Michael Benavides understands that RCFE’s in Bankersfield and Southern California have the difficult task of providing 24-hour elder care in perfect compliance with Title 22 regulations. For many RCFE’s substantial compliance is possible with an accommodating LPA, but for others substantial compliance results in numerous Type A and B citations with overly zealous LPA’s and the regional C.C.L. office. When this occurs the Department of Social Services may eventually initiate a license revocation proceeding against the RCFE licensee.
If you have received an Accusation you have limited time to retain an attorney and file a Notice of Defense. To receive a free phone consultation with RCFE attorney Michael Benavides call (916) 596-1018.
The Department sends formal notice of a license revocation action against an RCFE licensee through service of an “Accusation” which is a legal document containing the allegations against the licensee in support of revoking the RCFE license and information for the licensee on filing a Notice of Defense. (In addition, the Accusation may be accompanied by a Temporary Suspension Order in cases where the Department believes there is an imminent risk to resident health and safety). When the licensee receives an Accusation they have limited time to file a Notice of Defense; if they do not file a Notice of Defense by the deadline they may forfeit their opportunity to receive a formal administrative hearing & thereby an opportunity to save their license.
Many RCFE licensees facing a revocation action are concerned about the total cost of hiring an attorney. To help licensees afford legal representation attorney Michael Benavides charges flat fees payable by credit card. The flat fees help licensees understand the total cost of defending their license and budget accordingly. Likewise, his acceptance of payment by credit card allows licensees to finance legal representation.
Is It Worth Defending Your License?
Unfortunately, many RCFE licensees facing a license revocation action question whether it’s worthwhile to defend their license. After months of unannounced inspections, fines and citations the prospect of continuing operations can be daunting. However, some licensees are able to continue operations after hiring a license defense attorney. In past cases Michael Benavides has successfully reached a settlement with D.S.S. that allows continued operations under a probationary license.