reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 1421 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1421.

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 to, interviewing residents and reviewing records, at any time to enforce any provision of this chapter. (b)  Patients shall be treated with consideration, respect, and full recognition of dignity during the course of the investigation or inspection. (c)  Inspections conducted pursuant to complaints filed with the state department shall be conducted in such a manner as to ensure maximum effectiveness while respecting the rights of patients in the facility. No advance notice shall be given of any inspection conducted pursuant to this chapter unless previously and specifically authorized by the director or required by federal law. (d)  Any public employee giving any advance notice in violation of this section shall be deemed to be in violation of subdivision (t) of Section 19572 of the Government Code and shall be suspended from all duties without pay for a period determined by the director. (e)  Except as otherwise specified by law, any duly authorized officer, employee, or agent of the state department shall not limit the scope of practice of registered nurses acting under Section 2725 of the Business and Professions Code. Further, these agents shall not prohibit the performing of functions by registered nurses when those nurses are performing under standardized procedures, where their activity is consistent with the scope of nursing practice, as set forth in Section 2725 of the Business and Professions Code. (Amended by Stats. 1986, Ch. 1351, Sec. 4.)
CA Health & Safety Code § 1421.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1421.1.

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 the department of the occurrence. This notification may be in written form if it is provided by telephone facsimile or overnight mail, or by telephone with a written confirmation within five calendar days. The information provided pursuant to this subdivision may not be released to the public by the department unless its release is needed to justify an action taken by the department or it otherwise becomes a matter of public record. A violation of this section is a class “B” violation. (b)  All of the following occurrences shall require notification pursuant to this section: (1)  The licensee of a facility receives notice that a judgment lien has been levied against the facility or any of the assets of the facility or the licensee. (2)  A financial institution refuses to honor a check or other instrument issued by the licensee to its employees for a regular payroll. (3)  The supplies, including food items and other perishables, on hand in the facility fall below the minimum specified by any applicable statute or regulation. (4)  The financial resources of the licensee fall below the amount needed to operate the facility for a period of at least 45 days based on the current occupancy of the facility. The determination that financial resources have fallen below the amount needed to operate the facility shall be based upon the current number of occupied beds in the facility multiplied by the current daily Medi-Cal reimbursement rate multiplied by 45 days. (5)  The licensee fails to make timely payment of any premiums required to maintain required insurance policies or bonds in effect, or any tax lien levied by any government agency. (Amended by Stats. 2001, Ch. 685, Sec. 14. Effective January 1, 2002.)
CA Health & Safety Code § 1422.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1422.1.

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 programs for the mentally disordered, concurrently with inspections conducted by the State Department of Health Care Services for the purposes of approving the special treatment program.(b) The State Department of Public Health survey teams conducting inspections pursuant to this section shall include at least one licensed mental health professional if the inspections are not done concurrently pursuant to subdivision (a).(c) Survey team members shall receive training specific to the mental health treatment needs of mentally disordered residents served in these facilities.(Amended by Stats. 2012, Ch. 34, Sec. 15. (SB 1009) Effective June 27, 2012.)
CA Health & Safety Code § 1422.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1422.6.

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 Code in a conspicuous location in at least four areas of the facility, as follows:(a)  One location that is accessible to members of the public. (b)  One location that is used for employee breaks. (c)  One location that is next to a telephone designated for resident use. (d)  One location that is used for communal functions for residents, such as for dining or resident council meetings and activities. (Added by Stats. 2000, Ch. 451, Sec. 22. Effective January 1, 2001.)
CA Health & Safety Code § 1422.7 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1422.7.

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 reports for long-term health care facilities upon request. The state department shall provide the office with copies of all class “AA,” “A,” and “B” citations issued.(Added by Stats. 1984, Ch. 1632, Sec. 3.)
CA Health & Safety Code § 1423.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1423.5.

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 department shall develop a standardized methodology for conducting the central review of these deficiencies. The standardized methodology shall assess all of the following: (1)  The extent to which the survey team followed established survey protocols. (2)  The thoroughness of the investigation or review. (3)  The quality of documentation. (4)  The consistency in interpreting federal requirements. (b)  The state department shall develop a system for tracking patterns and a quality assurance process for preventing, detecting, and correcting inconsistent or poor quality survey practices. (c)  (1)  On or before December 1 of each year, the state department shall provide to the Legislature a summary of federal and state enforcement actions taken against nursing facilities during the previous state fiscal year. (2)  The report summarizing federal and state enforcement actions required under this subdivision shall be combined with the report required under Section 1438 into a single report. The time period for each report shall cover the previous state fiscal year. (Amended by Stats. 2001, Ch. 685, Sec. 17. Effective January 1, 2002.)
CA Health & Safety Code § 1424.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1424.1.

