Who Do You Call to Make a Complaint Agains a Rehab Facility in Ca

How to File a Complaint Against a Nursing Habitation

How to File a Complaint

Licensing & Certification District Offices

Sample Nursing Home Complaint Grade*

Click here for a PDF of this fact sheet with the complaint grade

* This is for Nursing Dwelling complaints but.
To file a complaint against an RCFE/Assisted Living Facility, click here.

How To File a Complaint

Phase i - Filing the Complaint

Who Tin can File a Complaint?

Whatsoever person (non just residents or their family members) or arrangement can file a complaint near a nursing habitation with the Licensing and Certification Sectionalization of the California Section of Public Health (DPH). DPH is the state agency that enforces nursing home laws and regulations through regular inspections and complaint investigations. File a complaint with DPH when problems are serious and/or other steps to resolve your concerns have not been effective.

What Can I File a Complaint About?

You can file a complaint virtually abuse, neglect and any other affair protected by police force. For instance, you can file a complaint most violations of your rights, poor care, lack of staffing, unsafe weather condition, mistreatment, improper charges, transfer and discharge concerns, and a failure to readmit you after a hospital stay.

In Addition to Filing a Complaint with DPH

Although you are not required to effort other dispute remedies first, it is usually all-time to practice so.

Start by communicating with staff of the facility or a family quango if 1 exists. Another option is contacting the long term intendance ombudsman part in your county for help (http://www.aging.ca.gov/Programs/LTCOP/Contacts/). The ombudsman program helps residents resolve concerns near their care and rights. The ombudsman does not have whatsoever powers or direct dominance over the nursing abode, however, it can try to resolve the complaint with the nursing home, limited concerns with outside officials and help you lot file a formal complaint with DPH.

If your concerns are not resolved, file a complaint with DPH.

Where Do I File a Complaint?

Encounter the list of DPH Licensing and Certification commune offices below to find the district office for your area.

How Do I File a Complaint?

Complaints may be made orally or in writing. If you telephone in a complaint, follow upwardly with a written complaint to ensure that at that place is a paper trail. Attached is a form yous may utilize to file a complaint.

What Data Should I Include in My Complaint?

Taking notes or keeping a written log will enable you lot to think specifics later. When writing a complaint, exist brief, concise, and complete. No investigator wants to read a long letter to figure out what's going on. Stick with the facts ("the nurse hit my female parent"), and avoid stating generalities or making legal conclusions such as "the facility is guilty of elderberry abuse."

Your complaint should include:

Name and address of the facility
Your proper name, address, phone number, and relation to the resident
Proper noun of the resident on whose behalf the complaint is fabricated
Engagement(s) and fourth dimension(s) of incidents
Specific complaints
Names of witnesses (including other health care providers, such as infirmary personnel or paramedics)
Names of staff, if relevant to the complaint
Records that should be examined

Phase ii - Notifying Other Authorities of Your Complaint

Should I Notify Other Agencies or People Most My Complaint?

Yes, other organizations may have authority to investigate your complaint or be able to requite you advocacy support or information. Also, DPH may give your complaint meliorate attention if information technology knows you accept alerted other authorities. Send a copy of your complaint to CANHR, the local ombudsman part, and to:

Your California Assembly Member and Senator: Your elected officials need to know what is happening in California's licensed facilities. They make the laws governing nursing homes and DPH. If DPH does not answer properly to your complaint, tell your legislators most your experience and urge them to take activeness. You can identify the Assembly Fellow member and Senator for your district at:
http://www.legislature.ca.gov/legislators_and_districts/legislators/your_legislator.html
The Bureau of Medi-Cal Fraud & Elder Corruption (BMFEA): Send BMFEA a copy of your complaint if it involves serious neglect, abuse or Medi-Cal fraud. The BMFEA is a division of the California Attorney General'south office and it investigates and prosecutes those who abuse and neglect elders and developmentally disabled residents in Medi-Cal funded facilities such every bit nursing homes and hospitals. Examples of abuse include a slap, multiple force per unit area ulcers, financial corruption ($1000 or above), sexual abuse or verbal/mental abuse. At that place are three ways to file your complaint: (i) Call it in at 800-722-0432; (2) File your complaint on-line at https://oag.ca.gov/bmfea/reporting; or (3) Mail a copy of your complaint to the California Department of Justice, Part of the Chaser General, Bureau of Medi-Cal Fraud and Elderberry Corruption, P.O. Box 944255, Sacramento, CA, 94244-2550.

