reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 3 - Licensure › Section 1575.4.

1575.4. (a)  The department may issue a provisional license to an adult day health care center if all of the following conditions are met:
(1)  The adult day health care center and the applicant for licensure substantially meet the standards specified by this chapter and regulations adopted pursuant to this chapter.
(2)  No violation of this chapter or regulations adopted under this chapter exists in the adult day health care center that jeopardizes the health or safety of patients.
(3)  The applicant has adopted a plan for correction of any existing violations that is satisfactory to the department.
(b)  A provisional license issued under this section shall expire not later than one year after the date of issuance, or at an earlier time as determined by the department at the time of issuance, and may not be renewed.
(c)  At the expiration of the provisional license period, the department shall assess the adult day health care center’s full compliance with licensure requirements. If the adult day health care center meets all applicable requirements for licensure, the department shall issue a regular license.
(d)  The department shall not apply less stringent criteria when issuing a provisional license pursuant to this section than it applies when issuing a regular license.
(Amended by Stats. 2000, Ch. 869, Sec. 3. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 3 - Licensure › Section 1575.45.

1575.45. (a)  If the department determines that the adult day health care center operating under a provisional license has serious deficiencies that pose a risk to the health and safety of the participants, the department may immediately take any of the following actions, including, but not limited to:
(1)  Require a plan of correction.
(2)  Limit participant enrollment.
(3)  Prohibit new participant enrollment.
(b)  When appropriate, the California Department of Aging and the department shall coordinate an action or actions to ensure consistency and uniformity.
(c)  The licensee shall have the right to dispute an action or actions taken pursuant to paragraphs (2) and (3) of subdivision (a). The department shall accept, consider, and resolve disputes filed pursuant to this subdivision by a licensee in a timely manner.
(d)  The director shall ensure that public records accurately reflect the current status of any action or actions taken pursuant to this section, including any resolution of disputes.
(Added by Stats. 2000, Ch. 869, Sec. 4. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 3 - Licensure › Section 1575.6.

1575.6. (a)  As a prudent business practice, a licensee shall maintain sufficient financial resources for adult day health care operations to enable each licensed facility to operate for 30 calendar days.
(b)  The financial resource requirement contained in subdivision (a) may be met, in whole or in part, by a line of credit, grant, or loan.
(c)  Whenever a licensee fails to meet the financial resource requirement contained in subdivision (a) for a period of 10 working days, the licensee shall notify the department of that fact within 48 hours.
(Added by Stats. 2001, Ch. 681, Sec. 6.5. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 3 - Licensure › Section 1575.9.

1575.9. Each application for a new license or renewal submitted to the state department shall be accompanied by an annual Licensing and Certification Program fee set in accordance with Section 1266.
(Amended by Stats. 2006, Ch. 74, Sec. 17. Effective July 12, 2006.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 3 - Licensure › Section 1576.

1576. The director shall approve an application for a new license if no substantial basis for denial of the license exists under Section 1575.7, and the applicant has met all the requirements for licensure set forth in this chapter and regulations adopted hereunder. Otherwise the director shall deny issuance of the license.
(Amended by Stats. 2003, 1st Ex. Sess., Ch. 7, Sec. 10. Effective May 5, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 3 - Licensure › Section 1576.2.

1576.2. Each license issued or renewed pursuant to this chapter shall not be transferable and the initial license shall expire 12 months from the date of its issuance. The director shall be given the discretion to approve applications for relicensure for a period of up to 24 months. Application for annual renewal of a license, accompanied by the required fee, shall be filed with the department not less than 30 days prior to the expiration date. Failure to submit a renewal application prior to that date shall result in expiration of the license.
(Amended by Stats. 2011, Ch. 119, Sec. 4. (SB 91) Effective July 25, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 3 - Licensure › Section 1576.5.

1576.5. Immediately upon the denial of any application for issuance or renewal of a license, the state department shall notify the applicant in writing. Not later than 10 days after the state department mails the notice, the applicant may submit a written petition for a hearing to the state department. Upon receipt by the state department of the petition in proper form, such petition shall be set for hearing. The hearing shall be held within 60 calendar days of receipt of the petition. The proceedings 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, and the state department has all the powers granted therein.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 3 - Licensure › Section 1578.

