Article 10. Complaints, Inspections, And Investigations of California Health And Safety Code >> Division 2. >> Chapter 13. >> Article 10.
In order to carry out the provisions of this chapter, the
department may establish procedures for the receipt, investigation,
and resolution of complaints against home care organizations.
(a) The department may review and, if it determines
necessary, investigate complaints filed against home care
organizations regarding violations of this chapter or any rules or
regulations promulgated pursuant to this chapter.
(b) The department shall verify through random, unannounced
inspections that a home care organization meets the requirements of
this chapter and the rules and regulations promulgated pursuant to
(c) An investigation or inspection conducted by the department
pursuant to this chapter may include, but is not limited to,
inspection of the books, records, or premises of a home care
organization. A home care organization's refusal to make records,
books, or premises available shall constitute cause for the
revocation of the home care organization's license.
(d) Other than maintaining the home care registry, the department
shall have no oversight responsibility regarding registered home care
(e) Upon receipt of a report of suspected or known abuse, as set
forth in subdivision (e) of Section 1796.42, the department shall
cross-report the suspected or known abuse to local law enforcement
and Adult Protective Services if the alleged victim is 18 years of
age or older, or local law enforcement and Child Protective Services
if the alleged victim is under 18 years of age. Other than the
cross-reporting required by this subdivision, the department shall
not be required to investigate suspected or known abuse or have other
responsibilities related to the suspected or known abuse. This
subdivision shall not supersede the existing duty of home health
aides and home health agencies as mandated reporters to report
directly to local law enforcement or county adult protective services
pursuant to Section 15630.
A duly authorized officer, employee, or agent of the
department may, upon presentation of proper identification, enter a
home care organization during posted business hours, with or without
advance notice, to secure compliance with, or to prevent a violation
of, any provision of this chapter or any provision promulgated under