Seriously, can the Department of Social Services (DSS) assert that its Title 22 regulations are superior, even preferred, to state laws and then “enforce” those regulations above the law? It makes that claim to an extreme of contending that it can and will enforce Title 22 regulations over any enacted state law if “the law is not yet in Title 22.”
This practice is illegal, prohibited, criminal, fraudulent, and malicious. There is no legal avenue for a state agency to set aside chaptered law in deference to contradictory and/or obsolete regulation, or because that agency has “not updated its policy and procedure manual” despite an ample passage of time. It has been 16 years since an emergency disaster law took effect but no update to Title 22.
Would that mean DSS cannot enforce the disaster plan because it is not in Title 22? Hmmm.
If DSS’ assertion is true, the medication law is not enforceable. The employee training law is not enforceable. The emergency disaster law is not enforceable. If DSS does not update Title 22 regulations, many laws are null and void because those laws are not yet in the regulations.
The “reason” for violating resident and facility rights could be as simple as DSS does not like the law i.e., SB911 and the allowance of prohibited health conditions. RCFEs have been allowed to admit and retain residents with prohibited conditions since January 2016, but “that law is not in Title 22,” so DSS continues to cite facilities for, literally, obeying the law.
So why this open rebellion against residents and licensees?
Oh, I have heard so many excuses as to why things just do not get done at this large state agency, but the one I love the most is “we are understaffed and too busy.” Since 2009 until this year, the staffing levels, and budgets of DSS have only gone up despite the drop in the overall number of facilities. More staff. More money. Less facilities. “We’re understaffed and too busy.”
Maybe when DSS comes into your facility you tell them you are understaffed, underfunded and too busy. Think that will work?
The bold truth is that DSS has been incompetently run for many years and appointees to positions are not interested in propelling this agency forward. Instead, it is all about power and status. Too bad. How many residents depend upon a competent DSS for safety and oversight?
Yet, there is a “master plan” the current governor has been pushing for several years and the individuals he is appointing do not seem to grasp what the governor is attempting to do. Maybe that is a good thing! The governor wants the assisted living industry to take the sickest of the sick and empty nursing homes, prisons and the “tent cities” of the homeless and mentally ill. I guess the memo is not circulating very well among the status seekers.
Total incompetence, malfeasance, fraud, and malice from the employees of DSS. Title 22 is grossly obsolete but is being enforced above the law. Gosh, who needs a legislature when you have incompetent employees?