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Section 1569.33 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 3.
1569.33
. (a) Every licensed residential care facility for the
elderly shall be subject to unannounced inspections by the
department. The department shall inspect these facilities as often as
necessary to ensure the quality of care provided.
(b) The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan require an annual inspection.
(3) When an accusation against a licensee is pending.
(4) When a facility requires an annual visit as a condition of receiving federal financial participation.
(5) In order to verify that a person who has been ordered out of the facility for the elderly by the department is no longer at the facility.
(c) (1) The department shall conduct annual unannounced inspections of no less than 20 percent of facilities not subject to an inspection under subdivision (b). These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.
(2) If the total citations issued by the department exceed the previous year's total by 10 percent, the following year the department shall increase the random sample by 10 percent of the facilities not subject to an inspection under subdivision (b). The department may request additional resources to increase the random sample by 10 percent.
(d) Under no circumstance shall the department inspect a residential care facility for the elderly less often than once every five years.
(e) (1) The department shall notify the residential care facility for the elderly in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter.
(2) Unless otherwise specified in the plan of correction, the residential care facility for the elderly shall remedy the deficiencies within 10 days of the notification.
(f) (1) Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(2) (A) The department shall post on its Internet Web site information on how to obtain an inspection report.
(B) It is the intent of the Legislature that the department shall make inspection reports available on its Internet Web site by January 1, 2020.
(g) As a part of the department's evaluation process, the department shall review the plan of operation, training logs, and marketing materials of any residential care facility for the elderly that advertises or promotes special care, special programming, or a special environment for persons with dementia to monitor compliance with Sections 1569.626 and 1569.627.
(h) (1) The department shall design, or cause to be designed, a poster that contains information on the appropriate reporting agency in case of a complaint or emergency.
(2) Each residential care facility for the elderly shall post this poster in the main entryway of its facility.
(i) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
(b) The department shall conduct an annual unannounced inspection of a facility under any of the following circumstances:
(1) When a license is on probation.
(2) When the terms of agreement in a facility compliance plan require an annual inspection.
(3) When an accusation against a licensee is pending.
(4) When a facility requires an annual visit as a condition of receiving federal financial participation.
(5) In order to verify that a person who has been ordered out of the facility for the elderly by the department is no longer at the facility.
(c) (1) The department shall conduct annual unannounced inspections of no less than 20 percent of facilities not subject to an inspection under subdivision (b). These unannounced inspections shall be conducted based on a random sampling methodology developed by the department.
(2) If the total citations issued by the department exceed the previous year's total by 10 percent, the following year the department shall increase the random sample by 10 percent of the facilities not subject to an inspection under subdivision (b). The department may request additional resources to increase the random sample by 10 percent.
(d) Under no circumstance shall the department inspect a residential care facility for the elderly less often than once every five years.
(e) (1) The department shall notify the residential care facility for the elderly in writing of all deficiencies in its compliance with the provisions of this chapter and the rules and regulations adopted pursuant to this chapter.
(2) Unless otherwise specified in the plan of correction, the residential care facility for the elderly shall remedy the deficiencies within 10 days of the notification.
(f) (1) Reports on the results of each inspection, evaluation, or consultation shall be kept on file in the department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(2) (A) The department shall post on its Internet Web site information on how to obtain an inspection report.
(B) It is the intent of the Legislature that the department shall make inspection reports available on its Internet Web site by January 1, 2020.
(g) As a part of the department's evaluation process, the department shall review the plan of operation, training logs, and marketing materials of any residential care facility for the elderly that advertises or promotes special care, special programming, or a special environment for persons with dementia to monitor compliance with Sections 1569.626 and 1569.627.
(h) (1) The department shall design, or cause to be designed, a poster that contains information on the appropriate reporting agency in case of a complaint or emergency.
(2) Each residential care facility for the elderly shall post this poster in the main entryway of its facility.
(i) This section shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.