1578. A provider may share space with another licensed health facility, community care facility, senior center, or other appropriate structure, upon the approval of the department, based upon a determination of all of the following:
(a)  The use of the shared space does not jeopardize the welfare of the participant or other clients.
(b)  The shared use does not exceed occupancy capacity established for fire safety.
(c)  The space used by the adult day health care center is not essential to meet the other program’s licensing requirements.
(d)  Each entity schedules services and activities at separate times. This subdivision shall not apply to space used for meals or for space used by another licensed adult day services program.
For purposes of this section, “shared space” means the mutual use of exits and entrances, offices, hallways, bathrooms, treatment rooms, and dining rooms by an adult day health care center and another program.
(Added by Stats. 2001, Ch. 681, Sec. 8. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 3 - Licensure › Section 1578.1.

1578.1. (a) Notwithstanding subdivisions (b) and (c) of Section 1570.7 or any other provision of law, if an adult day health care center licensee also provides adult day program services, the adult day health care license shall be the only license required to provide these additional services. Costs shall be allocated among the programs in accordance with generally accepted accounting practices.
(b) A provider choosing to add an adult day program within the adult day health care facility shall submit a notice to the department on such forms as may be required.
(c) Review and approval of the application to provide a dual program shall not require an on-site inspection.
(d) The maximum licensed capacity shall be determined by the local fire authority and shall include limits for ambulatory and nonambulatory participants.
(Amended by Stats. 2011, Ch. 119, Sec. 5. (SB 91) Effective July 25, 2011.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 4 - Standards and Inspection › Section 1580.

1580. The state department shall adopt and may from time to time 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, the 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, not inconsistent with any statute of this state. The regulations shall prescribe standards of safety and sanitation for the physical plant of adult day health centers and standards for the quality of adult day health care services, including, but not limited to, staffing with duly qualified personnel and average daily staffing requirements. For the purposes of computing average daily attendance staffing requirements, maintenance programs for elderly persons shall, as of January 1, 1992, be included in the calculation for monthly total hours of services provided. In adopting the regulations, the state department shall take into account the physical and mental capabilities and needs of the persons to be served, and consideration shall be given to flexible application of safety and sanitation standards, if necessary, to be consistent with the legislative intent of establishing adult day health care programs in locations easily accessible to economically disadvantaged older persons. Program standards contained in regulations adopted pursuant to this section shall be those specified in Chapter 8.7 (commencing with Section 14520) of Part 3 of Division 9 of the Welfare and Institutions Code.
(Amended by Stats. 1991, Ch. 985, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 4 - Standards and Inspection › Section 1580.1.

1580.1. (a) The State Department of Health Care Services, and as applicable, the State Department of Public Health and the California Department of Aging, may grant to entities contracting with the State Department of Health Care Services under the PACE program, as defined in Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code, exemptions from the provisions contained in this chapter in accordance with the requirements of Section 100315.
(b) This section shall become inoperative if, and on the date that, Section 1580.1, as added by Section 5 of the act that added this subdivision, becomes operative, and, as of January 1 immediately following that date, this section is repealed.
(Amended by Stats. 2019, Ch. 821, Sec. 4. (AB 1128) Effective January 1, 2020. Conditionally inoperative pursuant to the operation of Sec. 5 of Stats. 2019, Ch. 821. Repealed on January 1 following the inoperative date.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 4 - Standards and Inspection › Section 1580.1.

