California Health and Safety Code CHAPTER 2.4 - Quality of Long-Term Health Facilities

• Section 1417.
  This chapter shall be known and may be cited as the Long-Term Care, Health, Safety, and Security Act of 1973.(Added by Stats. 1973, Ch. 1057.)
• Section 1417.1.
  It is the intent of the Legislature in enacting this chapter to establish (1) a citation system for the imposition of prompt and effective civil...
• Section 1417.15.
  (a)  (1)  If one or more of the following remedies is actually imposed for violation of state or federal requirements, the long-term health care facility...
• Section 1417.2.
  (a) Notwithstanding Section 1428, moneys collected as a result of state and federal civil penalties imposed under this chapter or federal law shall be deposited into...
• Section 1417.3.
  The department shall promote quality of care and quality of life for residents, clients, and patients in long-term health care facility services through specific activities...
• Section 1417.4.
  (a)  There is hereby established in the state department the Quality Awards Program for nursing homes. (b)  The department shall establish criteria under the program,...
• Section 1418.
  As used in this chapter:(a) “Long-term health care facility” means any facility licensed pursuant to Chapter 2 (commencing with Section 1250) that is any of the...
• Section 1418.1.
  (a)  Any person receiving respite care services shall be permitted to bring medications to the skilled nursing facility or intermediate care facility if the contents...
• Section 1418.2.
  (a)  Every facility licensed pursuant to subdivisions (c), (d), (e), and (g) of Section 1250 and every skilled nursing facility licensed separately under subdivision (a)...
• Section 1418.21.
  (a) A skilled nursing facility that has been certified for purposes of Medicare or Medicaid shall post the overall facility rating information determined by the federal...
• Section 1418.3.
  (a)  Each licensed skilled nursing facility shall, when requested by a member of a patient’s family, allow the family to meet privately with a family...
• Section 1418.4.
  (a)  No licensed skilled nursing facility or intermediate care facility may prohibit the formation of a family council, and, when requested by a member of...
• Section 1418.5.
  No regulation adopted with respect to skilled nursing facilities or intermediate care facilities shall prohibit patients in the facility from storing nonprescription or topical ophthalmic...
• Section 1418.6.
  No long-term health care facility shall accept or retain any patient for whom it cannot provide adequate care.(Added by Stats. 1985, Ch. 11, Sec. 7....
• Section 1418.7.
  (a)  Long-term health care facilities, as defined in Section 1418, shall develop and implement policies and procedures designed to reduce theft and loss. (b)  The...
• Section 1418.8.
  (a) If the attending physician and surgeon of a resident in a skilled nursing facility or intermediate care facility prescribes or orders a medical intervention that...
• Section 1418.81.
  (a)  In order to assure the provision of quality patient care and as part of the planning for that quality patient care, commencing at the...
• Section 1418.9.
  (a)  If the attending physician and surgeon of a resident in a skilled nursing facility prescribes, orders, or increases an order for an antipsychotic medication...
• Section 1418.91.
  (a)  A long-term health care facility shall report all incidents of alleged abuse or suspected abuse of a resident of the facility to the department...
• Section 1419.
  (a)  The department shall establish a centralized consumer response unit within the Licensing and Certification Division of the department to respond to consumer inquiries and...
• Section 1420.
  (a)  (1)  Upon receipt of a written or oral complaint, the state department shall assign an inspector to make a preliminary review of the complaint...
• Section 1421.
  (a)  Any duly authorized officer, employee, or agent of the state department may enter and inspect any long-term health care facility, including, but not limited...
• Section 1421.1.
  (a)  Within 24 hours of the occurrence of any of the events specified in subdivision (b), the licensee of a skilled nursing facility shall notify...
• Section 1421.5.
  (a)  (1)  Within 24 hours of the filing of a bankruptcy petition under Title 11 of the United States Code or any other laws of...
• Section 1422.
  (a) The Legislature finds and declares that it is the public policy of this state to ensure that long-term health care facilities provide the highest level...
• Section 1422.1.
  (a) Notwithstanding Section 1422, the State Department of Public Health shall conduct, when feasible, annual licensing inspections of licensed long-term health care facilities providing special treatment...
• Section 1422.5.
  (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...
• Section 1422.6.
  Each skilled nursing facility and intermediate care facility shall post a copy of the notice required pursuant to Section 9718 of the Welfare and Institutions...
• Section 1422.7.
