SECTIONS 1416.10-1416.12 - California Statutes

HEALTH AND SAFETY CODE

SECTION 1416.10-1416.12

1416.10. In conformity with the requirements of Section 1908(c) of
the Social Security Act (42 U.S.C. Sec. 1396g(c)), the program shall
have all of the following powers and duties:
(a) To develop, impose, and enforce standards that shall be met by
individuals in order to receive a license as a nursing home
administrator. At a minimum, the standards shall be designed to
ensure that nursing home administrators shall be individuals who have
not committed acts or crimes constituting grounds for denial of
licensure and who are qualified by training or experience in the
field of institutional administration to serve as nursing home
administrators.
(b) To develop and apply procedures, including examinations and
investigations, for determining whether an individual meets the
standards.
(c) To issue licenses to individuals who have been determined to
meet the standards, and to revoke or suspend licenses where grounds
exist for those actions.
(d) To establish and carry out procedures designed to ensure that
individuals licensed as nursing home administrators will, during any
period that they serve as an administrator, comply with the required
standards.
(e) To receive, investigate, and take appropriate action with
respect to any charge or complaint filed with the program alleging
that an individual licensed as a nursing home administrator has
failed to comply with the required standards.
(f) To conduct studies of the administration of nursing homes
within the state, with a view to the improvement of the standards
imposed for the licensing of nursing home administrators, and of
procedures and methods for the enforcement of standards with respect
to administrators of nursing homes who have been licensed under this
chapter.
(g) To receive and administer all funds and grants as are made
available to the program in order to carry out the purposes of this
chapter.
(h) To encourage qualified educational institutions and other
qualified organizations to establish, provide, and conduct training
and instruction programs and courses that will enable all otherwise
qualified individuals to attain the qualifications necessary to meet
the standards set by the program for licensed nursing home
administrators, and to enable licensed nursing home administrators to
meet the continuing education requirements for the renewal of their
licenses.
(i) To consult with and seek the recommendations of the
appropriate statewide professional societies, associations,
institutional organizations, and educational institutions in the
development of educational programs.
(j) To give due consideration to the recommendations of the
National Advisory Council on Nursing Home Administration, in
accordance with the provisions of subdivision (f) of Section 1908 of
Title XIX of the Social Security Act (42 U.S.C. Sec. 1396g(f)).

1416.12. The following enforcement actions taken by the department
against a facility and the name of the licensed administrator of the
facility shall be reported to the program.
(a) Temporary suspension orders.
(b) Final decertification from the Medi-Cal or Medicare programs
based on failure to meet certification requirements.
(c) Service of an accusation to revoke a facility's license.
(d) All class "AA" citations and three class "A" citations issued
to a facility with the same administrator within a one-calendar year
period. The department shall notify the program in the event that
citations are overturned or modified in citation review conference,
through binding arbitration, or on appeal.