The California Department of Public Health (“CDPH”) oversees the licensing and certification of health care facilities in California. California Health & Safety Code section 100171 gives the Public Health Department the powers to revoke and suspend health care facility licenses as well as issue such facilities citations. Health & Safety Code section 1424 specifically lays out the citation system which includes imposing ‘A’ Citations for the most serious violations, ‘AA’ Citations, and ‘B’ Citations. Along with entailing potentially huge fines these citations can significantly damage a health care facility’s reputation. For example, Health & Safety Code section 1429 requires that such citations be posted prominently within the cited facility.
However, California health care facilities that receive citations from the CDPH are afforded the right to contest such citations (see CA Health & Safety Code section 1428). CA Health & Safety Code section 100171 gives cited facilities the right to request an administrative hearing before an administrative law judge pursuant to the procedures within the California Administrative Procedures Act (CA APA) (See CA Government Code sections 11500-11529). The administrative hearing and procedures process in California is very complicated and requires the guidance of an experienced California health care license defense attorney such as Jonathan Turner.
Other options for contesting a Citation are also possible including informal hearings or interviews and perhaps binding arbitration.
In sum, if you are a California health care facility and receive a citation or notice of other discipline from the CA Department of Public Health, you should contact CA professional license defense attorney Jonathan Turner right away. In fact, if you are even contacted by an investigator simply investigating a complaint against your health care facility, you should immediately contact Mr. Turner before talking to the state’s investigator. Mr. Turner may be able to prevent the investigation from progressing into a full-blown disciplinary action.
Administrative law attorney Jonathan Turner handles health care license citations, investigations and disciplinary actions all over California. Do not hesitate to contact him for a consultation.
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Telephone: (916) 471-6506
Fax: (916) 471-6508