Section 1430 Of Chapter 2.4. Quality Of Long-term Health Facilities From California Health And Safety Code >> Division 2. >> Chapter 2.4.
1430
. (a) Except where the state department has taken action and
the violations have been corrected to its satisfaction, a licensee
who commits a class "A" or "B" violation may be enjoined from
permitting the violation to continue or may be sued for civil damages
within a court of competent jurisdiction. An action for injunction
or civil damages, or both, may be prosecuted by the Attorney General
in the name of the people of the State of California upon his or her
own complaint or upon the complaint of a board, officer, person,
corporation, or association, or by a person acting for the interests
of itself, its members, or the general public. The amount of civil
damages that may be recovered in an action brought pursuant to this
section may not exceed the maximum amount of civil penalties that
could be assessed on account of the violation or violations.
(b) A current or former resident or patient of a skilled nursing
facility, as defined in subdivision (c) of Section 1250, or
intermediate care facility, as defined in subdivision (d) of Section
1250, may bring a civil action against the licensee of a facility who
violates any rights of the resident or patient as set forth in the
Patients Bill of Rights in Section 72527 of Title 22 of the
California Code of Regulations, or any other right provided for by
federal or state law or regulation. The suit shall be brought in a
court of competent jurisdiction. The licensee shall be liable for the
acts of the licensee's employees. The licensee shall be liable for
up to five hundred dollars ($500), and for costs and attorney fees,
and may be enjoined from permitting the violation to continue. An
agreement by a resident or patient of a skilled nursing facility or
intermediate care facility to waive his or her rights to sue pursuant
to this subdivision shall be void as contrary to public policy.
(c) The remedies specified in this section shall be in addition to
any other remedy provided by law.