Stage 3 - Investigation

After Yous Have Made a Complaint - What Happens Next?

DPH must notify you of the name of the assigned investigator within two (2) working days of receipt of your complaint. California Health & Safety Code §1420(a)(i). Information technology is a good idea to telephone call the assigned investigator prior to the onsite investigation to ensure the investigator is familiar with the details of your complaint and to discuss the planned investigation.

Under California police force, DPH must brainstorm an onsite investigation of your complaint within 10 (x) working days of receipt. If the complaint involves a threat of imminent danger of decease or serious bodily harm, DPH must investigate onsite within 24 hours of receipt of the complaint. California Health & Safety Code §1420(a)(i).

As a result of a CANHR lawsuit, DPH is under court order to comply with the investigation timelines. CANHR is advisedly monitoring its compliance with the court order. Delight notify us if your complaint is non investigated within the above timelines.

In that location are also deadlines for completing complaint investigations. Investigations of all types of nursing home complaints filed on or after July one, 2018 must be completed within 60 days of receipt. In extenuating circumstances, the deadline can be extended by up to 60 days upon written notification to the complainant and facility. California Health & Safety Code §1420(a)(v).

There are less strict deadlines for completing investigations of complaints filed prior to July 1, 2018.

Investigations of complaints filed from July 1, 2016 through June xxx, 2018 involving a threat of imminent danger of death or serious actual harm must be completed within 90 days of receipt. In extenuating circumstances, the deadline can be extended by up to 60 days upon written notification to the complainant and facility. California Health & Prophylactic Code §1420(a)(three).
Investigations of complaints filed from July 1, 2017, through June 30, 2018 that practise non involve threats of imminent danger of death or serious bodily impairment must be completed within xc days of receipt. In extenuating circumstances, the borderline can be extended past up to ninety days upon written notification to the complainant and facility. California Wellness & Safe Code §1420(a)(4).

DPH must issue any citations resulting from its investigative findings inside xxx days of completion of the complaint investigation. California Wellness & Safe Lawmaking §1420(f). Citations are country fines that DPH can impose for certain types of violations.

What Are My Rights as a Complainant?

You must be notified of the name of the assigned investigator within 2 working days of your complaint. California Wellness & Safety Code §1420(a)(1).
Y'all have the correct to exist free from retaliation for a complaint. California law prohibits a facility from discriminating or retaliating against a resident or employee who cooperates in an investigation. Any type of discriminatory treatment within 180 days after a complaint is filed is presumed to be retaliatory and is punishable by a civil fine of up to $x,000. California Wellness & Safety Code §1432.
Y'all have the right to remain anonymous. California Wellness & Condom Lawmaking §1432(h). California law requires that DPH keep your identity (and that of any other person named in the complaint) anonymous to the facility. California Health & Safety Code §1419(e). In your complaint, you lot can also specifically request to remain anonymous. Delight annotation that anonymity can sometimes get in difficult to substantiate a complaint.
Y'all take the right to accompany the investigator to the facility. If yous wish to practise so, include this request in your complaint. DPH should give you lot up to half working day notice of their scheduled, unannounced visit to the facility. Requests to accompany the investigator may non be granted if DPH determines that doing and so would violate residents' privacy. California Health & Safety Code §1420(a).
Yous have the right to a response. At the completion of its investigation, DPH must notify you in writing of its findings and of your right to appeal. California Wellness & Safety Code §1420(a)&(b).

Stage 4 - The Appeals Process

What If I'm Dissatisfied with DPH's Findings?

