Cal. HSC § 1796.55 — California Code / Code hsc / Division 2 / Chapter 13 / Article 11 / Section 1796.55
Section 1796.55
Status: repealed

[Repealed (in Sec. 9) and added by Stats. 2026, Ch. 26, Sec. 10.   (AB 152)   Effective June 29, 2026.   Operative January 1, 2029, by its own provisions.]
(a) A home care organization that operates in violation of any requirement or obligation imposed by this chapter or any rule or regulation promulgated pursuant to this chapter may be subject to the fines levied or licensure action taken by the department as specified in this chapter.

(b) When the department determines that a home care organization is in violation of this chapter or any rules or regulations promulgated pursuant to this chapter, a notice of violation shall be served upon the licensee. Each notice of violation shall be prepared in writing and shall specify the nature of the violation and the statutory provision, rule, or regulation alleged to have been violated. The notice shall inform the licensee of any action the department may take pursuant to this chapter, including the requirement of a plan of correction, assessment of a penalty, or action to suspend, or revoke the license. The director or their designee shall also inform the licensee of rights to a hearing pursuant to this chapter.

(c) (1) The department may impose a fine of up to nine hundred dollars ($900) per violation per day commencing on the date the violation was identified and ending on the date each violation is corrected.

(2) Consistent with paragraph (1), the department may determine the daily fine for each type of violation and, if it does so, shall adopt regulations that specify the fine for each type of violation.

(d) (1) The department shall adopt regulations establishing procedures for notices, correction plans, appeals, and hearings.

(2) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this section by means of interim licensing standards, which shall have the same force and effect as regulations, until regulations are adopted.

(e) This section shall become operative on January 1, 2029.

[Amended by Stats. 2026, Ch. 26, Sec. 9.   (AB 152)   Effective June 29, 2026.   Repealed as of January 1, 2029, by its own provisions.   See later operative version added by Sec. 10 of Stats. 2026, Ch 26.]
(a) A home care organization that operates in violation of any requirement or obligation imposed by this chapter or any rule or regulation promulgated pursuant to this chapter may be subject to the fines levied or licensure action taken by the department as specified in this chapter.

(b) When the department determines that a home care organization is in violation of this chapter or any rules or regulations promulgated pursuant to this chapter, a notice of violation shall be served upon the licensee. Each notice of violation shall be prepared in writing and shall specify the nature of the violation and the statutory provision, rule, or regulation alleged to have been violated. The notice shall inform the licensee of any action the department may take pursuant to this chapter, including the requirement of a plan of correction, assessment of a penalty, or action to suspend, revoke, or deny renewal of the license. The director or their designee shall also inform the licensee of rights to a hearing pursuant to this chapter.

(c) The department may impose a fine of up to nine hundred dollars ($900) per violation per day commencing on the date the violation was identified and ending on the date each violation is corrected.

(d) The department shall adopt regulations establishing procedures for notices, correction plans, appeals, and hearings.

(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.