California Department of Public Health Takes Enforcement Action Against Three Developmental Centers

Sacramento, California - The California Department of Public Health (CDPH) notified the public about federal enforcement action taken at the Department of Developmental Services’ (DDS) Porterville, Lanterman and Fairview Developmental Centers’ Intermediate Care Facilities-Individuals with Intellectual Disabilities (ICF-IID).

These actions are in response to deficiencies identified that place the Centers out of compliance with federal standards set by the Centers for Medicare and Medicaid Services (CMS). The department’s actions begin the process of decertifying the Center’s ICF-IID beds from the Medicaid program. The Department of Developmental Services’ three facilities have appealed the termination actions. These actions do not impact the facilities’ ability to operate and they will continue to do so under close oversight by CDPH.

“CDPH is responsible for and committed to ensuring the quality of care provided at all hospitals in California,” said Dr. Ron Chapman, CDPH director and state public health officer. “The actions we’re taking today are necessary to ensure that the Developmental Centers improve the quality of care at these facilities.”

CDPH’s Licensing & Certification Program is responsible for oversight of health care facilities compliance with state laws and regulations. CMS also contracts with the program to conduct federal certification surveys and compliance investigations to ensure facilities meet federal requirements.

The Porterville, Lanterman and Fairview Developmental Centers ICF-IIDs are a supplemental service provided under the General Acute Care Hospital license. These facilities provide service to 430 persons with developmental disabilities.

These facilities have been under review by CDPH throughout 2013 due to continued non-compliance. CDPH has conducted state complaint investigations and federal recertification surveys at these facilities, documenting deficient practices and chronic systems failures in providing patient care.

During the 2013 annual recertification surveys of these facilities, and/or follow-up surveys, all three ICF-IIDs were found to be in out of compliance with several Conditions of Participation (COPs) for Medicaid certification and had situations involving immediate jeopardy. Facilities are required to meet certain conditions in order to qualify for Medicaid funding.

• The ICF-IID at Fairview Developmental Center was found to have 2 of 8 COPs out during its annual recertification survey in May of 2013. During its follow up survey in September, it was found to have 4 of 8 COPs out and 2 Immediate Jeopardy situations.

• The ICF-IID at Porterville Developmental Center was found to have 3 COPs out and 1Immediate Jeopardy during its recertification survey in July. During its follow-up survey in October 2013, it was found to have 6 of 8 COPs out and four Immediate Jeopardy situations.

• The ICF-IID at Lanterman Developmental Center was found to have 3 of 8 COPs out and 1Immediate Jeopardy during its recertification survey in September.

CDPH continues to work with DDS to identify a mechanism to allow Medicaid certification to continue, while the facilities have the needed time to make improvements that will achieve compliance with federal and state rules and regulations and ensure quality patient care through effective delivery of care and protection of clients.

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