reglab/housing_qa huggingface dataset:
CA Health & Safety Code § 1747 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2 - Licensure|Section 1747.

1747.  (a)  No person, political subdivision of the state, or other governmental agency, that is not operating a hospice as of January 1, 1991, shall establish or operate a hospice without first obtaining a license under this chapter. (b)  Any person, political subdivision of the state, or other governmental agency, that is operating a hospice as of January 1, 1991, may continue to operate the hospice only under the following conditions: (1)  The person, political subdivision of the state, or other governmental agency shall apply to the state department for a license under this chapter within 60 days after forms for the application of licensure under this chapter are available from the state department. (2)  The person, political subdivision of the state, or other governmental agency shall cease calling or referring to itself as a hospice upon the final decision of the director upholding the state department’s denial of an application for licensure under this chapter. (c)  Nothing in this chapter shall preclude the ongoing use of the title “volunteer hospice” by those organizations that satisfy all of the following: (1)  They do not provide skilled nursing services. (2)  They do not charge patients or families for hospice services, and they do not receive third-party insurance payments for services rendered. (3)  They satisfy the disclosure requirements specified in subdivision (c) of Section 1748. (d)  A small and rural hospice is exempt from the licensing provisions of this chapter and the disclosure requirements of subdivision (c) of Section 1748. A small and rural hospice may provide skilled nursing services and may use the title “volunteer hospice.” For purposes of this chapter, a “small and rural hospice” means a hospice that provides services to less than 50 patients per year, does not charge for services, does not receive third-party payment for services rendered, and is not located in a standard metropolitan statistical area. (Amended by Stats. 1997, Ch. 492, Sec. 2. Effective January 1, 1998.)
CA Health & Safety Code § 1747.1 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2 - Licensure|Section 1747.1.

1747.1.  A hospice program certified in accordance with federal Medicare hospice conditions of participation shall be exempt from subdivision (a) of Section 1747, but shall be subject to Section 1726 unless it elects to apply for hospice licensure. A hospice program that elects to apply for hospice licensure shall thereafter be subject to all the hospice licensure requirements set forth in this chapter.(Added by Stats. 1994, Ch. 985, Sec. 1.5. Effective January 1, 1995.)
CA Health & Safety Code § 1747.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2 - Licensure|Section 1747.5.

1747.5.  Each hospice licensed pursuant to this chapter shall maintain, and revise as needed, and implement policies regarding the purchase, storage, furnishing, and transportation of legend devices that are reviewed annually by a group of professional personnel, including a physician and surgeon, a pharmacist, and a registered nurse, and are revised as needed. As used in this section, legend devices means any device that bears the label “Caution: federal law restricts this device to sale by or on the order of a ____,” or words of similar meaning.(Added by Stats. 1992, Ch. 1104, Sec. 6. Effective September 29, 1992.)
CA Health & Safety Code § 1748 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2 - Licensure|Section 1748.

1748.  (a)  Except as otherwise provided in subdivision (b) or (d) of Section 1747, no person, political subdivision of the state, or other governmental agency shall establish, conduct, maintain, or represent itself as a hospice unless a license has been issued under this chapter. Multiple locations need not obtain a separate license. Multiple locations shall be listed on the license of the parent agency and each shall pay a licensing fee in the amount prescribed by subdivision (a) of Section 1750. (b)  Any person, political subdivision of the state, or other governmental agency desiring a license to establish a hospice shall file with the state department a verified application on a form prescribed and furnished by the state department which contains any information as may be required by the state department for the proper administration and enforcement of this chapter. (c)  Any hospice that is not required to obtain a license under this chapter shall disclose in all advertisements and information provided to the public all of the following information: (1)  It is not required to be licensed and is not regulated by the state department. (2)  Any complaint against the hospice should be directed to the local district attorney and the state department. (3)  Any complaint against personnel licensed by a board or committee within the Department of Consumer Affairs and employed by the hospice should be directed to the respective board or committee. Any complaint against a certified home health aide or certified nurse assistant shall be directed to the state department. The address and phone number of any state agency, board, or committee which is responsible for addressing complaints shall be provided by the hospice, upon request, to any patient of the hospice.(Amended by Stats. 1997, Ch. 492, Sec. 3. Effective January 1, 1998.)
CA Health & Safety Code § 1749 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2 - Licensure|Section 1749.

