Section 535 - Review Procedures(a) When the Department of Health Care Services or its delegated agent withholds or rescinds the certification of a program, the program shall be given written notice of the action by certified mail. The notice shall be accompanied by a written statement setting forth the reasons and justifications for the action including any documents or information relied upon.(b) A program may request review of an action to withhold or rescind certification by sending a written request for review by certified mail to the Deputy Director, Behavioral Health, Department of Health Care Services, P.O. Box 997413, MS 2633, Sacramento, California 95899-7413. A request for review must be postmarked no later than fifteen (15) days after receipt of the notification required by subsection (a).(c) A program requesting review in accordance with this section shall be responsible for submitting in writing all documents, information, and arguments which the program wishes to be considered during the review. The documents, information, and arguments which the program wishes to be considered may be submitted with the request for review or sent separately by certified mail, but shall be postmarked no later than thirty (30) days after receipt of the notice required in subsection (a).(d) The Deputy Director, Behavioral Health, Department of Health Care Services or a designee shall review the notice and written justification for the action required by subsection (a), the request for review submitted by the program, and the documents, information and arguments submitted by the program. If deemed necessary for completion of the review, the Deputy Director, Behavioral Health, Department of Health Care Services may request clarification or additional information from the program.(e) A proposed decision to either affirm or reverse the action to withhold or rescind the certification of the program shall be prepared and submitted to the Director of the Department of Health Care Services.(f) The Director of the Department of Health Care Services may adopt the proposed decision as written, order the proposed decision rewritten, or direct that additional information be obtained.(g) A proposed decision shall become final when adopted by the Director of the Department of Health Care Services. Notice of the decision and a copy of the decision shall be sent to the program by certified mail. A decision adopted by the Director of the Department of Health Care Services which affirms the action to withhold or rescind the certification of the program shall become effective upon receipt by the program.Cal. Code Regs. Tit. 9, § 535
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without regulatory effect amending section and NOTE filed 8-12-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 33).
3. Change without regulatory effect amending subsections (b) and (d) filed 2-21-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 8). Note: Authority cited: Sections 4090 and 14700, Welfare and Institutions Code. Reference: Sections 4090, 4091, 5670, 5670.5 and 5671, Welfare and Institutions Code.
1. New section filed 1-3-91; operative 2-2-91 (Register 91, No. 7).
2. Change without regulatory effect amending section and Note filed 8-12-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 33).
3. Change without regulatory effect amending subsections (b) and (d) filed 2-21-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 8).