Section 1569.35 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 3.
1569.35
. (a) Any person may request an investigation of a
residential care facility for the elderly in accordance with this
chapter by making a complaint to the department alleging a violation
of applicable requirements prescribed by statutes or regulations of
this state, including, but not limited to, a denial of access of any
person authorized to enter the facility pursuant to Section 9722 of
the Welfare and Institutions Code. A complaint may be made either
orally or in writing.
(b) The substance of the complaint shall be provided to the
licensee no earlier than at the time of the inspection. Unless the
complainant specifically requests otherwise, neither the substance of
the complaint provided the licensee nor any copy of the complaint or
any record published, released, or otherwise made available to the
licensee shall disclose the name of any person mentioned in the
complaint except the name of any duly authorized officer, employee,
or agent of the department conducting the investigation or inspection
pursuant to this chapter.
(c) (1) Upon receipt of a complaint, other than a complaint
alleging denial of a statutory right of access to a residential care
facility for the elderly, the department shall make a preliminary
review and, unless the department determines that the complaint is
willfully intended to harass a licensee or is without any reasonable
basis, it shall make an onsite inspection within 10 days after
receiving the complaint except where the visit would adversely affect
the licensing investigation or the investigation of other agencies,
including, but not limited to, law enforcement agencies. In either
event, the complainant shall be promptly informed of the department's
proposed course of action.
(2) If a local long-term care ombudsman or the State Long-Term
Care Ombudsman files a complaint alleging denial of a statutory right
of access to a residential care facility for the elderly under
Section 9722 of the Welfare and Institutions Code, the department
shall give priority to the complaint pursuant to Section 9721 of the
Welfare and Institutions Code and notify the Office of the State
Long-Term Care Ombudsman that an investigation has been initiated
pursuant to this section.
(3) Prior to conducting an onsite investigation pursuant to this
section, the department shall make a good faith effort, documented in
writing, to contact and interview the complainant and inform the
complainant of the department's proposed course of action and the
relevant deadline for the department to complete its investigation.
To the extent practicable, the officer, employee, or agent of the
department who will conduct the investigation shall be the
representative who interviews and makes contact with the complainant.
(d) Within 10 business days of completing the investigation of a
complaint under this section, the department shall notify the
complainant in writing of the department's determination as a result
of the investigation.