reglab/housing_qa huggingface dataset:
CA Welf & Inst Code § 9713 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 2 - General Provisions|Section 9713.

9713.  (a) Upon request of the office, the Attorney General shall represent the office or the department and the state in litigation concerning affairs of the office, unless the Attorney General represents another state agency, in which case the agency or the office shall employ other counsel.(b) The State Ombudsman may employ technical experts and other employees that, in his or her judgment, are necessary for the conduct of the business of the office.(Amended by Stats. 2012, Ch. 649, Sec. 7. (SB 345) Effective January 1, 2013.)
CA Welf & Inst Code § 9714 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 2 - General Provisions|Section 9714.

9714.  The office shall solicit and receive funds, gifts, and contributions to support the operations and programs of the office. The office shall not solicit or receive any funds, gifts, or contributions if the solicitation or receipt would jeopardize the independence and objectivity of the office. The office shall deposit funds received pursuant to this section into the Long-Term Care Ombudsman Program Improvement Act Account that is hereby created in the Special Deposit Fund in the State Treasury pursuant to Section 16370 of the Government Code. Revenues in this account shall, upon appropriation, be used for the purpose of supporting the operations and programs of the office.(Amended by Stats. 2013, Ch. 521, Sec. 1. (SB 609) Effective January 1, 2014.)
CA Welf & Inst Code § 9714.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 2 - General Provisions|Section 9714.5.

9714.5.  (a) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office and the operations of the foundation. The foundation shall not solicit or receive any funds, gifts, or contributions if the solicitation or receipt would jeopardize the independence and objectivity of the office or foundation.(b) The foundation formed pursuant to this section shall be under the direction and management of a five-member board of directors. One member shall be appointed by the Speaker of the Assembly, one member shall be appointed by the Senate Committee on Rules, and three members shall be appointed by the Governor. The members of the board shall each be experienced in the management, promotion, and funding of nonprofit charitable organizations.(c) The board shall select from among its members a chair, a vice chair, and any other officers as it deems necessary.(d) The members of the board shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties as directors.(e) Three members of the board shall constitute a quorum for the purpose of conducting the board’s business.(f) By March 1 of each year, the board shall determine the amount of funds to be allocated from the foundation to the office for the support of the operations and programs of the office and the operations of the foundation. Foundation funds may only be expended for the support of the operations and programs of the office and the operations of the foundation.(g) The members of the board shall be free from conflicts of interest and shall be subject to the same conflict of interest provisions that apply to the State Ombudsman under Section 3058g(f)(3) of Title 42 of the United States Code.(Amended by Stats. 2013, Ch. 521, Sec. 2. (SB 609) Effective January 1, 2014.)
CA Welf & Inst Code § 9715 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 2 - General Provisions|Section 9715.

9715.  (a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter.(b) No discriminatory, disciplinary, or retaliatory action shall be taken against any employee of a facility or agency, any patient, resident, or client of a long-term care facility, or any volunteer, for any communication made, or information given or disclosed, to aid the office in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith. This subdivision is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.(c) All communications by a representative of the office, if reasonably related to the requirements of that individual’s responsibilities under this chapter and done in good faith, shall be privileged, and that privilege shall serve as a defense to any action in libel or slander.(d) Any representative of the office shall be exempt from being required to testify in court as to any confidential matters, except as the court may deem necessary to enforce the provisions of this chapter.(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
CA Welf & Inst Code § 9716 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 2 - General Provisions|Section 9716.