If you are dissatisfied with DPH'due south findings, you take the right to an informal conference. To request the informal conference, write to the DPH commune office manager within 30 calendar days of from receipt of the findings ("Results of Complaint Investigation" alphabetic character). Middle for Wellness Intendance Quality Policy & Process 19-03.

The conference should be scheduled inside 30 days of your appeal; you will meet with the DPH district managing director (or designee) and possibly the nursing habitation administrator. Inside 10 working days after the informal briefing, DPH should notify both you and the facility of its determinations. You have the correct to accept an attorney with you.

What If I'thousand Dissatisfied with the Results of the Informal Conference?

If you are dissatisfied with the results of the informal conference, you may appeal to the Deputy Manager at: California Department of Public Health, Center for Healthcare Quality, P.O. Box 997377, Sacramento, CA 95899–7377. To file this appeal, you have 15 days from receipt of the findings of the informal conference. A representative from the Complainant Appeals Unit of measurement will review the findings from the initial investigation and the informal conference. You take the right to request an interview with this representative. Based on the Appeals Unit review, the Deputy Manager must make a terminal determination and notify you and the facility within thirty days. No farther appeals are available through DPH.

Despite your legal right to entreatment, DPH oft ignores complainant appeals. If it does non respond to your appeal in a timely fashion, call CANHR for advice.

Stage 5 - Ensuring Proper Investigation

Aid! DPH Hasn't Gotten Back to Me in a While - What Do I Do?

If DPH does not go along yous notified equally detailed above, contact it to check on the condition of your complaint. Know your complaint number, too equally the name and direct phone number of the investigator. Keep a timeline of all correspondence and communications with DPH.

If the assigned investigator is not responsive, piece of work the DPH chain of command. Contact the investigator's supervisor, so the district manager if necessary. Advise the legislators for your commune and the ombudsman function if they do not take appropriate action to address your concerns.

Call CANHR at 800-474-1116 to talk over boosted advocacy steps if your complaint is not addressed to your satisfaction.

You tin can discover your complaint and appeal rights in the California Health & Safe Lawmaking, Sections 1419 and 1420. The California Wellness & Prophylactic Codes are available online at:
http://leginfo.legislature.ca.gov/faces/codes.xhtml

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Key, by County, to Licensing and Certification District Offices

Notice the county where the nursing domicile is and use the corresponding number to send the complaint to the appropriate Licensing and Certification District Office Location address beneath. The respective hyperlinks will prove the appropriate office information.

Alameda-01	Kings-05	Placer-10	Shasta-03
Tall-ten	Lake-07	Plumas-03	Sierra-03
Amador-10	Lassen-03	Riverside-09	Siskiyou-03
Butte-03	Los Angeles-06	Sacramento-10	Solano-07
Calaveras-ten	Madera-05	San Benito-xiii	Sonoma-07
Colusa-03	Marin-07	San Bernardino-11	Stanislaus-10
Contra Costa-01	Mariposa-05	San Diego-12	Sutter-03
Del Norte-07	Mendocino-07	San Francisco-04	Tehama-03
El Dorado-10	Merced-05	San Joaquin-x	Trinity-03
Fresno-05	Modoc-03	San Luis Obispo-14	Tulare-02
Glenn-03	Mono-11	San Mateo-04	Tuolumne-10
Humboldt-07	Monterey-13	Santa Barbara-xiv	Ventura-14
Royal-12	Napa-07	No. Santa Clara-13	Yolo-ten
Inyo-11	Nevada-03	Then. Santa Clara-13	Yuba-03
Kern-02	Orangish-08	Santa Cruz-thirteen

Licensing and Certification District (LCD) Office Addresses

Find the county office for a detail facility by using the table higher up.

