Operating a Residential Care Facility for the Elderly requires compliance with an ever expanding set of Title 22 regulations. With that in mind, some well-meaning RCFE licensees find themselves at odds with Community Care Licensing. Upon a critical event such as a resident health condition or accident, or a short period of technical title 22 violations, the LPA may target the RCFE facility and issue numerous citations. With mounting citations based upon the LPA’s questionable interpretation of Title 22 the Department of Social Services may hold a Non-compliance conference or serve the licensee with an Accusation seeking revocation of the RCFE license.
If you have been served with an Accusation seeking revocation of your license to operate a residential care facility for the elderly call Northern California license defense attorney Michael Benavides at (916) 596-1018. Michael Benavides has substantial experience defending RCFE’s against the Department of Social Services in formal administrative hearings and has negotiated favorable settlement agreements for troubled facilities. To receive a free consultation today call Michael Benavides at (916) 596-1018.
Interpreting Title 22
Your licensing program analyst may have you believe that Title 22 regulations are not open to interpretation, but that is far from the truth. In reality, very little secondary authority exists to substantiate C.C.L.’s interpretation of Title 22 apart from the Evaluator Manual when applicable and plain language interpretation. Unsurprisingly, LPA’s who have no legal training make regulatory interpretations on the spot that run counter to researched and reasoned interpretations of Title 22. Accordingly, many RCFE’s have stronger defenses at the formal administrative hearing than the Department may originally acknowledge. Therefore, engaging an RCFE license defense attorney to highlight the weaknesses in the Department’s case can make the difference between losing and saving your license.
The First Call
The first step in saving your license is to call a license defense attorney for a free consultation. The attorney will review the Accusation, ask questions about the fact pattern and provide a reasonable quote for legal representation. Once retained the attorney will submit your Notice of Defense, contact the Department’s attorney to confirm representation, and begin preparing and requesting discovery. Once the attorney has a better understanding of the Department’s case they may engage in settlement negotiations to achieve your goals without the cost of a formal administrative hearing. In the event settlement cannot be reached the attorney will represent you before the Office of Administrative Hearings against the Department of Social Services in a formal administrative hearing.
To receive a free consultation today with RCFE attorney Michael Benavides call Sacramento Law Group at (916) 596-1018.