Section 1569.38 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 3.
1569.38
. (a) Each residential care facility for the elderly shall
place in a conspicuous place copies of all licensing reports issued
by the department within the preceding 12 months, and all licensing
reports issued by the department resulting from the most recent
annual visit of the department to the facility. This subdivision
shall not apply to any portion of a licensing report referring to a
complaint that was found by the department to be unfounded or
unsubstantiated. The facility, during the admission process, shall
inform the resident and the resident's responsible person in writing
that licensing reports are available for review at the facility, and
that copies of licensing reports and other documents pertaining to
the facility are available from the appropriate district office of
the department. The facility shall provide the telephone number and
address of the appropriate district office.
(b) A licensed residential care facility for the elderly shall
provide written notice to a resident, the resident's responsible
party, if any, and the local long-term care ombudsman, within 10 days
from the occurrence of either of the following events:
(1) The department commences proceedings to suspend or revoke the
license of the facility pursuant to Section 1569.50.
(2) A criminal action that relates to the health or safety of the
residents is brought against the licensed residential care facility.
(c) The notice provided to a resident and the resident's
responsible party, if any, shall include the name and contact
information for the local long-term care ombudsman and for the
Community Care Licensing Division of the department with a statement
that directs the resident or the resident's responsible party to
contact the division for information on the license status of the
facility.
(d) The notice, described in subdivision (b), provided to a
resident and the resident's responsible party, if any, shall include
the reason given for the commencement of proceedings to suspend or
revoke the license of the facility, or the reason given for criminal
action brought against the licensed residential care facility.
(e) Upon providing the notice described in subdivision (b), the
licensed residential care facility shall also post a written notice,
in at least 14-point type, in a conspicuous location in the facility,
that may include where the mail boxes are located, where the
facility license is posted, or any other easily accessible location
in the facility. The posting shall include all of the following
information:
(1) The date of the notice.
(2) The name of the residential care facility for the elderly.
(3) A statement that a copy of the most recent licensing report
prepared by the department, and any additional reports of facility
evaluation visits, within the preceding 12 months, may be obtained at
the facility.
(4) The name and telephone number of the contact person designated
by the Community Care Licensing Division of the department to
provide information on the license status of the facility.
(f) The notice required to be posted pursuant to subdivision (e)
shall remain posted until the deficiencies that gave rise to the
notice are resolved.
(g) A licensee who fails to comply with the requirements of
subdivision (b) or (c) shall be liable for civil penalties in the
amount of one hundred dollars ($100) for each day of the failure to
provide notification as required in this section. The total civil
penalty for each day shall not exceed one hundred dollars ($100)
regardless of the number of notices that the licensee fails to send
that day. The total civil penalty for a continuous violation of
subdivision (b) or (c) shall not exceed five thousand dollars
($5,000).
(h) For purposes of this section, "responsible party" means an
individual, including the patient's relative, health care surrogate
decisionmaker, or a placement agency, who assists the resident in
placement or assumes varying degrees of responsibility for the
well-being of the resident, as designated by the resident in writing.