  The state department shall provide the office, as defined in subdivision (c) of Section 9701 of the Welfare and Institutions Code, with copies of inspection...
• Section 1423.
  (a)  If upon inspection or investigation the director determines that any nursing facility is in violation of any state or federal law or regulation relating...
• Section 1423.5.
  (a)  The state department shall centrally review federal deficiencies and supporting documentation that may require the termination of certification for a nursing facility. The state...
• Section 1424.
  Citations issued pursuant to this chapter shall be classified according to the nature of the violation and shall indicate the classification on the face thereof.(a) In...
• Section 1424.1.
  (a) On and after the effective date of this section, no citation shall be issued or sustained under this chapter for a violation of any regulation...
• Section 1424.5.
  (a) In lieu of the fines specified in subdivisions (c), (d), (e), and (g) of Section 1424, fines imposed on skilled nursing facilities or intermediate care...
• Section 1424.6.
  Failure by a developmental center to report incidents as required under subdivision (a) of Section 4427.5 of the Welfare and Institutions Code shall be deemed...
• Section 1425.
  Where a licensee has failed to correct a violation within the time specified in the citation, the state department shall assess the licensee a civil...
• Section 1426.
  After consultation with industry, professional, and consumer groups affected thereby, but not later than three months after the effective date of this chapter, the director...
• Section 1427.
  (a)  When the administration of medications, treatments, or other care is not recorded, as required by law, in the health care record for a patient...
• Section 1428.
  (a) If the licensee desires to contest a citation or the proposed assessment of a civil penalty therefor, the licensee shall use the processes described in...
• Section 1428.1.
  Except as provided in subdivision (b) of Section 1424.5, a licensee may, in lieu of contesting a citation pursuant to Section 1428, transmit to the...
• Section 1428.2.
  In the case of a class “A” or class “AA” citation issued to a long-term health care facility which is appealed, the citation shall expire...
• Section 1429.
  (a) Each class “AA” and class “A” citation specified in subdivisions (c) and (d) of Section 1424 that is issued, or a copy or copies thereof,...
• Section 1429.1.
  (a)  If a long-term health care facility licensed as a skilled nursing facility or an intermediate care facility, as defined in paragraphs (1) and (2)...
• Section 1430.
  (a) Except where the state department has taken action and the violations have been corrected to its satisfaction, a licensee who commits a class “A” or...
• Section 1431.
  It is a misdemeanor for any person to do any of the following:(a)  Willfully prevent, interfere with, or attempt to impede in any way the...
• Section 1432.
  (a)  No licensee shall discriminate or retaliate in any manner against any complainant, or any patient or employee in its long-term health care facility, on...
• Section 1432.1.
  No licensee shall be cited for any violation caused by any person licensed pursuant to the Medical Practice Act (Chapter 5 (commencing with Section 2000)...
• Section 1433.
  The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the...
• Section 1434.
  Commencing in 1974, the state department shall, on or before February 1 of each year, notify all public agencies which refer patients to long-term health...
• Section 1436.
  On or before July 1, 1974, the state department shall provide for additional and ongoing training for inspectors charged with implementation of this chapter in...
• Section 1437.
  If a health facility, or an applicant for a license has not been previously licensed pursuant to Chapter 2 (commencing with Section 1250), the state...
• Section 1437.5.
  (a)  If a facility is certified to participate in the federal Medicare program as a skilled nursing facility under Title XVIII of the Social Security...
• Section 1438.
  The state department shall review the effectiveness of the enforcement system in maintaining the quality of care provided by long-term health care facilities and shall...
• Section 1439.
  Any writing received, owned, used, or retained by the state department in connection with the provisions of this chapter is a public record within the...
• Section 1439.2.
  Every long-term health care facility shall provide an activity program to the residents of the facility to meet the needs and interests of the residents...
• Section 1439.5.
  (a)  The state department shall undertake the immediate development, implementation, and maintenance of an automated information system. The automated information system shall be developed to...
• Section 1439.6.
  (a) Except as provided in subdivision (b), if a resident is notified in writing of a facility-initiated transfer or discharge from a long-term health care facility,...
• Section 1439.7.
  Notwithstanding Section 14124.7 of the Welfare and Institutions Code, a long-term health care facility participating as a provider under the Medi-Cal program may transfer or...
• Section 1439.8.
  Every long-term health care facility shall reveal to applicants for admission, or their designated representatives, orally and in writing, and prior to admission, whether the...

Last modified: October 22, 2018