The California Department of Health Care Services (DHCS) requires licensed drug rehab facilities to follow certain standards in order to operate.
A violation of these codes and regulations can help patients hurt in rehab facilities prove negligence and earn support for injury recovery.
Complaints can be made to the DHCS, starting an investigation, with the results serving as evidence for a personal injury or medical malpractice civil case.
Regulations for California Substance Use Disorder Facilities
Substance Use Disorder Facilities must operate with a California DHCS license when they offer certain services. These services include detox treatment, individual and group counseling, treatment planning, and incidental medical services.
Licensed facilities must also earn at least one Level of Care (LOC) Designation from the DHCS. The designation facilities need to earn will depend on the level of services they provide.
Inpatient facilities can also fulfill this requirement by getting American Society of Addiction Medicine (ASAM) LOC Certification. To meet the criteria, facilities would need to meet certain standards set by the ASAM regarding, in part, how patients are evaluated and admitted, how staff members are selected, and how safe and secure their facilities are.
When facilities ignore the procedures and standards they’ve pledged to follow, they can be held liable for putting patients at unnecessary risk. State investigators can shed light on violations through investigations of the facility owners, the facility staff, and Alcohol or Other Drug (AOD) counselors.
Documentation of these violations can become evidence for an injury claim, helping victims and their families get recovery help after a devastating injury occurs.
Can Sober Living Homes Be Investigated by the DHCS?
No, the DHCS generally does not investigate sober living homes or other types of unlicensed facilities.
So-called sober living homes or alcohol and drug-free housing wouldn’t usually be licensed by the DHCS or under their control. These businesses don’t usually provide licensable services.
However, if a sober living home was providing unauthorized services only a licensed facility was allowed to offer, the home could come under scrutiny.
These types of recovery homes can also be in violation of certain local requirements overseen by city and county authorities.
Reporting a California Rehab Facility
Patients can alert the DHCS to violations in any drug rehab center. Victims and their family members can fill out a Substance Use Disorder (SUD) Services – Complaint Form.
You will be asked for your contact information and a short description of the problems at a facility. You can also mention specific individuals at the facility.
Victims can also call the Licensing and Certification Division:
Public Number
(916) 322-2911
Toll Free Number
(877) 685-8333
If you’ve been hurt by a facility’s negligence, a skilled attorney can also help with a report to the DHCS to make sure they receive all information necessary and that your complaint isn’t ignored.
The Type of Evidence Needed for a Drug Rehab Injury Claim
Helping spark an investigation into a facility’s actions can help families seeking answers after a loved one’s injury. However, victims don’t need a major state investigation to seek compensation from a negligent drug treatment center.
The DHCS is a giant government entity that receives thousands of complaints a year. They can simply overlook a valid complaint or make a bad decision and ignore your case.
Fortunately, an experienced California drug rehab injury lawyer can also conduct an effective investigation for clients. An established attorney can gain powerful proof of negligence.
Investigators would look to secure these and other types of evidence:
- Evidence of a lack of security that may have allowed drugs into a facility.
- Monitoring logs showing staff members weren’t checking on patients at regular intervals, allowing them to come to harm.
- Evidence of a delay in recognizing drug overdose symptoms or an inadequate response.
- Evidence found in hiring records showing negligent hiring of unsafe, underqualified employees (perhaps with criminal records).
- Surveillance video of facilities and entrances.
- Cell phone and email records.
A skilled attorney also helps take on a company or corporation’s lawyers when they try to blame the victim or try to conceal evidence.
See: How Long Do I Have to Sue?
Contact Us if you Suspect Rehab Center Negligence Hurt Your Loved One.
Attorney Martin Gasparian offers a free, confidential consultation to victims and their families after an overdose at a California drug rehab facility. We can help victims earn the support they need to fully recover. We can also help injured patients report their facilities and doctors when they violate state requirements.
Call us today or fill out a free case review form.
There’s no obligation for this meeting. But if you feel we could help your loved one earn more, you don’t have to worry about how you’ll pay a lawyer. We are only paid if your claim is successful. Then the attorney’s fee comes out of a settlement check a facility owner must write for you.