Section 1568.082 Of Chapter 3.01. Residential Care Facilities For Persons With Chronic Life-threatening Illness From California Health And Safety Code >> Division 2. >> Chapter 3.01.
1568.082
. (a) The department may suspend or revoke any license
issued under this chapter upon any of the following grounds and in
the manner provided in this chapter:
(1) Violation by the licensee of this chapter or of the rules and
regulations adopted pursuant to this chapter.
(2) Aiding, abetting, or permitting the violation of this chapter
or of the rules and regulations adopted pursuant to this chapter.
(3) Conduct which is inimical to the health, welfare, or safety of
either an individual in or receiving services from the facility or
the people of the State of California.
(4) The provision of services beyond the level the facility is
authorized to provide, or accepting or retaining residents who
require services of a higher level than the facility is authorized to
provide.
(5) Engaging in acts of financial malfeasance concerning the
operation of a facility, including, but not limited to, improper use
or embezzlement of client moneys and property or fraudulent
appropriation for personal gain of facility moneys and property, or
willful or negligent failure to provide services.
(b) The director may temporarily suspend any license, prior to any
hearing when, in the opinion of the director, the action is
necessary to protect residents of the facility from physical or
mental abuse, abandonment, or any other substantial threat to health
or safety. The director shall notify the licensee of the temporary
suspension and the effective date of the temporary suspension, and at
the same time shall serve the provider with an accusation. Upon
receipt of a notice of defense to the accusation by the licensee, the
director shall, within 15 days, set the matter for hearing, and the
hearing shall be held as soon as possible, but not later than 30 days
after receipt of the notice. The temporary suspension shall remain
in effect until the time the hearing is completed and the director
has made a final determination on the merits. However, the temporary
suspension shall be deemed vacated if the director fails to make a
final determination on the merits within 30 days after the original
hearing has been completed.
(c) In any case where the department orders the licensee to remove
a resident who has a health condition or health conditions which
cannot be cared for within the limits of the license or special
permit or requires inpatient care in a health facility licensed
pursuant to Chapter 2 (commencing with Section 1250), the licensee
shall do all of the following:
(1) Prepare and submit to the department a written plan for
relocation of the client or resident, in a form acceptable to the
department.
(2) Comply with all terms and conditions of the approved
relocation plan.
(3) Provide any other information as may be required by the
department for the proper administration and enforcement of this
section.