9716.  (a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources to meet the long-term care needs of older individuals, consistent with its mission. These responsibilities shall include establishing a statewide uniform reporting system to collect and analyze data relative to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems. The office shall submit the data to the state agency responsible for licensing or certifying long-term care facilities and to the federal Administration on Aging.(b) Notwithstanding Section 10231.5 of the Government Code, beginning September 30, 2013, and annually thereafter, the office shall prepare and submit an annual advocacy report in accordance with Section 3058g(h)(1) of Title 42 of the United States Code. The annual advocacy report shall do all of the following:(1) Describe the activities carried out by the office in the year for which the report is prepared, including, but not limited to, actions taken to carry out the advocacy duties of the office described in Sections 9712.5 and 9726.1 and prescribed by the federal Older Americans Act in Section 3058g(a)(3)(E) and (G) of Title 42 of the United States Code.(2) Contain and analyze the data collected pursuant to Section 3058g(c) of Title 42 of the United States Code.(3) Evaluate the problems experienced by, and the complaints made by or on behalf of, residents.(4) Contain recommendations for both of the following:(A) Improving quality of the care and life of residents.(B) Protecting the health, safety, welfare, and rights of residents.(5) (A) Analyze the success of the ombudsman program, including success in providing services to residents of long-term care facilities and other similar adult care facilities.(B) Identify barriers that prevent the optimal operation of the program.(6) Provide policy, regulatory, and legislative recommendations to solve identified problems, to resolve complaints, to improve the quality of care and life of residents, to protect the health, safety, welfare, and rights of residents, and to remove the barriers identified in subparagraph (B) of paragraph (5).(c) The office shall promptly post the annual advocacy report on its Internet Web site and shall submit it to the Assistant Secretary of the federal Administration on Aging, the Governor, the Legislature, the State Department of Public Health, the State Department of Social Services, local ombudsman programs, and other appropriate governmental entities.(d) The State Ombudsman shall consult with the local ombudsman programs in developing the report.(Amended by Stats. 2012, Ch. 649, Sec. 10. (SB 345) Effective January 1, 2013.)
CA Welf & Inst Code § 9716.11 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 2 - General Provisions|Section 9716.11.

9716.11.  (a) The Office of the State Long-Term Care Ombudsman shall maintain an Internet Web presence.(b) The Internet Web site shall be easily found and prominent on the department’s homepage. The Legislature finds and declares that resources currently exist for this purpose.(c) The Internet Web site shall be consumer driven and shall include, but not be limited to, current long-term care trends and issues, links to local ombudsman programs, the annual advocacy report described in Section 9716, and other information relevant to long-term care facility residents and consumers.(Added by Stats. 2012, Ch. 649, Sec. 11. (SB 345) Effective January 1, 2013.)
CA Welf & Inst Code § 9717 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 2 - General Provisions|Section 9717.

9717.  (a) All advocacy programs and any programs similar in nature to the Long-Term Care Ombudsman Program that receive funding or official designation from the state shall cooperate with the office, where appropriate. These programs include, but are not limited to, the Office of Human Rights within the State Department of State Hospitals, the Office of Patients’ Rights, Disability Rights California, and the Department of Rehabilitation’s Client Assistance Program.(b) The office shall maintain a close working relationship with the Legal Services Development Program for the Elderly within the department.(c) In order to ensure the provision of counsel for patients and residents of long-term care facilities, the office shall seek to establish effective coordination with programs that provide legal services for the elderly, including, but not limited to, programs that are funded by the federal Legal Services Corporation or under the federal Older Americans Act (42 U.S.C. Sec. 3001 et seq.), as amended.(d) The department and other state departments and programs that have roles in funding, regulating, monitoring, or serving long-term care facility residents, including law enforcement agencies, shall cooperate with and meet with the office periodically and as needed to address concerns or questions involving the care, quality of life, safety, rights, health, and well-being of long-term care facility residents.(Amended by Stats. 2014, Ch. 442, Sec. 19. (SB 1465) Effective September 18, 2014.)
CA Welf & Inst Code § 9718 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 2 - General Provisions|Section 9718.

9718.  Every long-term care facility, as defined in subdivision (b) of Section 9701, shall post in a conspicuous location a notice of the name, address, and phone number of the office and the nearest approved organization, and a brief description of the services provided by the office and the approved organization. The form of the notice shall be approved by the office.(Amended (as added by Stats. 1996, Ch. 1097) by Stats. 1997, Ch. 216, Sec. 7. Effective January 1, 1998.)
CA Welf & Inst Code § 9719 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 2 - General Provisions|Section 9719.