1580.1. (a) An entity providing adult day health care as part of a Program of All-Inclusive Care for the Elderly (PACE) organization, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations and approved by the State Department of Health Care Services pursuant to Section 14592 of the Welfare and Institutions Code, that exclusively serves PACE participants, as defined in Section 460.6 of Title 42 of the Code of Federal Regulations, is exempt from licensure by the State Department of Public Health.
(1) An adult day health care center approved by the State Department of Health Care Services pursuant to Section 14592 of the Welfare and Institutions Code to operate exclusively as part of a PACE organization may provide services to individuals who are being assessed for eligibility to enroll in the PACE program for not more than 60 calendar days after an individual submits an application for enrollment.
(2) If the State Department of Health Care Services determines that an adult day health care center approved to operate exclusively as part of a PACE organization has provided services to individuals other than those enrolled in the PACE program, or who are being assessed for eligibility pursuant to paragraph (1), the adult day health care center shall apply for licensure with the State Department of Public Health. An adult day health care center required to obtain licensure from the State Department of Public Health pursuant to this paragraph shall apply for the license not later than 60 calendar days following the determination by the State Department of Health Care Services described in this paragraph. The adult day health care center shall not accept any new participants in the PACE program until licensure is obtained.
(b) This section shall become operative only if the Director of Health Care Services determines, and communicates that determination in writing to the State Department of Public Health, that operating standards compliance programs consistent with subdivisions (d) and (e) of Section 14592 of the Welfare and Institutions Code have been established. An adult day health care center described in subdivision (c) of Section 14592 of the Welfare and Institutions Code shall remain under the oversight and regulatory authority of the State Department of Public Health until the Director of Health Care Services communicates their written determination to the State Department of Public Health.
(Repealed (in Sec. 4) and added by Stats. 2019, Ch. 821, Sec. 5. (AB 1128) Effective January 1, 2020. Conditionally operative as prescribed by its own conditions.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 4 - Standards and Inspection › Section 1580.2.

1580.2. On or before December 1, 1978, the director shall by regulation adopt an equitable and uniform method of evaluating the quality of care and services provided by adult day health centers based upon the following:
(a)  Compliance with regulations adopted pursuant to this chapter.
(b)  Continued demonstrated community need.
(c)  Conformity of the program to individual participants’ assessed and reassessed needs and interests with particular attention to visual, auditory, and equipment needs.
(d)  Suitability of program changes to the community and participants served.
(e)  Compliance with requirements of law pertaining to fire and life and safety.
The evaluation method adopted by the state department shall be published and distributed to all licensed adult day health centers and all other interested persons.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 4 - Standards and Inspection › Section 1580.5.

1580.5. (a) Every adult day health care center shall be periodically inspected and evaluated for quality of care by a representative or representatives designated by the director. Inspections shall be conducted prior to the expiration of certification or at least every two years and as often as necessary to ensure the quality of care being provided, whether initiated by the state department or pursuant to Section 1580.9. As resources permit, an inspection may be conducted prior to, as well as within the first 90 days of, adult day health care center operation.
(b)  After each inspection, the state department shall notify the adult day health care center in writing of any deficiencies in its compliance with this chapter and the rules and regulations adopted pursuant to this chapter, and shall set a reasonable length of time for compliance by the facility. Upon a finding of noncompliance, the state department may also assess a civil penalty not to exceed fifty dollars ($50) per day for each violation continuing beyond the date fixed in the notice for correction. If the violation is not corrected within that time, the civil penalty shall accrue from the date of receipt of the notice by the licensee. If the violation continues beyond the date fixed for correction, the state department may also initiate action against the licensee in accordance with Article 7 (commencing with Section 1595).
(c)  When a civil penalty is to be assessed pursuant to this section, the notice shall specify the amount thereof and shall be served upon the licensee in a manner prescribed by subdivision (c) of Section 11505 of the Government Code. Any judicial action required to collect a civil penalty assessed pursuant to this section shall be brought by the Attorney General acting on behalf of the state department in the superior court of the county in which the adult day health care center is located.
(Amended by Stats. 2000, Ch. 869, Sec. 6. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 4 - Standards and Inspection › Section 1580.9.

1580.9. Any person may request an inspection of any adult day health center in accordance with the provisions of this article by transmitting to the state department notice of an alleged violation of applicable requirements prescribed by statute or regulation. Any such notice shall be in writing, specifying to a reasonable extent the details of the alleged violation, and shall be signed by the complainant. The substance of the complaint shall be provided to the licensee no earlier than at the time of the inspection.
Unless the complainant specifically requests otherwise, neither the substance of the complaint provided the licensee nor any copy of the complaint or any record published, released, or otherwise made available to the licensee or the public shall disclose the name of any person mentioned in the complaint, unless the complainant is a duly authorized officer, employee, or agent of the state department conducting the investigation or inspection pursuant to this article.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 4 - Standards and Inspection › Section 1581.