Eastward Bay Commune Part
850 Marina Bay Parkway, Bldg. P, 1st Fl,
Richmond, CA 94804-6403
(510) 620-3900 Toll Gratis (866) 247-9100
Fax: (510) 620-3924, (510) 620-5820
Bakersfield Office
4540 California Artery, Suite 200 Bakersfield, CA 93309
(661) 336-0543 Price Gratuitous (866) 222-1903
Fax: (661) 336-0529
Chico Function
126 Mission Ranch Blvd., Chico, CA 95926
(530) 895-6711 / (800) 554-0350
Fax: (530) 895-6723
San Francisco Office
150 Due north Hill Bulldoze, Suite 22, Brisbane, CA 94005
(415) 330-6353 / (800) 554-0353
Fax: (415) 330-6350
Fresno Office
285 W. Bullard, Suite 101, Fresno, CA 93704
(559) 437-1500 / (800) 554-0351
Fax: (559) 437-1555
Los Angeles Office
12440 Due east. Imperial Highway, Room 522
Norwalk, CA 90650 (562) 345-6884 / (800) 228-1019
Fax: (562) 409-5096
Santa Rosa/ Redwood Coast Commune Office
2170 Northpoint Parkway, Santa Rosa, CA 95407
(707) 576-6775 / Toll Free: (866) 784-0703
Fax: (707) 576-2037
Orangish Canton Office
681 S. Parker Street, Ste. 200, Orange, CA 92868
(714) 567-2906 / (800) 228-5234
Fax: (714) 567-2815
Riverside Office
625 E Carnegie Dr., Ste. 280
San Bernardino, CA 92408
(909) 388-7170 Price Gratis: (888) 354-9203
Fax: (909) 388-7174
Sacramento Office
3901 Lennane Dr., Ste. 210, Sacramento, CA 95834
(916) 263-5800 / (800) 554-0354
Fax: (916) 263-5840
San Bernardino Office
464 West Quaternary St., Ste. 529,
San Bernardino, CA, 92401
(909) 383-4777 / (800) 344-2896
Fax: (909) 888-2315
San Diego
7575 Metropolitan Dr., Ste. 211, San Diego, CA 92108
(619) 278-3700 / Toll Free (800) 824-0613
Fax: (619) 278-3725
San Jose Role
100 Paseo de San Antonio, Ste. 235,
San Jose, CA 95113
(408) 277-1784 / (800) 554-0348
Fax: (408) 277-1032
Ventura Office
1889 North. Rice Avenue, Ste. 200, Oxnard, CA 93030
(805) 604-2926 / (800) 547-8267
Fax: (805) 604-2997

Sample Nursing Habitation Complaint Course

The form below may be used as a guide for what to include when filing a complaint.

Download a printable complaint grade hither (pdf).

Appointment Completed: _______________

Name of person filing complaint: _________________________________

Accost: ___________________________________________________

City: __________________________ State: _______ Nil: ____________

Daytime phone: ___________________ Evening: ___________________

Email: _____________________________________________________

Name of facility: ______________________________________________

Accost of facility: ____________________________________________

City: ___________________________ State: ______ Zip: ____________

Name of NH resident on whose behalf the complaint is made:

Complaint:

Engagement(s) of incident: _______________

Shift(due south) when incident(southward) occurred, if known:

Witnesses (including health intendance professionals):

Records that should be examined:

Name of staff person(s) if violation involves activity or lack of action by staff:

Mark the post-obit spaces that apply:

I am sending a copy to the Chaser Full general.

	I have sent a copy of my complaint to the advisable Licensing and Certification district part of the California Department of Public Health.
	I am also sending CANHR a copy of this complaint.
	I accept sent the Ombudsman Program a copy of this complaint.
	I am sending my California State Legislator a copy of this complaint.
	I am sending a copy to the Attorney Full general.
	I want to know the name of the investigator assigned to this complaint.
	I want to talk with the investigator before s/he goes to the facility for an onsite visit.
	I want to accompany the investigator to the facility when the complaint investigation is being done.
	I desire to remain anonymous. I do non desire my name or identity known to the nursing facility.
	I desire a copy of the last complaint report, and notice of my rights if I am not satisfied with your findings.

Page Last Modified: October 24, 2019

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Source: http://www.canhr.org/factsheets/nh_fs/html/fs_NH_complaint.htm