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 discovered and recorded by a facility if all of the following conditions have been met:(1) The facility maintains an ongoing quality assurance and patient care audit program, which includes maintenance of a quality assurance log which is made available to the state department at the commencement of each inspection and investigation. The facility shall retain this log for the current year and the preceding three years.(2) The violation was not willful and resulted in no actual harm to any patient or guest.(3) The violation was first discovered by the licensee and was promptly and accurately recorded in the quality assurance log prior to discovery by the state department.(4) Promptly upon discovery, the facility implemented remedial action satisfactory to the state department to correct the violation and prevent a recurrence. If the state department determines that remedial action voluntarily undertaken by the facility is unsatisfactory, the state department shall allow the facility reasonable time to augment the remedial action before the condition shall be deemed to be a violation.(b) Except as otherwise provided in this section, a quality assurance log which meets the criteria of this section shall not be discoverable or admissible in any action against the licensee. The quality assurance log shall be discoverable pursuant to a motion to produce under Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4 of the Code of Civil Procedure and admissible only for purposes of impeachment. However, the court, in a motion pursuant to Section 2025.420 of the Code of Civil Procedure, or at trial or other proceeding, may limit access to those entries which would be admissible for impeachment purposes.(c) The quality assurance log shall be made available upon request to any of the following:(1) Full-time state employees of the Office of the State Long-Term Care Ombudsman.(2) Ombudsman coordinators, as defined in Section 9701 of the Welfare and Institutions Code.(3) Ombudsmen qualified by medical training as defined in Section 9701 of the Welfare and Institutions Code, with the approval of either the State Long-Term Care Ombudsman or ombudsman coordinator.The licensee may make the quality assurance log available, in the licensee’s discretion, to any representative of the Office of the State Long-Term Care Ombudsman, as defined in Section 9701 of the Welfare and Institutions Code, without liability for the disclosure. Each representative of the Office of the State Long-Term Care Ombudsman who has been provided access to a facility’s quality assurance log pursuant to this section shall maintain all disclosures in confidence.(Amended by Stats. 2005, Ch. 294, Sec. 22. Effective January 1, 2006.)
CA Health & Safety Code § 1424.3 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1424.3.

1424.3.  (a) (1) Beginning January 1, 2023, if a licensee provider fails to pay a penalty assessed pursuant to Section 1424.5 or 1425 in full when all appeals have been exhausted and the department’s position has been upheld, the department shall give written notice to the licensee provider and related parties in which the licensee provider has an ownership or control interest of 5 percent or more that the department may take appropriate legal action to recover the unpaid penalty amount from the provider licensee’s financial interest in the related party. If the department determines, after two notifications, that the related parties are not financially viable or recovery is unlikely, the department shall document this determination. The documentation shall include the names of the related parties notified, detailed information on the methods used by the department to make the determination, and a clear justification for the department’s determination. The documentation of the department’s determination and supporting explanation shall be available to the public by request, unless the records are not subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of Government Code), in which case the department shall provide the reason for not disclosing the records.(2) When a citation is issued under Section 1424, the department shall give initial written notice to related parties of the basis for the citation, and the subsequent disciplinary action that is imminent if the violation is not remedied immediately, up to and including assessment of administrative penalties, for which the related party may be held responsible pursuant to this subdivision.(b) “Related party” has the same meaning as in Section 128734.(Added by Stats. 2021, Ch. 475, Sec. 3. (AB 1042) Effective January 1, 2022.)
CA Health & Safety Code § 1424.6 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1424.6.

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 a class B violation if the incident occurs in a distinct part long-term health care facility, and shall be subject to the penalties specified in Section 1424.5 for distinct part skilled nursing facilities or distinct part intermediate care facilities, or Section 1424 for other distinct part long-term health care facilities.(Added by Stats. 2013, Ch. 724, Sec. 3. (SB 651) Effective January 1, 2014.)
CA Health & Safety Code § 1425 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1425.

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 penalty in the amount of fifty dollars ($50) for each day that such deficiency continues beyond the date specified for correction. If the licensee disputes a determination by the state department regarding alleged failure to correct a violation or regarding the reasonableness of the proposed deadline for correction, the licensee may request an informal conference and contest such determination.(Amended by Stats. 1980, Ch. 1082.)
CA Health & Safety Code § 1426 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1426.