1581. Upon receipt of a complaint pursuant to Section 1580.9, the state department shall make a preliminary review. Unless the state department determines that the complaint is willfully intended to harass a licensee or is without any reasonable basis, it shall make an onsite inspection within 10 days after receiving the complaint. In either event, the complainant shall be promptly informed of the state department’s proposed course of action.
No licensee shall discriminate or retaliate in any manner against any person receiving the services of such licensee’s adult day health center, or against any employee of such licensee’s facility, on the basis or for the reason that such person or employee or any other person has initiated or participated in an inspection pursuant to Section 1580.9 or 1581.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 4 - Standards and Inspection › Section 1581.5.

1581.5. Any duly authorized officer, employee, or agent of the department or the California Department of Aging may, upon presentation of proper identification, enter and inspect any place providing adult day health care at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, any provision of this chapter or any regulation adopted hereunder.
(Amended by Stats. 2001, Ch. 681, Sec. 11. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 4 - Standards and Inspection › Section 1582.

1582. The state department may provide consulting services upon request to any adult day health center to assist in the identification or correction of deficiencies and in the upgrading of the quality of care provided by such adult day health center.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 4 - Standards and Inspection › Section 1582.5.

1582.5. Reports on the results of each inspection, evaluation, or consultation performed pursuant to this article shall be kept on file in the state department, and all inspection reports, consultation reports, lists of deficiencies, and plans of correction shall be open to public inspection.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 4 - Standards and Inspection › Section 1583.

1583. The director shall publish and make available to interested persons a list of all licensed adult day health centers, the services which each such facility provides, and the relative evaluation rating of each adult day health center as determined pursuant to Section 1580.2.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 4 - Standards and Inspection › Section 1584.5.

1584.5. Every adult day health care center shall, for the purpose of addressing issues that arise when an adult day health care participant is missing from the facility, develop and comply with an absentee notification plan, as part of the individual plan of care, as defined in Section 1570.7. The plan shall include and be limited to the following: a requirement that an administrator of the facility, or his or her designee, inform the participant’s authorized representative when that participant is missing from the facility and the circumstances in which an administrator of the facility, or his or her designee, shall notify local law enforcement when a participant is missing from the facility.
(Added by Stats. 2013, Ch. 674, Sec. 4. (AB 620) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5 - Additional Requirements › Section 1585.

1585. No member of the governing board of an adult day health center, nor any member of the immediate family of that board member, may have any direct or indirect interest in any contract for supplying services to the adult day health center.
(Amended by Stats. 2003, 1st Ex. Sess., Ch. 7, Sec. 11. Effective May 5, 2003.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5 - Additional Requirements › Section 1585.2.

1585.2. (a)  Any operator of a health facility licensed to provide adult day health care under this chapter shall provide that adult day health care as a separate program as determined by the State Department of Health Services.
(b)  Any operator of a clinic or community care facility licensed to provide adult day health care under this chapter shall provide that adult day health care as an independent program that is located in a separate, freestanding facility or in a distinct part of the clinic or community care facility.
(Amended by Stats. 1998, Ch. 728, Sec. 3. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5 - Additional Requirements › Section 1585.5.

1585.5. Adult day health care centers shall provide services to each participant pursuant to an individual plan of care designed to maintain or restore each participant’s optimal capacity for self-care.
(Amended by Stats. 1998, Ch. 151, Sec. 6. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5 - Additional Requirements › Section 1586.

1586. No adult day health center shall refuse to provide adult day care health services to any person on the basis that service to such person will be reimbursed under the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code).
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5 - Additional Requirements › Section 1586.6.

1586.6. Adult day health care centers may not require family members to attend the center or assist the participant with activities of daily living while at the center.
(Added by Stats. 2003, Ch. 105, Sec. 1. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5 - Additional Requirements › Section 1586.7.

1586.7. (a)  Adult day health care centers may not discriminate because of race, color, creed, national origin, sex, sexual orientation, or physical or mental disabilities. Centers shall accommodate individuals with physical disabilities by ensuring that they have access to bathrooms, hallways, and door entrances, and by providing safe and adequate parking and passenger loading areas. All staff at centers shall be trained and able to interact with participants with physical disabilities.
(b)  Notwithstanding subdivision (a), the program may not admit any participants to the program that, in the clinical judgment of those administering the program, cannot be appropriately cared for by the program.
(Added by Stats. 2003, Ch. 105, Sec. 2. Effective January 1, 2004.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5.5 - Grants-in-Aid Program › Section 1588.

