Residential Care Facilities in Long Beach and greater Los Angeles County have the difficult task of providing 24-hour elder care while complying with Title 22 regulations. From very specific regulations such as water temperature (22 CFR § 87303(e)(2)) to subjective regulations like sufficient staffing, perfect compliance is more aspiration than reality. Nevertheless, some zealous L.P.A.’s target certain RCFE’s and issue numerous Type A and B citations. Without timely appeals these citations may create a perceived pattern of non-compliance that trigger license revocation proceedings.
Accusation & Notice of Defense
Notice of the administrative license revocation action is delivered in the form of an Accusation, a legal document that gives the licensee formal notice of the action and information on filing a Notice of Defense. Upon receipt of the Accusation the licensee has limited time to file a Notice of Defense and thereafter request Discovery. If a Notice of Defense is not timely filed the licensee may forfeit their license and lose their right to a formal administrative hearing.
After receiving an Accusation the first thing any licensee should do is call an RCFE license defense attorney. The attorney will closely review the Accusation and learn more about the facts leading up to the revocation action. At the end of the consultation the attorney will quote a fee for representation. While many attorneys charge by the hour and only accept checks as payment, attorney Michael Benavides charges a flat fee payable by check or credit card.
Michael Benavides also represents RCFE’s at non-compliance conferences. For many RCFE’s the non-compliance conference is the last step before service of an Accusation and license revocation proceedings. Through representation at the non-compliance conference Michael Benavides will attempt to mitigate C.C.L.’s regulatory concerns and develop a plan for compliance in lieu of license revocation. If a plan for compliance can be reached and service of the Accusation forestalled clients will save thousands of dollars in attorney fees and avoid a formal administrative hearing.