Report 2010-108 Recommendation 4 Responses

Report 2010-108: Department of Public Health: It Reported Inaccurate Financial Information and Can Likely Increase Revenues for the State and Federal Health Facilities Citation Penalties Accounts (Release Date: June 2010)

Recommendation #4 To: Public Health, Department of

To ensure that it complies with current state law and increases transparency, Public Health should adopt regulations for the administration of temporary management companies.

Annual Follow-Up Agency Response From May 2017

California Department of Public Health (CDPH) is developing temporary manager regulations. Due to delays in drafting the proposed regulations, CDPH anticipates the draft regulations will be available for public comment by the mid-2018.

  • Estimated Completion Date: June 2018

California State Auditor's Assessment of Annual Follow-Up Status: Pending


Annual Follow-Up Agency Response From June 2016

California Department of Public Health (CDPH) is developing temporary manager regulations. CDPH anticipates the draft regulations will be available for public comment by the end of 2016.

  • Estimated Completion Date: 12/2016

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented


Annual Follow-Up Agency Response From November 2015

Existing law provides the circumstances under which a temporary manager may be needed to safeguard the health and safety of residents. CDPH developed an internal process to select and install a temporary manager, including guidelines for qualifications and a temporary manager template contract that may be modified for each appointment. During its efforts to incorporate the guidelines into CDPH's Licensing and Certification Policy and Procedure Manual, CDPH determined that the guidelines constituted regulations under the rules of the Administrative Procedures Act. In October 2014, CDPH began developing regulations with an anticipated completion date of January 1, 2016.

  • Estimated Completion Date: January 1, 2016

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented


Annual Follow-Up Agency Response From October 2015

The status of this recommendation is unchanged.

  • Estimated Completion Date: 7/2016

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented


Annual Follow-Up Agency Response From October 2014

The status of this recommendation is unchanged.

  • Estimated Completion Date: 7/2016

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented


Annual Follow-Up Agency Response From October 2013

Existing law provides the circumstances under which a temporary manager may be needed to safeguard the health and safety of residents. CDPH developed an internal process to select and install a temporary manager, including guidelines for qualifications and a temporary manager template contract that may be modified for each appointment. By January 30, 2014, CDPH will incorporate these guidelines into Licensing and Certification's Policy and Procedures Manual. Incorporating these processes into the Policy and Procedures Manual will ensure consistency in application and transparency to the public. CDPH believes this fulfills the intent of the recommendation and regulations are not necessary.

  • Estimated Completion Date: January 30, 2014

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

As we noted on page 39 of our report, the California Health and Safety Code, Section 1325.5(m), requires Public Health to adopt regulations for the administration of temporary managers. Until the law is amended to remove this requirement, or Public Health adopts regulations as required, we do not belive that Public Health has implemented the recommendation.


Annual Follow-Up Agency Response From September 2012

CDPH agrees it should adopt regulations for the administration of temporary management companies.

CDPH has added the administration of temporary management companies to its regulations priority list for CDPH. The Department took into account the multiple packages that need to be promulgated and prioritized each package. Currently, the Department operates under a standardized review process for temporary management companies until a completed regulation package is adopted. The Department anticipates completion of a package addressing temporary management companies in 2016 or 2017.

  • Estimated Completion Date: December 2016 or 2017

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented


All Recommendations in 2010-108

Agency responses received after June 2013 are posted verbatim.


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