1568.271. (a) Upon receipt of a complaint, other than a complaint alleging a denial of a statutory right of access to a medical foster home for veterans, the department shall make a preliminary review and, unless the department determines that the complaint is willfully intended to harass a licensee or is without a reasonable basis, conduct an onsite inspection within 10 days after receiving the complaint, except where the visit would adversely affect a licensing investigation or the investigation of other agencies, including, but not limited to, a law enforcement agency. In either event, the complainant shall be promptly informed of the department’s proposed course of action.
(b) Within 10 business days of completing an investigation of a complaint under this section, the department shall notify the complainant in writing of the department’s determination as a result of the investigation.
(c) A licensee, or employee of the licensee, shall not discriminate or retaliate in any manner, including, but not limited to, eviction or threat of eviction against a person receiving services from the licensee or against an employee of the licensee on the basis, or for the reason that, the person, employee, or any other person initiated or participated in the filing of a complaint, grievance, or a request for inspection with the department pursuant to this section or initiated or participated in the filing of a complaint, grievance, or request for investigation with the appropriate local or state ombudsman.
(d) This section shall not be construed to limit the authority of the department to inspect, evaluate, or investigate a complaint or incident, or initiate a disciplinary action, against a medical foster home for veterans or to take any action it may deem necessary for the health and safety of veteran residents placed with a medical foster home for veterans.
(e) If a local or state ombudsman receives a complaint relating to a licensed medical foster home for veterans, the local and, where applicable, the state ombudsman shall send a written report of the complaint to the department.
(f) If the department receives a complaint relating to a licensed medical foster home for veterans, the department shall send a copy of the complaint and the complaint findings to the United States Department of Veterans Affairs.
(g) If the department receives a complaint relating to a licensed medical foster home for veterans outside the department’s jurisdiction, the department shall cross-report the complaint to the appropriate agency.
(Added by Stats. 2022, Ch. 381, Sec. 2. (AB 2119) Effective January 1, 2023.)
Structure California Code