1749.  (a) To qualify for a license under this chapter, an applicant shall satisfy all of the following:(1) Be of good moral character. If the applicant is a franchise, franchisee, firm, association, organization, partnership, business trust, corporation, company, political subdivision of the state, or governmental agency, the person in charge of the hospice for which the application for a license is made shall be of good moral character.(2) Demonstrate the ability of the applicant to comply with this chapter and any rules and regulations promulgated under this chapter by the state department.(3) File a completed application with the state department that was prescribed and furnished pursuant to Section 1748.(b) In order for a person, political subdivision of the state, or other governmental agency to be licensed as a hospice it shall satisfy the definition of a hospice contained in Section 1746, and also provide, or make provision for, the following basic services:(1) Skilled nursing services.(2) Social services/counseling services.(3) Medical direction.(4) Bereavement services.(5) Volunteer services.(6) Inpatient care arrangements.(7) Home health aide services.(c) The services required to be provided pursuant to subdivision (b) shall be provided in compliance with the “Standards for Quality Hospice Care, 2003,” as available from the California Hospice and Palliative Care Association, until the state department adopts regulations establishing alternative standards pursuant to subdivision (e).(d) (1) Notwithstanding any provision of law to the contrary, to meet the unique needs of the community, licensed hospices may provide, in addition to hospice services authorized in this chapter, any of the following preliminary services for any person in need of those services, as determined by the physician and surgeon, if any, in charge of the care of a patient, or at the request of the patient or family:(A) Preliminary palliative care consultations.(B) Preliminary counseling and care planning.(C) Preliminary grief and bereavement services.(2) Preliminary services authorized pursuant to this subdivision may be provided concurrently with curative treatment to a person who does not have a terminal prognosis or who has not elected to receive hospice services only by licensed and certified hospices. These services shall be subject to the schedule of benefits under the Medi-Cal program, pursuant to subdivision (w) of Section 14132 of the Welfare and Institutions Code.(e) The state department may adopt regulations establishing standards for any or all of the services required to be provided under subdivision (b). The regulations of the state department adopted pursuant to this subdivision shall supersede the standards referenced in subdivision (c) to the extent the regulations duplicate or replace those standards.(Amended by Stats. 2004, Ch. 825, Sec. 3. Effective January 1, 2005.)
CA Health & Safety Code § 1749.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2 - Licensure|Section 1749.5.

1749.5.  The Legislature recognizes that hospices can apply for certification for their hospice programs from the federal Medicare program. If the department has determined during any combined licensing and certification survey that a hospice is in substantial compliance with a requirement, the department shall not be redundant by also reviewing the similar licensing or certification requirements.(Added by Stats. 1990, Ch. 1343, Sec. 1.)
CA Health & Safety Code § 1750 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2 - Licensure|Section 1750.

1750.  (a) Each new and renewal application for a license under this chapter shall be accompanied by an annual Licensing and Certification Program fee set in accordance with Section 1266.(b) All hospices shall maintain compliance with the licensing requirements. These requirements shall not, however, prohibit the use of alternate concepts, methods, procedures, techniques, space, equipment, personnel qualifications, or the conducting of pilot projects, necessary for program flexibility. Program flexibility shall be carried out with provision for safe and adequate patient care and with prior written approval of the state department. A written request for program flexibility and substantiating evidence supporting the request shall be submitted by the applicant or licensee to the state department. The state department shall approve or deny the request within 60 days of submission. Approval shall be in writing and shall provide for the terms and conditions under which program flexibility is approved. A denial shall be in writing and shall specify the basis therefor. If after investigation the state department determines that a hospice using program flexibility pursuant to this section is operating in a manner contrary to the terms or conditions of the approval for program flexibility, the director shall immediately revoke that approval.(c) Each hospice shall, on or before March 15 of each year, file with the Office of Statewide Health Planning and Development (OSHPD), upon forms furnished by OSHPD, a verified report for the preceding calendar year upon all matters requested by OSHPD. This report may include, but not be limited to, data pertaining to age of patients, diagnostic categories of patients, and number of visits by service provided.(Amended by Stats. 2006, Ch. 74, Sec. 25. Effective July 12, 2006.)
CA Health & Safety Code § 1751 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2 - Licensure|Section 1751.

