Lackner

Lackner v. St. Joseph Convalescent Hospital, Inc.

Good Law
106 Cal. App. 3d 542·165 Cal. Rptr. 198·1980 Cal. App. LEXIS 1898
Court of Appeal of CaliforniaJune 5, 1980Civ. 44772California5,086 words

Opinion

Opinion

Caldecott, J.

The issue presented on this appeal is the constitutionality of the citation and administrative hearing procedure (Health & Saf. Code, §§ 1423-1429) of the Long-Term Care, Health, Safety, and Security Act of 1973 (§§ 1417-1430) (hereinafter the Act). We hold that the procedure is constitutional.

The Act was passed with the express intent (1) to establish a citation system for the imposition of prompt and effective civil sanctions against long-term health care facilities in violation of the laws and regulations relating to patient care; (2) to establish an inspection and reporting system to insure that long-term health care facilities are in compliance with statutes and regulations pertaining to patient care; and (3) to establish a provisional licensing mechanism to insure that full-term licenses are issued only to those long-term health care facilities that meet state standards relating to patient care (§ 1417.1). In furtherance of this intent, section 1424 sets forth two classes of violations:

“(a) Class ‘A’ violations are violations which the state department determines present an imminent danger to the patients or guests of the long-term health care facility or a…

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