1588. (a)  The state department shall, subject to the availability of funds appropriated therefor, conduct a grants-in-aid program for the following purposes:
(1)  To assist in the establishment of new adult day health care centers.
(2)  To assist in stabilizing or expanding the health care operations of adult day health care centers which have been licensed for a period of two years or less.
(3)  To assist in expanding the health care operations of adult day health care centers which have been licensed for a period of two years or more when identified expansion meets criteria outlined in the specific guidelines established for the grant-supported activities. Expansion under this paragraph shall be based on documented unmet need.
(b)  The grants authorized pursuant to this article shall be limited in purpose to defraying operating expenses of the center, including staffing costs, required renovation costs, and facility rental costs.
(Amended by Stats. 2000, Ch. 108, Sec. 6. Effective July 10, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5.5 - Grants-in-Aid Program › Section 1588.2.

1588.2. Eligibility for grants pursuant to this article shall be limited to any public or private nonprofit agency. As a condition of making a grant, the director shall require the applicant to match not less than 20 percent of the amount granted. The required match may be cash or in-kind contributions, or a combination of both. In-kind contributions may include, but shall not be limited to, staff and volunteer services.
(Amended by Stats. 1998, Ch. 151, Sec. 7. Effective January 1, 1999.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5.5 - Grants-in-Aid Program › Section 1588.3.

1588.3. The grant amount available from funds appropriated through the Budget Act for the Adult Day Health Care Program shall not exceed one hundred twenty-five thousand dollars ($125,000) for a single project.
(Amended by Stats. 2000, Ch. 108, Sec. 7. Effective July 10, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5.5 - Grants-in-Aid Program › Section 1588.5.

1588.5. In developing policies and priorities pertaining to the allocation of grant funds, the department shall give primary consideration to the following factors:
(a) The applicant’s immediate need for funds.
(b) The demonstrated community support for the project.
(c) The applicant’s long-term prospects for financial stability.
(d) The applicant’s demonstrated marketing strategies.
(e) The applicant’s ability to provide innovative services and to coordinate with other services in the continuum of care.
(f) Special consideration shall be given to an applicant who is in one or more of the following categories:
(1) Applicants in rural areas.
(2) Applicants in counties where there are no other centers or in areas where there are no other centers within one hour driving time from the proposed site.
(3) Applicants who will deliver services in an area with a high elderly ethnic minority population when compared to the total elderly population of the area.
(4) Applicants who will deliver services in an area with a high percentage of elderly Medi-Cal beneficiaries when compared to the total elderly population of the area.
(Amended by Stats. 2004, Ch. 632, Sec. 4. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5.5 - Grants-in-Aid Program › Section 1588.7.

1588.7. (a) The department, unless otherwise specified in the interagency agreement entered into pursuant to Section 1572 or pursuant to annual Budget Act requirements, shall adopt specific guidelines for the establishment of grant-supported activities, including criteria for evaluation of each activity and monitoring to assure compliance with grant conditions and applicable regulations of the department. Funds shall be awarded only after the applicant’s proposal is approved by the department or the California Department of Aging pursuant to the guidelines established for these grants.
(b) The department, unless otherwise specified by annual Budget Act requirements, shall develop a contract with each selected project.
(Amended by Stats. 2004, Ch. 632, Sec. 5. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5.5 - Grants-in-Aid Program › Section 1589.

1589. Subject to the appropriation of funds pursuant to the annual Budget Act, the department may establish planning and development grants for public or private nonprofit applicants that request assistance in conducting feasibility and needs analysis for new adult day health care centers.
(Amended by Stats. 2004, Ch. 632, Sec. 6. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 5.5 - Grants-in-Aid Program › Section 1589.5.

1589.5. State administrative costs on grants issued pursuant to this article shall not exceed 10 percent of the amount of the grants.
(Added by renumbering Section 1589 by Stats. 2000, Ch. 108, Sec. 10. Effective July 10, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 6 - Denial, Suspension, and Revocation › Section 1590.

