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⭒ New Developments

Court Finds State Has “Endemic Inability” to Finish Complaint Investigations in Timely Manner

On November 15, San Francisco Superior Court judge Ethan Schulman granted a Writ of Mandate against the California Department of Public Health (CDPH) for failure to complete nursing home complaint investigations within the 60 day timeframes imposed by law.  Finding that CDPH “has not complied with the statutory deadlines in numerous respects” and that its noncompliance is “institutional and longstanding,” the Court ordered CDPH to develop a written plan to start complying with the law.  The deadlines for complaint investigation have been around for years but complainants still routinely wait months and months, and sometimes years, for their complaints to be resolved.

The lawsuit against CDPH was brought by Foundation Aiding the Elderly (FATE) which assists clients in filing nursing home complaints and having them resolved satisfactorily.