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 shall publish proposed regulations setting forth the criteria and, where feasible, the specific acts that constitute class “A” and “B” violations under this chapter. Not later than six months after the effective date of this chapter, the director shall adopt regulations setting forth criteria and, where feasible, specific acts constituting class “A” and “B” violations. The regulations shall be adopted as prescribed in Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the Government Code, except that such regulations shall not be adopted as emergency regulations pursuant to subdivision (b) of Section 11421 of the Government Code and shall not mandate a quality of care or new procedures which were not required on January 1, 1974, without providing additional reimbursement if the change in quality of care or the new procedures entail substantial new costs.For purposes of this section, “new costs” shall not include costs which are the direct or indirect consequence of meeting the requirements of the citation system established under this chapter.(Added by Stats. 1973, Ch. 1057.)
CA Health & Safety Code § 1427 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1427.

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 of a long-term health care facility, it shall be presumed that the required medication, treatment, or care has not been provided. (b)  The presumption established by this section may be rebutted by a licensee only upon a showing of a preponderance of the evidence. (c)  This presumption applies to any action against any long-term health care facility which is filed by the state department pursuant to this chapter or Chapter 2 (commencing with Section 1250). In any other action against a long-term health care facility, the court may apply the presumption when the interests of justice requires. (Repealed and added by Stats. 1985, Ch. 11, Sec. 11. Effective March 6, 1985.)
CA Health & Safety Code § 1428.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1428.1.

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 state department the minimum amount specified by law, or 65 percent of the amount specified in the citation, whichever is greater, for each violation within 15 business days after the issuance of the citation.(Amended by Stats. 2001, Ch. 685, Sec. 19. Effective January 1, 2002.)
CA Health & Safety Code § 1428.2 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1428.2.

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 and have no further legal effect, if the Attorney General has not filed an action in the court of competent jurisdiction, within one year from the date the facility notifies the State Department of Public Health of its intent to contest the citation in court.(Amended by Stats. 2011, Ch. 729, Sec. 6. (AB 641) Effective January 1, 2012.)
CA Health & Safety Code § 1429 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1429.

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, shall be prominently posted for 120 days. The citation or copy shall be posted in a place or places in plain view of the patients or residents in the long-term health care facility, persons visiting those patients or residents, and persons who inquire about placement in the facility.(1) The citation shall be posted in at least the following locations in the facility:(A) An area accessible and visible to members of the public.(B) An area used for employee breaks.(C) An area used by residents for communal functions, such as dining, resident council meetings, or activities.(2) The citation, along with a cover sheet, shall be posted on a white or light-colored sheet of paper, at least 81/2 by 11 inches in size, that includes all of the following information:(A) The full name of the facility, in a clear and easily readable font in at least 28-point type.(B) The full address of the facility, in a clear and easily readable font in at least 20-point type.(C) Whether the citation is class “AA” or class “A.”(3) The facility may post the plan of correction.(4) The facility may post a statement disputing the citation or a statement showing the appeal status, or both.(5) The facility may remove and discontinue the posting required by this section if the citation is withdrawn or dismissed by the department.(b) Each class “B” citation specified in subdivision (e) of Section 1424 that is issued pursuant to this section and that has become final, or a copy or copies thereof, shall be retained by the licensee at the facility cited until the violation is corrected to the satisfaction of the department. Each citation shall be made promptly available by the licensee for inspection or examination by any member of the public who so requests. In addition, every licensee shall post in a place or places in plain view of the patient or resident in the long-term health care facility, persons visiting those patients or residents, and persons who inquire about placement in the facility, a prominent notice informing those persons that copies of all final uncorrected citations issued by the department to the facility will be made promptly available by the licensee for inspection by any person who so requests.(c) A violation of this section shall constitute a class “B” violation, and shall be subject to a civil penalty in the amount of one thousand dollars ($1,000), as provided in subdivision (e) of Section 1424. Notwithstanding Section 1290, a violation of this section shall not constitute a crime. Fines imposed pursuant to this section shall be deposited into the State Health Facilities Citation Penalties Account, created pursuant to Section 1417.2.(Amended by Stats. 2011, Ch. 729, Sec. 7. (AB 641) Effective January 1, 2012.)
CA Health & Safety Code § 1429.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 2.4 - Quality of Long-Term Health Facilities|Section 1429.1.

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) of subdivision (a) of Section 1418, has one or more of the following remedies actually imposed for violation of state or federal requirements, the facility shall provide written notification of the action to each resident, the resident’s responsible party and legal representative, and all applicants for admission to the facility: (1)  Termination of the facility’s provider agreement to participate in the Medicare program, medicaid program, or both programs. (2)  Denial of Medicare or medicaid payment for new admissions to the facility. (3)  Denial by the Health Care Financing Administration of Medicare or medicaid payment for all individuals in the facility. (4)  A ban on admissions, of any type. (b)  A violation of the requirements of this section shall be a class “B” violation. (Added by Stats. 2000, Ch. 451, Sec. 28. Effective January 1, 2001.)