1590. The state department may suspend or revoke any license issued under the provisions of this chapter upon any of the following grounds and in the manner provided in this article:
(a)  Violation by the licensee of any of the provisions of this chapter or of the rules and regulations adopted pursuant to this chapter.
(b)  Aiding, abetting, or permitting the violation of any provision of this chapter or of the rules and regulations adopted pursuant to this chapter.
(c)  Conduct in the operation or maintenance, or both the operation and maintenance, of an adult day health facility which is inimical to the health, morals, welfare, or safety of either an individual receiving services from the facility or the people of the State of California.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 6 - Denial, Suspension, and Revocation › Section 1590.5.

1590.5. Proceedings for the suspension, revocation, or denial of a license under this article shall be conducted in accordance with Section 100171. Except as provided in Section 1591, Section 100171 shall prevail in the event of a conflict between this chapter and Section 100171. The director shall ensure that public records accurately reflect the current status of any potential adverse action or actions, including the resolution of disputes.
(Amended by Stats. 2000, Ch. 869, Sec. 8. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 6 - Denial, Suspension, and Revocation › Section 1591.

1591. (a) When the director intends to seek the suspension or revocation of a license, the director shall notify the licensee of the proposed suspension or revocation and, at the same time, shall serve the person with an accusation. Upon receipt of a notice of defense from the licensee, the director shall set the matter for hearing within five days. The director shall make a final determination as to whether to suspend or revoke the license within 30 days after the original hearing has been completed.
(b) The director may temporarily suspend a license prior to a hearing when he or she determines that the suspension is necessary to protect the health and safety of the participants. In the event of a prehearing suspension, the director shall notify the licensee of the suspension and its effective date and, at the same time, shall serve the licensee with an accusation. Within 15 days of receiving a notice of defense from the licensee, the director shall set the matter for a hearing that shall be held as soon as possible, but not later than 30 days after receipt of the notice. The temporary suspension shall remain in effect until the hearing is completed and the director has made a final determination on the merits, which shall be made within 30 days after the hearing has been completed.
(Amended by Stats. 2004, Ch. 632, Sec. 7. Effective January 1, 2005.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 6 - Denial, Suspension, and Revocation › Section 1591.5.

1591.5. The withdrawal of an application for a license after it has been filed with the state department shall not, unless the state department consents in writing to such withdrawal, deprive the state department of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground provided by law or to enter an order denying the license upon any such ground.
The suspension, expiration, or forfeiture by operation of law of a license issued by the state department, or its suspension, forfeiture, or cancellation by order of the state department or by order of a court of law, or its surrender without the written consent of the state department, shall not deprive the state department of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any such ground.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 7 - Offenses › Section 1595.

1595. Any license revoked pursuant to this article may be reinstated pursuant to the provisions of Section 11522 of the Government Code.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 7 - Offenses › Section 1595.2.

1595.2. Any person who negligently, repeatedly, or willfully violates any of the provisions of this chapter, or regulations adopted pursuant to this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.
(Amended by Stats. 1983, Ch. 1092, Sec. 147. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 7 - Offenses › Section 1595.5.

1595.5. The director may bring an action to enjoin the violation or threatened violation of Section 1575 in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under the provisions of this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7, of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 7 - Offenses › Section 1596.

1596. Any action brought by the director against an adult day health center shall not abate by reason of a sale or other transfer of ownership of the adult day health center which is a party to the action.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.3 - California Adult Day Health Care Act › ARTICLE 7 - Offenses › Section 1596.5.

1596.5. The district attorney of every county shall, upon application by the state department or its authorized representative institute and conduct the prosecution of any action for violation within his county of any provisions of this chapter or of regulations adopted pursuant to this chapter.
(Added by Stats. 1977, Ch. 1066.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.60.

1596.60. For the purposes of this chapter, the following definitions shall apply:
(a) “Ancillary day care center” means a day care center, as defined in Section 1596.76, that is associated with an athletic club, grocery store, or other business or group of businesses that is not required to be licensed pursuant to subdivision (k) of Section 1596.792 that provides a day care center that is ancillary to its principal business activity and that provides day care services, with or without a fee, for the children of the clients or customers of that business or group of businesses while the clients or customers are engaged in shopping for, or purchasing, goods or services from that business or group of businesses.
(b) “Department” means the State Department of Social Services.
(c) “Director” means the Director of Social Services.
(d) “Professional supervised visitation monitor” means a person paid for providing supervised visitation services, or an independent contractor, employee, intern, or volunteer who is providing supervised visitation services and operating independently or through a supervised visitation center or agency.
(e) “Trustline provider,” “license exempt child care provider,” or “provider” means a person 18 years of age or older who provides child care, supervision, or any person providing in-home educational or counseling services to a minor, and who is not required to be licensed pursuant to Section 1596.792. “Provider” also means a person who provides care or childcare supervision in an ancillary day care center other than the parent or guardian of the child receiving the care. “Trustline provider” or “provider” also means a professional supervised visitation provider, as described in Section 3200.5 of the Family Code.
(Amended by Stats. 2019, Ch. 823, Sec. 2. (AB 1165) Effective January 1, 2020.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.601.

