Cal. HSC § 1568.28 — California Code / Code hsc / Division 2 / Chapter 3.15 / Section 1568.28
Section 1568.28
Status: in_force

(a) (1) No unlicensed medical foster home for veterans, as defined in paragraph (3), shall operate in this state.

(2) Upon discovery of an unlicensed medical foster home for veterans, the department shall refer residents to the appropriate placement or adult protective services agency or the appropriate local or state long-term care ombudsperson, if either of the following conditions exist:

(A) There is an immediate threat to a veteran resident’s health and safety.

(B) The medical foster home for veterans will not cooperate with the department to apply for a license, meet licensing standards, and obtain a valid license.

(3) A medical foster home for veterans shall be deemed to be an “unlicensed medical foster home for veterans” and “maintained and operated to provide residential care” if it is unlicensed, not exempt from licensure, and any one of the following conditions is satisfied:

(A) The medical foster home for veterans is providing care and supervision, as defined by this chapter or the rules, regulations, and written directives adopted pursuant to this chapter.

(B) The medical foster home for veterans is held out as, or represented as, providing care and supervision, as defined by this chapter or the rules, regulations, and written directives adopted pursuant to this chapter.

(C) The medical foster home for veterans accepts or retains veteran residents who demonstrate the need for care and supervision, as defined by this chapter or the rules, regulations, and written directives adopted pursuant to this chapter.

(D) The home represents itself as a licensed medical foster home for veterans in California.

(b) In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the department shall issue a civil penalty as follows:

(1) (A) Notwithstanding any other provision of this chapter, a person who violates Section 1568.23 shall be assessed an immediate civil penalty in the amount of one hundred dollars ($100) per resident for each day of the violation.

(B) The civil penalty authorized in subparagraph (A) shall be doubled if an unlicensed medical foster home for veterans is operated and the operator refuses to seek licensure or the operator seeks licensure, the licensure application is denied, and the operator continues to operate the unlicensed medical foster home for veterans unless other remedies available to the department, including criminal prosecution, are deemed more effective by the department.

(2) For a violation that the department determines resulted in the death of a veteran resident, the civil penalty shall be seven thousand five hundred dollars ($7,500).

(3) For a violation that the department determines constitutes physical abuse, as defined in Section 15610.63 of the Welfare and Institutions Code, to a veteran resident the civil penalty shall be two thousand five hundred dollars ($2,500).

(4) For a violation that the department determines resulted in serious bodily injury, as defined in Section 15610.67 of the Welfare and Institutions Code, to a veteran resident the civil penalty shall be two thousand five hundred dollars ($2,500).

(c) Notwithstanding any other provision of law, revenues received by the department from payment of civil penalties imposed on a licensed medical foster home for veterans pursuant to this section shall be deposited into the Technical Assistance Fund created pursuant to Section 1523.2 and may be expended by the department for the technical assistance, training, and education of licensees.

(d) (1) (A) A licensee shall have the right to submit a written request for a formal review to the department for a civil penalty assessed pursuant to this section within 15 business days of receipt of the notice of a civil penalty assessment. The licensee shall provide all available supporting documentation that was unavailable at the time of submitting the request for review within 30 business days after submitting the request for review. If the department requires additional information from the licensee, it shall request that information within 30 business days after receiving the request for review.

(B) The licensee shall provide this additional information within 30 business days of receiving the request from the department. If the deputy director determines that the civil penalty was not assessed, or the finding of the deficiency that resulted in the assessment of the civil penalty was not made, in accordance with applicable statutes or rules, regulations, and written directives adopted by the department, they may amend or dismiss the civil penalty or finding of deficiency. The licensee shall be notified in writing of the deputy director’s decision within 60 business days of the date when all necessary information has been provided to the department by the licensee.

(2) Upon exhausting the review process described in paragraph (1), a licensee may further appeal that decision to an administrative law judge. Proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted by those provisions. In a proceeding conducted in accordance with this section, the standard of proof shall be by a preponderance of the evidence.

(3) If, in addition to an assessment of civil penalties, the department elects to file an administrative action to suspend or revoke the medical foster home for veterans license that includes violations relating to the assessment of the civil penalties, the department review of the pending appeal shall cease and the assessment of the civil penalties shall be heard as part of the administrative action process.

(4) Civil penalties shall be due and payable when administrative appeals have been exhausted. Unless payment arrangements have been made that are acceptable to the department, a civil penalty not paid within 30 days shall be subject to late fees, as specified by rules, regulations, and written directives adopted by the department.

(5) If a reviewer determines that a notice of deficiency or a civil penalty assessment was not made in accordance with applicable statutes, rules, regulations, and written directives, the reviewer may amend or dismiss the notice of deficiency or civil penalty assessment.