Section 1569.545 Of Article 5. Suspension And Revocation From California Health And Safety Code >> Division 2. >> Chapter 3.2. >> Article 5.
1569.545
. (a) For purposes of this section, "suspension of new
admissions" means a prohibition on admitting new residents to receive
care or services in the facility.
(b) The department may order a suspension of new admissions for a
facility in either of the following circumstances:
(1) The department finds that the facility has violated this
chapter or any applicable regulations, the violation presents a
direct and immediate risk to the health, safety, or personal rights
of a resident or residents of the facility, and the violation is not
corrected immediately.
(2) The facility has failed to pay a fine assessed by the
department after the facility's appeal rights have been exhausted.
(c) A suspension of new admissions for a failure to pay a fine, as
described in paragraph (2) of subdivision (b), shall remain in
effect until the facility pays the fine assessed by the department.
(d) A suspension of new admissions under paragraph (1) of
subdivision (b) shall remain in effect until the department
determines that the facility has corrected the violation. The
department shall conduct a followup visit to determine compliance
within 10 working days following the latest date of correction
specified in the notice of deficiency, unless the licensee has
demonstrated that the deficiency was corrected as required in the
notice. The department may make unannounced visits after the
suspension of new admissions is lifted to ensure that the facility
continues to maintain correction of the violation. The department may
order another suspension of new admissions or take other appropriate
enforcement action if the facility does not maintain correction of
the violation.
(e) A licensee may appeal a suspension of new admissions ordered
under this section to the director. The department shall adopt
regulations that specify the appeal procedure.
(f) A suspension of new admissions ordered under this section
shall not be stayed pending the facility's appeal or request for
review.