The Events Leading Up To An RCFE License Revocation Action
California Residential Care Facilities for the Elderly provide residential non-medical care to persons 60 years of age or older. These facilities are licensed by the Department of Social Services and must comply with pertinent sections of the Health and Safety Code and Title 22. To ensure compliance, D.S.S.’s Community Care Licensing Division sends Licensing Program Analysts (LPA’s) to inspect RCFE’s and, if necessary, issue Citations for non-compliance. Upon the issuance of a Citation the RCFE’s licensee is given an opportunity to appeal the Citation with C.C.L. Unfortunately, many RCFE licensees do not appeal these citations leading to an accumulation of Type A and Type B citations over several years. Some of these very same RCFE licensee’s find themselves on C.C.L.’s “shortlist” of “problem facilities” and experiences frequent inspections and even more citations. Eventually, these Citations may lead C.C.L. to conduct a Non-compliance Conference to discuss the licensee’s history of citations. Once the conference is concluded, C.C.L. often refers the case to D.S.S.’s Legal Division with a recommendation that the license be revoked. Sometime later, D.S.S. may pursue revocation of the RCFE license by serving the licensee with an Accusation.
The RCFE Licensee’s Decision
Once served with the Accusation the RCFE licensee must decide whether to fight the revocation of their license. If they choose to fight the revocation they must file a Notice of Defense before the deadline which varies depending on the method of service. Likewise, the RCFE licensee should decide whether to retain an attorney. A license defense attorney can represent the Licensee against the Department’s Legal Division and before the Office of Administrative Hearings.