9719.  (a) (1) The office shall sponsor a training of representatives of approved organizations at least twice each year. The office shall provide training to these representatives as appropriate. Prior to the certification of an ombudsman by the office, individuals shall meet both of the following requirements:(A) Have a criminal offender record clearance conducted by the State Department of Social Services. A clearance pursuant to Section 1569.17 of the Health and Safety Code shall constitute clearances for the purpose of entry to any long-term care facility.(B) Have received a minimum of 36 hours of certification training that is approved by the office and offered by an approved organization, which shall include training on cultural competency and sensitivity in issues relating to the underserved aging lesbian, gay, bisexual, and transgender community.(2) Upon receipt of an applicant’s criminal record clearance and acceptance by the office, the office shall issue a card identifying the bearer as a certified ombudsman. Each ombudsman shall receive a minimum of 12 hours of additional training annually.(b) (1) The department shall contract with the State Department of Social Services to conduct a criminal offender record information search, pursuant to Section 1569.17 of the Health and Safety Code, for each applicant seeking certification as an ombudsman. The State Department of Social Services shall notify the individual and the office of the individual’s clearance or denial.(2) An applicant for certification as an ombudsman shall not be responsible for any costs associated with transmitting the fingerprint images and related information or conducting criminal record clearances.(c) Nothing in this section shall be construed to prohibit the Department of Justice from assessing a fee pursuant to Section 11105 of the Penal Code to cover the cost of searching for or furnishing summary criminal offender record information.(Amended by Stats. 2013, Ch. 675, Sec. 3. (AB 663) Effective January 1, 2014.)
CA Welf & Inst Code § 9719.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 2 - General Provisions|Section 9719.5.

9719.5.  (a) (1) The department shall allocate all federal and state funds for local ombudsman programs according to the following distribution, but shall not allocate less than one hundred thousand dollars ($100,000) per fiscal year.(2) After the base allocation, remaining funds shall be distributed in accordance with subdivision (b).(b) (1) Fifty percent of the funds shall be allocated to each local program based on the number of facilities served by the program in proportion to the total number of facilities in the state.(2) Forty percent of the funds shall be allocated based on the number of beds within the local program’s area of service in proportion to the total number of beds in the state.(3) Ten percent of the funds shall be allocated based on the total square miles within each local program’s area of service in proportion to the total number of square miles in the state.(Amended by Stats. 2018, Ch. 35, Sec. 9. (AB 1811) Effective June 27, 2018.)
CA Welf & Inst Code § 9720.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 3 - Investigation and Resolution of Complaints|Section 9720.5.

9720.5.  The office shall give priority to investigations and complaint resolutions in 24-hour long-term care facilities.(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
CA Welf & Inst Code § 9721 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 3 - Investigation and Resolution of Complaints|Section 9721.

9721.  (a) The office may refer any complaint to any appropriate state or local government agency. The following state licensing authorities shall give priority to any complaint referred to them by the office, except that any complaint alleging an immediate threat to resident health and safety may be given first priority:(1) Licensing and Certification Division of the State Department of Health Services.(2) Community Care Licensing Division of the State Department of Social Services.(3) Board of Examiners for Nursing Home Administrators.(4) Board of Registered Nurses.(5) Medical Board of California.(6) Board of Pharmacy.(7) Board of Vocational Nurse and Psychiatric Technician Examiners.(b) Any licensing authority that responds to a complaint against a long-term care facility that was referred to the authority by the office shall forward to the office copies of related inspection reports and plans of correction and notify the office of any citations and civil penalties levied against the long-term care facility.(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
CA Welf & Inst Code § 9722 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 3 - Investigation and Resolution of Complaints|Section 9722.

