Enforcement - Home Care Services - Health & Safety - CA

Section § 1796.55

If a home care organization breaks any rules under this law, they can face fines or have their license affected. When a violation happens, the department will give them a written notice explaining what rules were broken and what actions might be taken, such as creating a correction plan or facing penalties.

The organization is also informed of their right to a hearing. Fines can be up to $900 each day the issue continues. The department will set up rules for handling notices, correction plans, appeals, and hearings.

(a) A home care organization that operates in violation of any requirement or obligation imposed by this chapter or any rule or regulation promulgated pursuant to this chapter may be subject to the fines levied or licensure action taken by the department as specified in this chapter.

(b) When the department determines that a home care organization is in violation of this chapter or any rules or regulations promulgated pursuant to this chapter, a notice of violation shall be served upon the licensee. Each notice of violation shall be prepared in writing and shall specify the nature of the violation and the statutory provision, rule, or regulation alleged to have been violated. The notice shall inform the licensee of any action the department may take pursuant to this chapter, including the requirement of a plan of correction, assessment of a penalty, or action to suspend, revoke, or deny renewal of the license. The director or his or her designee shall also inform the licensee of rights to a hearing pursuant to this chapter.

(c) The department may impose a fine of up to nine hundred dollars ($900) per violation per day commencing on the date the violation was identified and ending on the date each violation is corrected.

(d) The department shall adopt regulations establishing procedures for notices, correction plans, appeals, and hearings.

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Section § 1796.57

This law makes it a misdemeanor, which is a type of crime, for someone to pretend to be either applying for a home care aide position or being a registered home care aide when they are not.

It is a misdemeanor for a person to falsely represent or present himself or herself as a home care aide applicant or registered home care aide.

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Section § 1796.58

If someone breaks the rules of this chapter or keeps breaking a related rule or regulation on purpose, they're committing a misdemeanor. This means they could be fined up to $1,000, spend up to 180 days in county jail, or face both penalties.

Any person who violates this chapter, or who willfully or repeatedly violates a rule or regulation promulgated under this chapter, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in a county jail for a period not to exceed 180 days, or by both that fine and imprisonment.

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Section § 1796.59

This law allows district attorneys in every county, and city attorneys in certain cities, to prosecute violations related to this chapter or its associated rules and regulations. They can do this on their own or upon request from the department. Additionally, the law makes it clear that the department can use various remedies—civil, criminal, or administrative—in any combination to enforce this chapter and its rules.

(a) Notwithstanding any other provision of this chapter, the district attorney of every county, and city attorneys in cities that have city attorneys who have jurisdiction to prosecute misdemeanors pursuant to Section 72193 of the Government Code, may, upon their own initiative or upon application by the department or its authorized representative, institute and conduct the prosecution of any action for violation within their county of this chapter or a rule or regulation promulgated under this chapter.

(b) The civil, criminal, and administrative remedies available to the department pursuant to this chapter are not exclusive, and may be sought and employed in any combination as determined by the department to enforce this chapter or a rule or regulation promulgated under this chapter.

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