would be
admissible for impeachment purposes.
(c) The quality assurance log shall be made available upon request
to any of the following:
(1) Full-time state employees of the Office of the State Long-Term
Care Ombudsman.
(2) Ombudsman coordinators, as defined in Section 9701 of the
Welfare and Institutions Code.
(3) Ombudsmen qualified by medical training as defined in Section
9701 of the Welfare and Institutions Code, with the approval of
either the State Long-Term Care Ombudsman or ombudsman coordinator.
The licensee may make the quality assurance log available, in the
licensee's discretion, to any representative of the Office of the
State Long-Term Care Ombudsman, as defined in Section 9701 of the
Welfare and Institutions Code, without liability for the disclosure.
Each representative of the Office of the State Long-Term Care
Ombudsman who has been provided access to a facility's quality
assurance log pursuant to this section shall maintain all disclosures
in confidence.