Ila Swan: patient advocate


Topics About

Ila's Sample FOIA Request:

July 2, 2000

Brenda Klutz
Department of Health Services
Licensing and Certification
714 P. Street, Room 1253
Sacramento, CA   95814

Re: Public Records Act Request
For Complaint Determination Profile
For the years 1999 and the first 6 months of 2000

Ms. Klutz:

Pursuant to the "ACT" please provide the following information within the time frame specified by the Freedom of Information Act:

How many total complaints were received against long term care facilities in the State of California?

Of this total, how many were investigated?

Of the number investigated how many were found to be "valid"?

The number found "valid" by each District Office?

How many were found to be "invalid"?

How many were determined as "no Findings at this time"?

How many had determinations other than those mentioned above?

What were these determinations and how many in each of these categories?

How many total AA & A citations were issued?

How many appeals to fines, violations and deficiencies were filed by facilities?

How many fines were reduced by either appeal process or the facilities paying the fines within 30 days?

How many total B citations were issued?

As of 12/2/99 by District Office, how far behind in "complaint investigations" is DHS L&C?

As of 12/2/99 by District Office, how far behind in "yearly survey visits" is DHS L&C?

District Offices listed below:

Alameda      Berkley     
Chico      Daly City     
Fresno      Los Angeles     
Marin      Orange     
Riverside      et. seq.     

I am requesting the above information pursuant to my rights under the California Public Records Act (Government Code §6250 et seq.)

I believe there is no express provision of law exempting this information from disclosure. To the contrary, pursuant to Health & Safety Code §1439, any writing in the possession of your office is discoverable except for the names of non-employees of Licensing.

Although I suspect that you will agree that the information I have requested is covered by, and not exempt from, the Public Records Act, I need not remind you that the Act is enforceable by court proceedings. When a lawsuit results in an order to an agency to disclose information that has been improperly withheld there is a mandatory award of court costs and reasonable attorney’s fees to the plaintiff (Government Code §§6258, 6259).

Thank you for your help. If you have any questions Please call me at 707-451-8330


Ila Swan

CC:  : Diana M. Bonta RN, Dr. PhD
Director of Health and Welfare
State of California State
1600 9th Street, Bin 460
Sacramento Ca   95814

Senate Committee on Aging, Senate Dirksen Building   - G-31, Washington, D.C.    20510

HCFA, 7500 Security Blvd., Baltimore, MD    21233

HCFA, 200 Independence Avenue, S.W., Washington, D.C.    20201

GAO, US HSQ & PH, 441 G. Street NW, Washington, D.C.    20548

Various news agencies

Back to "How to Appeal"