Following approval by the department of a list of provider rights, the Community Care Licensing Division shall print and distribute in person, to individuals or to groups, and by other appropriate methods of distribution, a list of provider rights which shall include, but not be limited to, the following:
(a)
Site visit rights:(1)
The right to require licensing field staff to identify themselves.(2)
The right to be advised of the type of the visit, whether complaint, plan of correction, prelicensing, or some other type. When a site visit is made to investigate a complaint, the site visit rights described in paragraphs (4) and (9) shall be applicable at the completion of the investigation.(3)
The right to be treated as a professional and with dignity and respect.(4)
The right to receive an accurate report of the evaluator’s findings listing each observed deficiency. Each deficiency shall be separately numbered, so as to clearly indicate the number of deficiencies, shall be accompanied by a number that corresponds to a section of law or licensing regulation, and shall include a description of the evaluator’s observation that led to the finding of a deficiency. The description of the evaluator’s observation shall include a clear explanation of why the existing condition constitutes a deficiency, unless the description of the observation provides the explanation.(5)
The right to review licensing laws, regulations, and policy.(6)
The right to an impartial investigation of all complaints.(7)
The right, at the time of the visit, to determine and develop a plan of correction for deficiencies cited.(8)
The right to use the licensing report (LIC 809) as a means to agree or disagree with cited deficiencies.(9)
The right to an exit interview upon completion of the visit and to receive a signed copy of the LIC 809.(10)
The right to be informed on the LIC 809 of the evaluator’s supervisor and his or her telephone number.(11)
The right of access to the public file on any facility and the right to purchase a copy at a reasonable cost.(b)
Initial appeal rights:(1)
The right, without prejudice, to appeal any decision, any failure to act according to law or regulation, or any failure to act within any specified timeline, through the licensing agency as specified in Sections 1596.99 and 1597.58.(2)
The right to request a meeting with district office administrators to discuss any licensing issue and with notice to bring any person to the meeting.(3)
The right to due process and the option of bringing a representative to any administrative action.(c)
The right to file a formal complaint, and receive a written response to that complaint within 30 days, for any licensing issue not covered by subdivision (b), including, but not limited to, inappropriate behavior of department employees.(d)
The department shall, by June 30, 1992, mail to all licensees a copy of this section and a full and complete copy of the appeals procedure developed to implement subdivision (b).(e)
The department shall, on all forms it requires or recommends that providers use, all notices of regulations or departmental policy, and all notices to implement this section, clearly label the department as the source of the material, including the name of the department, the name of the division responsible for implementing this chapter, and the address of that division.
Source:
Section 1596.842, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=1596.842..