Long-Term Care Facility Citation Penalty Accounts Reports
Health and Safety Code Section 1417.2. (a) Notwithstanding Section 1428, moneys collected as a result of state and federal civil penalties imposed under this chapter or federal law shall be deposited into accounts that are hereby established in the Special Deposit fund created pursuant to Section 16370 of the Government Code. These accounts are titled the State health Facilities citation Penalties Account, into which moneys derived from civil penalties for violations of state Law shall be deposited, and the Federal Health Facilities Citation Penalties Account, into which moneys derived from civil penalties for violations of federal Law shall be deposited. Moneys from these accounts shall be used, notwithstanding Section 16370 of the Government code. Upon appropriation by the Legislature, in accordance with state and federal law for the protection of health or property of residents of long-term health care facilities, including but not limited to, the following.
(1) Relocation expenses incurred by the department, in the event of a facility closure.
(2) Maintenance of facility operation pending correction of deficiencies or closure, such as temporary management or receivership in the event that the revenues of the facility are not sufficient.
(3) Reimbursing residents for personal funds lost in the event that the loss is a result of the actions of a long-term health care facility or its employees, the revenue of the facility shall first be used.
(4) Costs associated with informational meetings required under Section 1327.2
(5) Support for the Long-Term Care Ombudsman Program established pursuant to Chapter 11 (commencing with Section 9700) of Division 8.5 of the Welfare and Institutions Code in an amount appropriated from the State Health Facilities Citation Penalty Account for this purpose in the annual Budget Act.
(b) Notwithstanding subdivision (a), the balance in the State Health Facilities Citation Penalty Account shall not, at any time, exceed ten million dollars ($10,000.00).
(c) Moneys form the Federal Health Facilities Citation Penalty Account, in the amount not to exceed one hundred thirty thousand dollars ($130,000), may also be used, notwithstanding Section 16370 of the Government Code upon appropriation by the Legislature, in accordance with state and federal law for the improvement of quality of life for long-term health care facilities residents pursuant to Section 1417.3
(d) The department shall post on its Internet Web site, and shall update on a quarterly basis, all of the following regarding the funds in the State Health Facilities Citation Penalties Account and the Federal Health Facilities Citation Penalty Account:
(1)The specific sources of funds deposited into the account.
(2) The amount of funds in the account that have been allocated.
(3) The detailed description of how funds in the account have been allocated and expended, including but not limited to, the names of person or entities that received the funds, the amount of salaries paid to temporary managers, and a description of equipment purchased with the funds. However, the description shall not include the names of residents.
Health and Safety Code Section 1417.3. The department shall promote quality of care and quality of life for residents, clients, and patients in long-term health care facility services through specific activities that include, but are not limited to, all of the following:
(a) Research and evaluation of innovative facility resident care models.
(b) (1) Provision of statewide training on effective facility practices.
(2) Training also shall include topics related to the provision of quality of care and quality of life for facility residents. The topics for training shall be identified by department through a periodic survey. The curriculum for the training provided under this paragraph shall be developed in consultation with representatives from provider associations, consumer associations, and others, as deemed appropriate by the state department.
(c) The establishment of separate units to respond to facility requests for technical assistance regarding licensing and certification requirements, compliance with federal and state standards, and related operational issues.
The California Department of Public Health (CDPH), Center for Health Care Quality (CHCQ), Licensing and Certification (L&C) Program is authorized (not required) by HSC § 1327 (2) and § 1417.2 and by §488.442(g) of the Code of Federal Regulations, Title 42, Chapter IV, to fund Temporary Managers/Receiverships. The sources of funding for these activities are the State Health Facilities Citation Penalty Account and the Federal Health Facilities Citation Penalty Account.
Annual Budget Act appropriations from both the state and federal accounts are provided to the CDPH, CHCQ, L&C for all of the purposes identified above. CDPH uses the funds primarily for temporary management appointments and improvement of quality care in long-term health care facilities. The Department of Aging receives an annual Budget Act appropriation from the state account for its Ombudsman Program.
State Health Facilities Citation Penalties Account (PDF)
Federal Health Facilities Citation Penalties Account (PDF)
*If you are having difficulty accessing any document, please contact CDPH at CHCQweb@cdph.ca.gov to request the information in an alternate format.