9722.  (a) Representatives of the office shall have the right to enter long-term care facilities and to unescorted, unhindered movement within them for the purposes of identifying, hearing, investigating, and resolving complaints, observing and monitoring conditions of residents and facilities, speaking confidentially with residents, and providing services to assist residents in protecting their health, safety, welfare, and rights. Entry shall be provided at any time deemed necessary and reasonable by the State Ombudsman to effectively carry out this chapter, for any of the purposes described in this subdivision.(b) Nothing in this chapter shall be construed to restrict, limit, or increase any existing right of any organizations or individuals not described in subdivision (a) to enter, or provide assistance to patients or residents of, long-term care facilities.(c) Nothing in this chapter shall restrict any right or privilege of any patient or resident of a long-term care facility to receive visitors of his or her choice.(d) Notwithstanding any other provision of law, a long-term care facility, upon request by a representative of the office, shall provide a roster, census, or other list of the names and room numbers or room locations of all current residents or patients residing in the facility.(Amended by Stats. 2012, Ch. 649, Sec. 15. (SB 345) Effective January 1, 2013.)
CA Welf & Inst Code § 9723 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 3 - Investigation and Resolution of Complaints|Section 9723.

9723.  The State Ombudsman shall have access to any record of a state or local government agency that is necessary to carry out his or her responsibilities under this chapter, including any record rendered confidential under Section 1094 of the Unemployment Insurance Code or Section 10850.(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)
CA Welf & Inst Code § 9724 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 3 - Investigation and Resolution of Complaints|Section 9724.

9724.  Notwithstanding Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code, in order for the office to carry out its responsibilities under this chapter, the office shall have access to the medical or personal records of a patient or resident of a long-term care facility that are retained by the facility, under the following conditions:(a) If the patient or resident has the ability to write, access may only be obtained by the written consent of the patient or resident.(b) If the patient or resident is unable to write, oral consent may be given in the presence of a third party as witness.(c) If the patient or resident is under a California guardianship or conservatorship of the person that provides the guardian or conservator with the authority to approve review of records, the office shall obtain the permission of the guardian or conservator for review of the records, unless any of the following apply:(1) The existence of the guardianship or conservatorship is unknown to the office or the facility.(2) The guardian or conservator cannot be reached within three working days.(3) The office has reason to believe the guardian or conservator is not acting in the best interests of the ward or the conservatee.(d) If the patient or resident is unable to express written or oral consent and there is no guardian, conservator, or legal representative, or the notification of the guardian, conservator, or legal representative is not applicable for reasons set forth in subdivision (c), inspection of records may be made by ombudsmen when there is sufficient cause for the inspection. The licensee may, at his or her discretion, permit other representatives of the office to inspect records in the performance of their official duties. Copies may be reproduced by the office. The licensee and facility personnel who disclose records pursuant to this subdivision shall not be liable for the disclosure. If investigation of records is sought pursuant to this subdivision, the ombudsman shall, upon request, produce a statement signed by the ombudsman coordinator authorizing the ombudsman to review the records.(e) Facilities providing copies of records pursuant to this section may charge the actual copying cost for each page copied.(f) Upon request by the office, a long-term care facility shall provide to the office, within 24 hours, the name, address, and telephone number of the conservator, legal representative, or next-of-kin of any patient or resident.(Amended by Stats. 2012, Ch. 649, Sec. 16. (SB 345) Effective January 1, 2013.)
CA Welf & Inst Code § 9725 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 8.5 - MELLO-GRANLUND OLDER CALIFORNIANS ACT|CHAPTER 11 - State Ombudsman|ARTICLE 3 - Investigation and Resolution of Complaints|Section 9725.

9725.  All records and files of the office relating to any complaint or investigation made pursuant to this chapter and the identities of complainants, witnesses, patients, or residents shall remain confidential, unless disclosure is authorized by the patient or resident or his or her conservator of the person or legal representative, required by court order, or release of the information is to a law enforcement agency, public protective service agency, licensing or certification agency in a manner consistent with federal laws and regulations.(Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)