1596.601. Any child care provider who possesses any one of the following identification cards may initiate a background examination to be a trustline provider:
(a)  A valid California driver’s license.
(b)  A valid identification card issued by the Department of Motor Vehicles.
(c)  A valid Permanent Resident Card.
(d)  In the case of a person living in a state other than California, a valid numbered photo identification card issued by an agency of the state other than California.
(Amended by Stats. 2021, Ch. 296, Sec. 33. (AB 1096) Effective January 1, 2022.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.603.

1596.603. (a)  Each person initiating a background examination to be a trustline provider shall either obtain two sets of fingerprints from a law enforcement agency or other local agency on a fingerprint card authorized by the Department of Justice and shall submit the fingerprints, or send his or her fingerprints to the Department of Justice by electronic transmission in a manner approved by the department, unless exempted in subdivision (e), and a completed trustline application to the department, or the local child care resource and referral agency which will immediately forward the application package to the department. The agency taking the fingerprints shall inscribe the serial number from the identification card described in Section 1596.601 on the fingerprint cards.
(b)  A law enforcement agency or other local agency authorized to take fingerprints may charge a reasonable fee to offset the costs of fingerprinting for the purposes of this chapter.
(c)  Upon receipt, the department shall transmit the fingerprint card and a copy of the application to the Department of Justice. The Department of Justice shall use the fingerprints and the application to search the state and Federal Bureau of Investigation criminal history information pursuant to Section 1596.871 and the automated child abuse system pursuant to subdivision (b) of Section 1596.877.
(d)  A person who is a current licensee or employee in a facility licensed by the department need not submit fingerprints to the department and may transfer their criminal record clearance pursuant to subdivision (h) of Section 1596.871. The person shall instead submit to the department, along with the person’s application, a copy of the person’s identification card described in Section 1596.601 and sign a declaration verifying the person’s identity. A willful false declaration is a violation of this subdivision punishable in the same manner as provided under Section 1596.890.
(Amended by Stats. 1998, Ch. 311, Sec. 43. Effective August 19, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 2 - LICENSING PROVISIONS › CHAPTER 3.35 - Child Care Provider Registration › Section 1596.605.

1596.605. (a)  (1)  The department shall establish a trustline registry pursuant to this chapter and shall continuously update the registry information. Upon submission of the trustline application and fingerprints or other identification documents pursuant to either subdivision (a) or (e) of Section 1596.603, the department shall enter into the trustline registry the provider’s name, identification card number, and an indicator that the provider has submitted an application and fingerprints or identification documentation. This provider shall be known as a “trustline applicant.”
(2)  A person shall not be entitled to apply to be a trustline provider and shall have his or her application returned without the right to appeal if the provider would not be eligible to obtain a child care license pursuant to Section 1596.851.
(b)  (1)  Before approving the person’s application, the department shall check the individual criminal history pursuant to Section 1596.871 and against the child abuse index pursuant to subdivision (b) of Section 1596.877. Upon completion of the searches of the state summary criminal history information and the child abuse index, and, if applicable, the records of the Federal Bureau of Investigation, the department shall grant the trustline application if grounds do not exist for denial pursuant to Section 1596.607 and the department shall enter that finding in the provider’s record in the trustline registry and shall notify the provider of the action. This provider shall be known as a “registered trustline child care provider.”
(2)  The department may transfer the criminal record clearance granted to a registered trustline child care provider and hold the registered trustline child care provider’s criminal record clearance in its active files pursuant to subdivision (h) of Section 1596.871.
(Added by Stats. 1997, Ch. 843, Sec. 4. Effective January 1, 1998. Section operative July 1, 1998, pursuant to Section 1596.68.)