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California Business License Defense Attorney

We defend licensed businesses in California

California Department of Health Care Services License Defense Attorney

California Department of Health Care Services License Defense Lawyer

The California Department of Health Care Services, known as the DHCS, licenses facilities alcohol and drug rehabilitation (alcohol or other drug) facilities in the State of California. Most California licensed alcohol and drug rehab facilities have minimal or no contact with the enforcement arm of the California Department of Health Care Services. For Licensees who become part of the California Department of Health Care Services disciplinary process, the consequences are profound. The DHCS License disciplinary process is complex, procedural and time consuming. Licensees facing the California Department of Health Care Services disciplinary process should seek legal representation from an experienced California Department of Health Care Services License Defense Attorney.

The California Department of Health Care Services licenses Alcohol and Drug Rehabilitation facilities providing the following types of services:

  • Alcoholism or drug abuse recovery or treatment planning
  • Detoxification
  • Educational sessions
  • Group sessions
  • Incidental medical services
  • Individual sessions

California DHCS Investigation Defense Lawyer

The majority of California Department of Health Care Services investigations begin with the filing of a consumer Complaint. However, California Department of Health Care Services Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Health Care Services utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Licensees. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Department of Health Care Services disciplinary process. At the conclusion of a California Department of Health Care Services investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to file a revocation action. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution. If you are a licensed alcohol or drug rehabilitation facility facing a California Department of Health Care Services investigation, contact a California Department of Health Care Services License Defense Attorney for representation.

California Department of Health Care Services Enforcement Defense Attorney

A formal enforcement action served on a California DHCS licensee serves as notice to a licensee that the Department intends to discipline the facility. An Enforcement Action is a serious matter that can result in significant financial penalties and the suspension or revocation of a DHCS healthcare facility license in California. In many cases, it is possible for Licensees to reach a Settlement Agreement with the DHCS Legal Enforcement Office and California Department of Health Care Services. If a Settlement Agreement cannot be reached, the parties will proceed to a formal Hearing before the DHCS Office of Administrative Hearings and Appeals (OAHA). Licensed alcohol and drug rehabilitation facilities facing a California Department of Health Care Services Enforcement Action should contact an experienced California Department of Health Care Services License Defense Attorney for representation. Common causes of action for disciplinary Accusations against DHCS licensed facilities include:

  • Building Code Violations
  • Health Code Violations
  • Incompetence
  • Municipal Code Violations
  • Negligence
  • Overbilling
  • Overcapacity

California Department of Health Care Services Hearing Attorney

The California Department of Health Care Services maintains Court Hearing locations in Los Angeles and Sacramento. In some instances, Hearing may be held offsite in Bakersfield, Fresno, Oakland, Orange County, Riverside, San Bernardino, San Diego, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision subsequent to the Hearing. The California Department of Health Care Services can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Health Care Services action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a licensee to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the licensee can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California Licensees facing a California Department of Health Care Services Administrative Law Hearing need effective representation from a California Department of Health Care Services License Defense Lawyer.

California Department of Health Care Services License and Criminal Convictions

The California Department of Health Care Services can discipline facility licensees for criminal convictions. California Department of Health Care Services discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a licensee. Common criminal offenses that can cause DHCS License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Department of Health Care Services and other law enforcement agencies also investigate criminal conduct by Licensees in the course and scope of their practice. Criminal investigations often involve Licensees engaged in Building Code Violations, Health Code Violation, Municipal Code Violations and Possession for Sale of Naroctics. In serious criminal cases against Licensees pending in Criminal Court, the California Department of Health Care Services and the DHCS Legal Enforcement Office may seek a California Penal Code § 23 Order against the licensee. A California Penal Code § 23 Order seeks to suspend a DHCS License in Criminal Court. Licensees facing criminal charges and Licensees who are convicted of criminal offenses need an experienced California Department of Health Care Services License Defense Attorney for representation in disciplinary proceedings before the California Department of Health Care Services.

California Department of Health Care Services Statement of Issues Attorney

The California Department of Health Care Services thoroughly investigates all applicants for DHCS Licenses. The California Department of Health Care Services may deny a license to licensees from other states and countries. Most California Department of Health Care Services denials occur due to criminal convictions, financial problems or misstatements on the license application. Statement of Issues Hearings and Accusation Hearings before an Administrative Law Judge maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a DHCS License should contact a California Department of Health Care Services License Denial Lawyer for representation in a California Department of Health Care Services Statement of Issues Hearing.

California Department of Health Care Services Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Licensees who have received a DHCS License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Department of Health Care Services. A successful Petition for Reinstatement requires representation by an experienced California Department of Health Care Services License Defense Attorney.