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The California Department of Health has issued a new All Facilities Letter announcing a change in the enforcement process for long-term care facilities. The letter outlines a dual enforcement process, which involves issuing state citations and federal deficiency remedies for violations and deficiencies found during complaint investigations, entity-reported incident investigations, and licensing and re-certification surveys. The process is being implemented under the authority of Section 1423(a)(2) of the California Health and Safety Code. State citations for "A" and "AA" violations will be evaluated for processing as federal deficiencies, while federal survey findings with a scope and severity of "F substandard" or "G and above" will be evaluated for potential issuance as an "A" or "AA" citation. Federal remedies and state citations will be considered for federal and/or state deficiencies and violations cited, and remedies may be dually imposed. However, federal civil money penalties will not be recommended by the Licensing and Certification Program. Federal deficiencies and resulting federal remedies and/or state citations may be appealed through separate federal and state appeal processes.
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