1751.  (a)  Upon an applicant’s filing an application for licensure under this chapter and compliance with this chapter and the rules and regulations adopted by the state department under this chapter, the state department shall issue to the applicant a license to operate as a hospice. Any fees required pursuant to Section 1750 shall be paid before a license is issued. Licensure also may be denied by the state department as specified in Section 1755. (b)  Each license issued under this chapter shall expire 24 months from the date of its issuance. (c)  A biennial application for the renewal of a license, accompanied by any fee required pursuant to subdivision (b) of Section 1750, shall be filed with the state department no less than 30 days prior to the expiration date of the license. The failure to file an application for renewal within the time required by this subdivision shall result in the expiration of the license. (Added by Stats. 1990, Ch. 1343, Sec. 1.)
CA Health & Safety Code § 1751.5 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2 - Licensure|Section 1751.5.

1751.5.  (a) Notwithstanding any other provision of this chapter, the department shall issue a license to a hospice that applies to the department for a hospice license and meets all of the following requirements:(1) Is accredited as a hospice by an entity approved by the federal Centers for Medicare and Medicaid Services as a national accreditation organization, and the national accreditation organization forwards to the department copies of all initial and subsequent survey and other accreditation reports or findings.(2) Files an application with fees pursuant to this chapter.(3) Meets any other additional licensure requirements of, or regulations adopted if necessary pursuant to, this chapter that the department identifies, after consulting with the national accreditation organization, as more stringent than the accreditation requirements of the national accreditation organization.(b) The department may conduct a survey of an accredited hospice to ensure the accreditation requirements are met. These surveys shall be conducted using a selective sample basis.(c) The department may conduct a survey of an accredited hospice to investigate complaints against an accredited hospice for substantial noncompliance, as determined by the department, with these accreditation standards.(d) Notwithstanding subdivisions (a), (b), and (c), the department shall retain its full range of authority over accredited hospices to ensure the licensure and accreditation requirements are met. This authority shall include the entire scope of enforcement sanctions and options available for unaccredited hospices.(Added by Stats. 2018, Ch. 424, Sec. 3. (SB 1495) Effective January 1, 2019.)
CA Health & Safety Code § 1751.70 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2.3 - New License Moratorium|Section 1751.70.

1751.70.  Notwithstanding any other law and except as provided in Section 1751.75, on and after January 1, 2022, and until 365 days from the date that the California State Auditor publishes a report on hospice licensure, the department shall not issue a new license to operate a hospice pursuant to this chapter.(Added by Stats. 2021, Ch. 494, Sec. 1. (SB 664) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 1751.85.)
CA Health & Safety Code § 1751.75 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2.3 - New License Moratorium|Section 1751.75.

1751.75.  (a) The department may grant an exception to the moratorium imposed by this article upon making a written finding that an applicant for a new license, or with a license application pending on January 1, 2022, has shown a demonstrable need for hospice services in the area where the applicant proposes to operate based on the concentration of all existing hospice services in that area.(b) The department shall issue a new license during the moratorium pursuant to an exception granted under this section in accordance with this chapter, including Article 2 (commencing with Section 1747).(Added by Stats. 2021, Ch. 494, Sec. 1. (SB 664) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 1751.85.)
CA Health & Safety Code § 1751.80 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2.3 - New License Moratorium|Section 1751.80.

1751.80.  This article shall not be deemed to modify the authority of the department to renew a license pursuant to this chapter.(Added by Stats. 2021, Ch. 494, Sec. 1. (SB 664) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 1751.85.)
CA Health & Safety Code § 1751.85 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2.3 - New License Moratorium|Section 1751.85.

1751.85.  This article shall remain in effect only until January 1, 2027, and as of that date is repealed.(Added by Stats. 2021, Ch. 494, Sec. 1. (SB 664) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Article 2.3, commencing with Section 1751.70.)
CA Health & Safety Code § 1751.100 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 2.5 - Hospice Patient Care|Section 1751.100.

