(a) For purposes of this section, “suspension of new admissions” means a prohibition on admitting new residents to receive care or services in the facility.
(b) The department may order a suspension of new admissions for a facility in either of the following circumstances:
(1) The department finds that the facility has violated this chapter or any applicable regulations, the violation presents a direct and immediate risk to the health, safety, or personal rights of a resident or residents of the facility, and the violation is not corrected immediately.
(2) The facility has failed to pay a fine assessed by the department after the facility’s appeal rights have been exhausted.
(c) A suspension of new admissions for a failure to pay a fine, as described in paragraph (2) of subdivision (b), shall remain in effect until the facility pays the fine assessed by the department.
(d) A suspension of new admissions under paragraph (1) of subdivision (b) shall remain in effect until the department determines that the facility has corrected the violation. The department shall conduct a followup visit to determine compliance within 10 working days following the latest date of correction specified in the notice of deficiency, unless the licensee has demonstrated that the deficiency was corrected as required in the notice. The department may make unannounced visits after the suspension of new admissions is lifted to ensure that the facility continues to maintain correction of the violation. The department may order another suspension of new admissions or take other appropriate enforcement action if the facility does not maintain correction of the violation.
(e) A licensee may appeal a suspension of new admissions ordered under this section to the director. The department shall adopt regulations that specify the appeal procedure.
(f) A suspension of new admissions ordered under this section shall not be stayed pending the facility’s appeal or request for review.
(Added by Stats. 2014, Ch. 706, Sec. 1. (SB 1153) Effective January 1, 2015.)
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