Cal. HSC § 1728.1 — California Code / Code hsc / Division 2 / Chapter 8 / Section 1728.1
Section 1728.1
Status: in_force

(a) To qualify for a home health agency license, the following requirements shall be met:

(1) Every applicant shall satisfy the following conditions:

(A) Be of good moral character. If the applicant is a firm, association, organization, partnership, business trust, corporation, or company, all principal managing members thereof, and the person in charge of the agency for which application for license is made, shall satisfy this requirement. If the applicant is a political subdivision of the state or other governmental agency, the person in charge of the agency for which application for license is made, shall satisfy this requirement.

(B) Possess and demonstrate the ability to comply with this chapter and the rules and regulations adopted under this chapter by the department.

(C) File their application pursuant to and in full compliance with this chapter.

(2) (A) The following persons shall submit to the State Department of Public Health an application and shall submit electronic fingerprint images to the Department of Justice for the furnishing of the person’s criminal record to the State Department of Public Health, at the person’s expense as provided in subdivision (b), for the purpose of a criminal record review:

(i) The owner or owners of a private agency if the owners are individuals.

(ii) If the owner of a private agency is a corporation, partnership, or association, any person having a 5 percent or greater interest in that corporation, partnership, or association.

(iii) The administrator of a home health agency.

(B) When the conditions set forth in paragraph (3) of subdivision (a) of Section 1265.5, subparagraph (A) of paragraph (1) of subdivision (a) of Section 1338.5, and paragraph (1) of subdivision (a) of Section 1736.6 are met, the licensing and certification program shall issue an All Facilities Letter (AFL) informing facility licensees. After the AFL is issued, facilities must not allow newly hired administrators, program directors, and fiscal officers to have direct contact with clients or residents of the facility prior to completion of the criminal record clearance. A criminal record clearance shall be complete when the department has obtained the person’s criminal offender record information search response from the Department of Justice and has determined that the person is not disqualified from engaging in the activity for which clearance is required.

(3) The information required pursuant to this section shall be provided to the Licensing and Certification Program upon initial application for licensure. Unless otherwise specified, any change in the information that requires the licensee to submit a report of change or written notification to the Licensing and Certification Program shall be provided within 10 business days of the change along with any applicable fee according to subdivision (b) of Section 1266.

(b) The persons specified in paragraph (2) of subdivision (a) shall be responsible for any costs associated with transmitting the electronic fingerprint images. The fee to cover the processing costs of the Department of Justice, not including the costs associated with capturing or transmitting the fingerprint images and related information, shall not exceed thirty-two dollars ($32) per submission.

(c) If the criminal record review conducted pursuant to paragraph (2) of subdivision (a) discloses a conviction for a felony or any crime that evidences an unfitness to provide home health services, the application for a license shall be denied or the person shall be prohibited from providing service in the home health agency applying for a license. This subdivision shall not apply to deny a license or prohibit the provision of service if the person presents evidence satisfactory to the department that the person has been rehabilitated and presently is of such good character as to justify the issuance of the license or the provision of service in the home health agency.

(d) An applicant and any other person specified in this section, as part of the background clearance process, shall provide information as to whether or not the person has any prior criminal convictions, has had any arrests within the past 12-month period, or has any active arrests, and shall certify that, to the best of their knowledge, the information provided is true. This requirement is not intended to duplicate existing requirements for individuals who are required to submit fingerprint images as part of a criminal background clearance process. Every applicant shall provide information on any prior administrative action taken against them by any federal, state, or local government agency and shall certify that, to the best of their knowledge, the information provided is true. An applicant or other person required to provide information pursuant to this section that knowingly or willfully makes false statements, representations, or omissions may be subject to administrative action, including, but not limited to, denial of their application or exemption or revocation of any exemption previously granted.

(e) (1) A home health agency shall have an administrator, administrator designee, director of patient care services, and director of patient care services designee, and shall submit to the department all of the following information for each individual on an initial application:

(A) An HS 215A form or its successor form.

(B) A résumé.

(C) A list of all licensed facilities and home health agencies in which the individual is currently serving as an administrator, administrator designee, director of patient care services, or director of patient care services designee.

(2) A home health agency shall notify the department of any change in the administrator, administrator designee, director of patient care services, or director of patient care services designee by submitting the information described in paragraph (1) within 10 business days of the change.

(3) All home health agencies shall report to the department the name of the agency’s administrator, administrator designee, director of patient care services, and director of patient care services designee by submitting the information required in paragraph (1). Existing agencies shall provide this information no later than March 31, 2027.

(4) This subdivision does not apply to a branch office of a parent home health agency.

(f) (1) The department shall verify the status of professional licensure for home health agency management personnel.

(2) The department may also verify either or both of the following:

(A) Association of home health agency management personnel listed on the licensing application with the home health agency.

(B) Work history of home health agency management personnel.

(3) For purposes of this subdivision, verification may include contacting the home health agency personnel or previous employers by telephone.

(g) (1) Except as provided in paragraph (2), an applicant for licensure of a home health agency or a branch office shall demonstrate an unmet need for home health services in the home health agency’s geographic service area.

(2) An applicant for a home health agency change of ownership does not need to comply with paragraph (1) for the previously approved service area if the license has been continuously held by the previous licensee for five years and one of the following conditions is met:

(A) The home health agency has previously qualified for licensure after demonstrating and providing evidence of unmet need of home health services in the home health agency’s geographic service area.

(B) The home health agency can demonstrate it is meeting a need for home health services in the geographic service area.

(3) If the home health agency’s approved geographic service area will change upon the change in ownership, the new applicant for licensure shall demonstrate an unmet need for home health services for any new service area.

(4) The department may consider and request additional supporting evidence to determine whether there is an unmet need in the home health agency’s geographic service area.