1751.100.  (a) During the initial visit, in advance of furnishing care, a hospice shall provide a patient or the patient’s representative with verbal and written notice of the patient’s rights and responsibilities in a language and manner that the person understands.(b) For purposes of this section, the following definitions apply:(1) “Patient’s representative” means either a person designated by the patient as their representative or a person acting on the patient’s behalf under the authority of the Long-Term Care Patient Representative Program pursuant to Chapter 3.6 (commencing with Section 9260) of Division 8.5 of the Welfare and Institutions Code.(2) “Verbal” means spoken or signed language.(Added by Stats. 2021, Ch. 478, Sec. 2. (AB 1280) Effective January 1, 2022.)
CA Health & Safety Code § 1752 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 3 - Enforcement|Section 1752.

1752.  (a)  A licensed hospice, at the state department’s option, may periodically be inspected by a duly authorized representative of the state department. Reports of each inspection shall be prepared by the representative who conducted the inspection, upon forms prepared and furnished by the state department, and filed with the state department. The inspection shall be for the purpose of ensuring that this chapter and the rules and regulations adopted under this chapter are being followed. (b)  Any officer, employee, or agent of the state department, who has been assigned the responsibility of enforcing this chapter, may enter and inspect any building or premises where hospice care is being provided, as well as any form, record, or file of a licensee at any reasonable time to assure compliance with, or to prevent the violation of, any provision of this chapter. (Added by Stats. 1990, Ch. 1343, Sec. 1.)
CA Health & Safety Code § 1753 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 3 - Enforcement|Section 1753.

1753.  (a)  The state department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of this chapter and to enable the state department to exercise the powers and perform the duties conferred upon it by this chapter. The state department shall adopt any regulation needed to commence the licensing of hospices pursuant to this chapter on or before June 30, 1992. The department shall consult with licensed hospices, small and rural hospices, and volunteer hospice providers in developing regulations pursuant to this chapter. (b)  The state department shall adopt rules and regulations regarding the purchase, storage, furnishing, and transportation of legend devices for a patient of a hospice. As used in this subdivision, “legend devices” means any device that bears the label “Caution: federal law restricts this device to sale by or on the order of a ____” or words of similar meaning. (Amended by Stats. 1992, Ch. 1104, Sec. 7. Effective September 29, 1992.)
CA Health & Safety Code § 1754 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 3 - Enforcement|Section 1754.

1754.  (a)  Any licensee may, with the approval of the state department, surrender his or her license for suspension or cancellation by the state department. (b)  Any license suspended or canceled pursuant to this section may be reinstated by the state department upon receipt of an application showing compliance with this chapter. (Added by Stats. 1990, Ch. 1343, Sec. 1.)
CA Health & Safety Code § 1755 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 3 - Enforcement|Section 1755.

1755.  (a)  The state department may deny any application for licensure, or suspend or revoke any license issued, under this chapter upon any of the following grounds: (1)  Violation by the applicant or licensee of this chapter or any rules and regulations promulgated by the state department under this chapter. (2)  Any felony conviction of the applicant or licensee for the violation of any law of this state. (3)  Any conviction of the applicant or licensee for aiding, abetting, or permitting the commission of any act that is a felony in this state. (4)  The applicant’s or licensee’s misrepresentation of a material fact in the application for a license under this chapter. (b)  Proceedings for the denial, suspension, or revocation of licenses under this chapter shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In the case of a conflict between this chapter and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, Chapter 5 (commencing with Section 11500) shall control. (Added by Stats. 1990, Ch. 1343, Sec. 1.)
CA Health & Safety Code § 1756 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 3 - Enforcement|Section 1756.

1756.  (a)  The suspension, expiration, or forfeiture by operation of law of a license issued by the state department under this chapter, the suspension or cancellation of a license by order of the state department or by order of a court of law, or the surrender of a license without the written consent of the state department shall not deprive the state department of its authority to institute or continue any disciplinary proceeding against the licensee pursuant to this chapter. (b)  Any license revoked pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code. (Added by Stats. 1990, Ch. 1343, Sec. 1.)
CA Health & Safety Code § 1757 (2021)
2021 California Code|Health and Safety Code - HSC|DIVISION 2 - LICENSING PROVISIONS|CHAPTER 8.5 - California Hospice Licensure Act of 1990|ARTICLE 3 - Enforcement|Section 1757.

1757.  Any person who violates any provision of this chapter or any rule or regulation promulgated under this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500), by imprisonment in the county jail for a period not to exceed 180 days, or by both the fine and imprisonment.(Added by Stats. 1990, Ch. 1343, Sec. 1.)