California Health and Safety Code Section 1422.5

CA Health & Safety Code § 1422.5 (2017)  

(a)  The department shall develop and establish a consumer information service system to provide updated and accurate information to the general public and consumers regarding long-term care facilities in their communities. The consumer information service system shall include, but need not be limited to, all of the following elements:

(1)  An on-line inquiry system accessible through a statewide toll-free telephone number and the Internet.

(2)  Long-term health care facility profiles, with data on services provided, a history of all citations and complaints for the last two full survey cycles, and ownership information. The profile for each facility shall include, but not be limited to, all of the following:

(A)  The name, address, and telephone number of the facility.

(B)  The number of units or beds in the facility.

(C)  Whether the facility accepts Medicare or Medi-Cal patients.

(D)  Whether the facility has a special care unit or program for people with Alzheimer’s disease and other dementias, and whether the facility participates in the voluntary disclosure program for special care units.

(E)  Whether the facility is a for-profit or not-for-profit provider.

(3)  Information regarding substantiated complaints shall include the action taken and the date of action.

(4)  Information regarding the state citations assessed shall include the status of the state citation, including the facility’s plan or correction, and information as to whether an appeal has been filed.

(5)  Any appeal resolution pertaining to a citation or complaint shall be updated on the file in a timely manner.

(b)  Where feasible, the department shall interface the consumer information service system with its Automated Certification and Licensure Information Management System.

(c)  It is the intent of the Legislature that the department, in developing and establishing the system pursuant to subdivision (a), maximize the use of available federal funds.

(d)  (1)  Notwithstanding the consumer information service system established pursuant to subdivision (a), by January 1, 2002, the state department shall develop a method whereby information is provided to the public and consumers on long-term health care facilities. The information provided shall include, but not be limited to, all of the following elements:

(A)  Substantiated complaints, including the action taken and the date of the action.

(B)  State citations assessed, including the status of any citation and whether an appeal has been filed.

(C)  State actions, including license suspensions, revocations, and receiverships.

(D)  Federal enforcement sanctions imposed, including any denial of payment, temporary management, termination, or civil money penalty of five hundred dollars ($500) or more.

(E)  Any information or data beneficial to the public and consumers.

(2)  This subdivision shall become inoperative on July 1, 2003.

(e)  In implementing this section, the department shall ensure the confidentiality of personal and identifying information of residents and employees and shall not disclose this information through the consumer information service system developed pursuant to this section.

(Amended by Stats. 2001, Ch. 685, Sec. 16. Effective January 1, 2002.)

Last modified: October 25, 2018